In San Antonio, a federal grand jury indicted 46–year-old
licensed Physician’s Assistant Christopher Felix Montoya and 40–year-old Nancy
Almaguer for their roles in a Health Care Fraud, bribery and kickback scheme, announced
U.S. Attorney John Bash, FBI Special Agent in Charge Christopher Combs, San
Antonio Division, and Texas Attorney General Ken Paxton.
The indictment, returned Wednesday and unsealed today,
charges Montoya, the owner and operator of TPC Family Medicine and Urgent Care
Clinics in San Antonio and Laredo (TPC), and TPC Chief Operating Officer
Almaguer with one count of conspiracy to pay and receive health care kickbacks
and three counts of soliciting and receiving illegal health care kickbacks. Each count calls for up to five years in
federal prison upon conviction.
The indictment alleges that from September 2018 to June
2019, the defendants schemed to enrich themselves by receiving kickbacks and
bribes in exchange for sending patient nasal swabs to a specific laboratory
(lab) for testing. The lab would perform
the testing, receive reimbursement from Medicare and other insurance
programs. The lab, through a 3rd party,
would pay kickbacks to Montoya and Almaguer.
FBI agents arrested both defendants yesterday afternoon
without incident. During an initial
appearance today in San Antonio, U.S. Magistrate Judge Elizabeth S. Chestney
set $50,000 bonds for both Montoya and Almaguer.
The FBI, Texas Attorney General’s Office, U.S. Department of
Health and Human Services—Office of Inspector General and the U.S. Office of
Professional Management—Office of Inspector General investigated this
case. Assistant U.S. Attorney Justin
Chung is prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be
considered as evidence of guilt. The
defendants are presumed innocent until proven guilty in a court of law.
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