U.8. G?

aS RIOT COURT
UNITED STATES DISTRICT COURT MIDDLE DISTRICT of TENN.
MIDDLE DISTRICT OF TENNESSEE 1
NASHVILLE DIVISION DEC 2 2010

UNITED STATES OF AMERICA )

No. 3 , I ~-00 3'7, / D17PUTYGL ~4t
V. )
18 U.S.C. § 1347
18 U.S.C. § 1956
18 U.S.C. § 1957
21 U.S.C. § 841(a)(1)
SAMSON ORUSA ) 21 U.S.C. § 856(a)(1)

INDICTMENT

COUNT ONE

THE GRAND JURY CHARGES:

At all times material to this Indictment:

A. Orusa's Medical Practice

1. SAMSON ORUSA was a medical doctor licensed by the Tennessee Board of

Medicine, with license number 0000028275, Drug Enforcement Administration registration

number B04959889, and Tennessee Board of Health Pain Clinic certificate number 246.

SAMSON ORUSA operated a medical practice located in Clarksville, Tennessee.

2. SAMSON ORUSA accepted cash paying patients and insurance patients, including

private insurance and public insurance, such as Medicare and Medicaid.

3. SAMSON ORUSA provided medical treatment to a variety of patients, including

those who sought treatment for chronic pain. SAMSON ORUSA prescribed oxycodone to most

of his patients. Oxycodone is a narcotic analgesic that is similar to morphine. It is a Schedule II

controlled substance under the Controlled Substances Act. Abuse of Schedule II controlled

substances can lead to severe psychological or physical dependence. Oxycodone is an opioid used

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to treat severe pain, and even if taken as prescribed, can cause psychological and physical

dependence, and if abused can cause death. Oxycodone pills have a "street value" of roughly one

dollar per milligram.

B. Medicare Health Insurance Program

4. The United States Department of Health and Human Services, Centers for Medicare

and Medicaid Services ("CMS"), was an agency of the United States that administered the

Medicare and Medicaid programs. Medicare was a federally funded health insurance program that

provided insurance coverage for persons aged 65 or over and to persons under the age of 65 who

are entitled to benefits due to disability. Medicare was a "health care benefit program" as defined

by Title 18, United States Code, Section 24(b).

5. Typically, a Medicare beneficiary enrolled in a Medicare Part D plan would fill

their prescription at a pharmacy utilizing their Medicare Part D plan coverage to pay for the

prescription. The pharmacy would then submit the prescription claim for reimbursement to the

Medicare Part D beneficiary's plan for payment under the beneficiary's Health Insurance Claim

Number and/or Medicare Plan identification number.

6. Medicare prohibited payment for items and services that were not "reasonable and

necessary" for the diagnosis and treatment of an illness or injury. Medicare claim forms, for

example, required the provider who made a claim for services to certify that the services were

"medically indicated and necessary for the health of the patient."

7. Federal regulations also required that health care practitioners provide services that

are of a quality that meets professionally recognized standards of health care; and were supported

by evidence of medical necessity and quality in such form and fashion and at such time as may

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 reasonably be required by a reviewing peer review organization in the exercise of its duties and

responsibilities.

C. The Claims Process

8. Medical providers and health care benefit programs utilized well-known and

standard insurance processing codes to identify the service provider, the medical diagnoses, and

the medical treatments or procedures rendered to a patient.

9. Each licensed medical provider, such as a physician, physician's assistant, or nurse

practitioner had a unique code called a National Provider Identifier ("NPI"). With the NPI number,

a health care provider could enroll with CMS to become eligible to bill Medicare for services

rendered to covered beneficiaries.

10. SAMSON ORUSA was authorized as a health care provider qualified by Medicare

and other health insurance programs to submit bills for medical services he provided to the

programs' beneficiaries. SAMSON ORUSA signed an enrollment form agreeing, among other

things, that he would be responsible for all Medicare claims submitted by himself, or by his

employees or agents. SAMSON ORUSA further agreed, among other things, that he would

"submit claims that were accurate, complete, and truthful" and that the filing of such claims

constituted "an assurance by the provider that services were performed as billed."

11. Medical providers commonly recorded diagnosis and procedure codes on a form

referred to as a "superbill" during the course of the examination of a patient or the performance of

a medical procedure.

12. Medical providers often recorded the data from the superbill onto a standard claim

form known as the CMS 1500 form, which the medical provider would send to the patient's health

care benefit program, or the data from which the medical provider would submit electronically to

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the patient's health care benefit program for payment. Whether submitted in paper form or

electronically, the health care benefit program relied on such information in evaluating the claims

for payment. SAMSON ORUSA personally prepared the superbills relating to his insurance

patients.

13. When each claim was submitted for payment, SAMSON ORUSA certified to the

health care benefit program that (1) the services shown on the form were medically indicated and

necessary for the health of the patient, and (2) were personally furnished by SAMSON ORUSA.

14. To identify services provided to Medicare beneficiaries, SAMSON ORUSA was

required to use five-digit identifying codes published annually by the American Medical

Association in a manual called the Physician's Current Procedural Terminology, which, along with

the identifying codes, or "CPT codes," contained a description of procedures and services.

15. Medicare Part B allowed coverage and payment for evaluation and management

services (hereinafter "office visits") provided to established patients in a physician's office. Each

CPT code reflected a certain level of complexity and reimbursement rate. The more complex the

office visit, the higher the rate of reimbursement for the provider.

16. Office visits were billed under, among others, CPT codes 99211, 99212, 99213,

99214, and 99215:

a. Level One: 99211 was an office or other outpatient visit that, among other things,

typically involves five minutes of the physician's time to perform or supervise the

performance of Level One services.

b. Level Two: 99212 was an office or other outpatient visit that, among other things,

typically involves ten minutes of the physician's time face-to-face with the patient

and/or family.

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 c. Level Three: 99213 was an office or other outpatient visit that, among other things,

typically involves fifteen minutes of the physician's time face-to-face with the

patient and/or family.

d. Level Four: 99214 was an office or other outpatient visit that, among other things,

typically involves twenty-five minutes of the physician's time face-to-face with the

patient and/or family. The CPT manual provides that a doctor should only bill for

CPT code 99214 if in connection with the visit of an established patient, the doctor

performed at least two of the following three components: a detailed history, a

detailed examination, or medical decision-making of moderate complexity.

e. Level Five: 99215 was an office or other outpatient visit that, among other things,

typically involves forty minutes of the physician's time face-to-face with the patient

and/or family. This code was appropriate for the most complex office visits and

may have been used to bill for services provided to an established patient when a

physician spent increased face-to-face time with a patient and performed at least

two of the following three components: a detailed history, a detailed examination,

or medical decision-making of high complexity.

17. Medicare regulations also required health care providers and physicians to maintain

complete and accurate patient medical records reflecting the medical assessment and diagnoses of

their patients, as well as records documenting actual treatment of the patients to whom services

were provided and for whom claims for payment were submitted. Medicare requireed complete

and accurate patient medical records so that Medicare can verify that the services were provided

as described on the claim form. These records were required to be sufficient to permit Medicare,

through its contractors, to review the appropriateness of Medicare payments made to the health

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care provider.

18. The health care benefit programs relied on the physician's certification, the

diagnosis codes and the procedure codes, and only provided payment on claims if the services

were medically reasonable and necessary and either personally furnished by the physician or under

his immediate personal supervision.

19. Medicare would pay only for services that were actually performed.

D. Manner and Means

20. Beginning not later than January 1, 2014, and continuing thereafter until September

6, 2018, in the Middle District of Tennessee, SAMSON ORUSA did knowingly open, use, and

maintain his medical practice at 261 Stonecrossing Drive, Clarksville, Tennessee, for the purpose

of distributing Schedule II controlled substances, not for legitimate medical purposes in the usual

course of professional medical practice and beyond the bounds of medical practice.

21. SAMSON ORUSA opened, used, and maintained his medical practice for the

purpose of distributing oxycodone not for legitimate medical purposes in the usual course of

professional medical practice and beyond the bounds of medical practice, including in the

following ways:

a. On or about February 4, 2015, Patient M.H. first visited SAMSON ORUSA.

SAMSON ORUSA diagnosed Patient M.H. with "Chronic Pain Syndrome,"

without attempting to diagnose a specific pain etiology. At the time of Patient

M.H.'s final encounter, SAMSON ORUSA prescribed Patient M.H. oxycodone

(an opioid), oxymorphone (an opioid), Soma (carisoprodol, a muscle relaxer), and

alprazolam (benzodiazepine, an anti-anxiety drug). This drug regimen is commonly

referred to as "The Holy Trinity," and is considered to be a potentially deadly drug

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 cocktail. On or about February 24, 2018, Patient M.H, died of alprazolam,

oxymorphone, meprobamate intoxication.

b. On or about May 20, 2016, SAMSON ORUSA prescribed oxycodone to Patient

L.A. This was Patient L.A.'s initial visit with SAMSON ORUSA. She reported to

him that she had not been taking prescription medications "because she had been

without a doctor." However, her initial toxicology screen was positive for

oxycodone, benzodiazepines, and marijuana.

c. On or about September 6, 2016, Patient M.P. first visited SAMSON ORUSA. At

this initial encounter, SAMSON ORUSA noted "I need dismissal, records, X-ray,

MRI from Dr. M" (herein redacted), but then went on to prescribe oxycodone on

that date. Thereafter, SAMSON ORUSA prescribed oxycodone and other

Schedule II controlled substances without obtaining Patient M.P.'s prior medical

history, and without performing a credible physical examination or diagnostic

workup. On or about April 17, 2018, Patient M.P. suffered a heroin overdose in the

waiting room of SAMSON ORUSA's medical office.

d. On or about September 16, 2016, SAMSON ORUSA prescribed oxycodone to

Patient M.W., whom SAMSON ORUSA knew had tested positive on or about

August 23, 2016, for heroin metabolite and negative for prescribed alprazolam. On

or about May 2, 2017, SAMSON ORUSA again prescribed oxycodone to Patient

M.W., who then tested negative on or about May 8, 2017, for all prescribed

medications, including oxycodone.

e. On or about May 12, 2017, SAMSON ORUSA prescribed oxycodone to Patient

D.C., whom SAMSON ORUSA knew had tested positive for cocaine and

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 marijuana on or about October 2, 2016, and tested negative for prescribed

oxycodone on April 17, 2017.

f. On or about June 23, 2017, Patient M.S. first visited SAMSON ORUSA after

having been discharged from a pain management practice for testing positive for

cocaine, and for having submitted a falsified drug screen. SAMSON ORUSA

identified Patient M.S. as "high risk," but nevertheless prescribed Schedule II

controlled substances without comment in Patient M. S.'s chart. On or about

September 13, 2017, Patient M.S. provided an "all negative" urine drug screen, but

continued to receive Schedule II controlled substances prescribed by SAMSON

ORUSA.

g. On or about October 18, 2017, SAMSON ORUSA prescribed oxyco done to Patient

C.R. without having seen Patient C.R. on that date, and then documented in Patient

C.R.'s chart that he had in fact conducted a physical examination on that date.

22. Between July 1, 2018, and August 21, 2018, SAMSON ORUSA wrote

approximately 2,494 prescriptions for Schedule II controlled substances.

23. As far back as 2013, and continuing in 2014, and in 2016, the Tennessee

Department of Health's auditing of SAMSON ORUSA's pain management certificates identified

regulatory defects in his practice which went uncorrected, including failure to document treatment

options, failure to conduct controlled substance monitoring after starting a course of opioid

treatment, and failure to establish patient drug screen compliance. On September 14, 2018, the

state permanently revoked SAMSON ORUSA's pain management certificate. On that same day,

SAMSON ORUSA wrote approximately 164 individual prescriptions for approximately 12,754

Schedule II controlled substance pills.

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 24. As far back as 2014, and continuing through September 2018, several pharmacies

in Montgomery County, Tennessee stopped honoring SAMSON ORUSA's prescriptions for

Schedule II controlled substances.

All in violation of Title 21, United States Code, Section 856(a)(1).

COUNTS TWO THROUGH TWENTY-THREE

THE GRAND JURY FURTHER CHARGES:

1. The allegations contained in Paragraphs 1 through 24 of COUNT ONE are

incorporated and re-alleged as if fully set forth herein.

2. Beginning not later than January 1, 2014, and continuing thereafter until September

6, 2018, including on or about the dates identified in the chart below, in the Middle District of

Tennessee, SAMSON ORUSA did knowingly and intentionally distribute oxycodone, a Schedule

II controlled substance, as identified in the chart below, not for legitimate medical purposes in the

usual course of professional medical practice and beyond the bounds of medical practice:

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 Count Patient Date RX Controlled Prescriber Pharmacy
Written Substance DEA # RX #
2 B.S. 4/12/2017 oxycodone BO4959889 2217777

3 C.R. 11/20/2017 oxycodone BO4959889 218686

4 M.H. 2/16/2018 oxycodone BO4959889 258611

5 R.P. 2/23/2018 oxycodone BO4959889 217494

6 K.C. 3/12/2018 oxycodone BO4959889 1011502

7 M.P. 3/16/2018 oxycodone BO4959889 55524

8 M. S. 4/10/2018 oxycodone BO4959889 7963485

9 J.T. 4/27/2018 oxycodone BO4959889 44872

10 M.B. 8/10/2018 oxycodone BO4959889 32208

11 M.C. 8/13/2018 oxycodone BO4959889 271531

12 G.D. 8/15/2018 oxycodone BO4959889 7974009

13 D.B. 8/20/2018 oxycodone BO4959889 236101

14 L.A. 8/21/2018 oxycodone BO4959889 272105

15 M.M. 8/21/2018 oxycodone BO4959889 7974466

16 J.M. 8/24/2018 oxycodone BO4959889 273689

17 J.W. 8/24/2018 oxycodone BO4959889 6053309

18 C.F. 8/24/2018 oxycodone BO4959889 62467

19 D.C. 8/27/2018 oxycodone BO4959889 272513

20 S.B. 8/28/2018 oxycodone BO4959889 272692

21 M.W. 8/29/2018 oxycodone BO4959889 272731

22 B.C. 8/29/2018 oxycodone BO4959889 7975325

23 W.A. 9/5/2018 oxycodone BO4959889 6053557

All in violation of Title 21, United States Code, Section 841(a)(1).

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 COUNTS TWENTY-FOUR THROUGH THIRTY-SIX

THE GRAND JURY FURTHER CHARGES:

1. The allegations contained in Paragraphs 1 through 24 of COUNT ONE are

incorporated and re-alleged as if fully set forth herein.

A. Oiusa's Scheme

2. Beginning not later than January 1, 2014, and continuing thereafter until

September 6, 2018, in the Middle District of Tennessee and elsewhere, SAMSON ORUSA

devised and participated in a scheme and artifice to defraud health insurance benefit programs,

including Medicare.

3. It was a purpose of the scheme and artifice to defraud for SAMSON ORUSA to

unlawfully enrich himself and others known and unknown to the Grand Jury by, among other

things: (a) submitting reimbursement claims to Medicare that were "up-coded," that is, submitting

claims that indicated the provision of a higher level of service than actually performed; (b)

submitting false and fraudulent claims to Medicare for services that were medically unnecessary

and that were, therefore, not eligible for reimbursement; (c) causing claims to be submitted to

Medicare for prescriptions that were issued in violation of law or otherwise outside the bounds of

accepted medical practice; and (d) diverting proceeds of the fraud.

4. It was part of the scheme and artifice to defraud that SAMSON ORUSA would

accept 50, 60, or even more patients for office visits in a single day.

5. It was further part of the scheme and artifice to defraud that SAMSON ORUSA

would submit, and cause others known and unknown to the Grand Jury to submit, to Medicare

false and fraudulent reimbursement claims for physician services and office visits that were

medically unnecessary and not provided in the manner required by established billing and medical

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 guidelines, on behalf of numerous Medicare beneficiaries, including Patient J.M., Patient M.M.,

Patient D.B., Patient K.C., Patient R.P., Patient J.M.M., Patient J.T., Patient B.S., and Patient

G.D.

6. It was further part of the scheme and artifice to defraud that SAMSON ORUSA,

would require insurance patients, including Medicare beneficiaries, to visit his office

approximately four to six tunes in a single month in order to increase and inflate reimbursement

claims. Cash paying patients, however, were only required to visit SAMSON ORUSA's office

twice per month.

7. It was further part of the scheme and artifice to defraud that SAMSON ORUSA,

and others known and unknown to the Grand Jury, would require insurance patients, including

Medicare beneficiaries, to accept injections, in order to increase and inflate reimbursement claims.

SAMSON ORUSA would and did threaten to withhold pain management prescriptions from

insurance patients who refused the injections. Cash paying patients, however, generally were not

required to accept injections in order to receive pain management prescriptions.

8. It was further part of the scheme and artifice to defraud that SAMSON ORUSA,

and others known and unknown to the Grand Jury, would submit reimbursement claims indicating

that SAMSON ORUSA provided office visits and services to Medicare beneficiaries in a single

day in excess of a 24 hours, including office visits and services billed for the following dates:

October 17, 2017; October 18, 2017; November 13, 2017; December 4, 2017; January 5, 2018;

January 8, 2018; January 10, 2018; February 5, 2018; and March 30, 2018.

9. It was further part of the scheme and artifice to defraud that SAMSON ORUSA

would enter into patient files, and cause others known and unknown to the Grand Jury to enter into

patient files, inconsistent, false, and rote information in order to create documentation supporting

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the reimbursement claims submitted to Medicare and other insurance benefit programs.

B. The Offenses

10. Beginning not later than January 1, 2014, and continuing thereafter until

September 6, 2018, in the Middle District of Tennessee and elsewhere, SAMSON ORUSA, did

knowingly and willfully execute and attempt to execute, a scheme and artifice to defraud health

care benefit programs, including Medicare, and to obtain by means of materially false and

fraudulent pretenses, representations, and promises, money and property owned by and under the

custody and control of health care benefit programs, including Medicare, in connection with the

delivery of and payment for health care benefits, items, and services, to wit: SAMSON ORUSA

submitted and caused to be submitted to Medicare reimbursement claims for which he falsely

represented that he provided certain office visits and medical services in the manner consistent

with billing and medical guidelines, as follows:

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 Count Date of Service Claim Submission Patient CPT Code Amount
Date
24 4/10/2017 4/11/2017 B.S. 99215 $150.00

25 4/11/2017 4/12/2017 B. S.- 99214 $100.00

26 4/12/2017 4/13/2017 B. S. 99214 $100.00

27 10/17/2017 10/19/2018 M.M. 99214 $100.00

28 10/17/2017 10/23/2017 R.P. 99214 $100.00

29 10/18/2017 10/23/2017 J.T. 99214 $100.00

30 10/18/2017 10/09/2018 J.M. 99214 $100.00

31 10/18/2017 10/09/2018 M.M. 99214 $100.00

32 10/18/2017 10/23/2017 R.P. 99214 $100.00

33 11/03/2017 11/06/2017 R.P. 99214 $100.00

34 11/03/2017 10/11/2018 J.M. 99215 $150.00

35 11/13/2017 1/08/2018 M.M. 99215 $150.00

36 11/13/2017 11/15/2017 D.B. 99214 $100.00

All in violation of Title 18, United States Code, Section 1347.

COUNTS THIRTY-SEVEN THROUGH FORTY-THREE

THE GRAND JURY FURTHER CHARGES:

1. The allegations contained in Paragraphs 1 through 24 of COUNT ONE and

Paragraphs 2 through 10 of COUNTS TWENTY-FOUR THROUGH THIRTY-SIX are

incorporated and re-alleged as if fully set forth herein.

2. On or about the dates set forth below with respect to each count, in the Middle

District of Tennessee and elsewhere, SAMSON ORUSA, did knowingly conduct and attempt to

conduct a financial transaction affecting interstate commerce as described below, which involved

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the proceeds of a specified unlawful activity, namely, maintaining a drug-involved premises, in

violation of Title 21, United States Code, Section 856; unlawful distribution of a controlled

substance prescribed outside the bounds of professional medical practice, in violation of Title 21,

United States Code, Section 841; and health care fraud, in violation of Title 18, United States

Code, Section 1347, and knowing that the transaction was designed in whole and in part to

conceal and disguise the nature, location, source, ownership, and control of the proceeds of said

specified unlawful activity, while knowing that the property involved in the financial transaction,

represented the proceeds of some form of unlawful activity:

Count Approximate Description Source Amount

Transaction Date
37 September 6, 2016 Wire transfer from SAMSON Clinic $9,000
ORUSA's account *6106 to proceeds
foreign account *3160
38 September 9, 2016 Wire transfer from SAMSON Clinic $9,000
ORUSA's account *6106 to proceeds
foreign account *3160
39 September 13, 2016 Wire transfer from SAMSON Clinic $9,000
ORUSA's account *6106 to proceeds
foreign account *3160
40 February 2, 2017 Wire transfer from SAMSON Clinic $8,900
ORUSA's account *7606 to proceeds
foreign account *3160
41 February 2, 2017 Wire transfer from SAMSON Clinic $8,900
ORUSA's account *7317 to proceeds
foreign account *3160
42 February 9, 2017 Wire transfer from SAMSON Clinic $8,500
ORUSA's account *7317 to proceeds
foreign account *3160
43 February 9, 2017 Wire transfer from SAMSON Clinic $8,500
ORUSA's account *7606 to proceeds
foreign account *3160

All in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i).

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 COUNTS FORTY-FOUR THROUGH FORTY-FIVE

THE GRAND JURY FURTHER CHARGES:

1. The allegations contained in Paragraphs 1 through 24 of COUNT ONE and

Paragraphs 2 through 10 of COUNTS TWENTY-FOUR THROUGH THIRTY-SIX are

incorporated and re-alleged as if fully set forth herein.

2. On or about the dates set forth below with respect to each count, in the Middle

District of Tennessee and elsewhere, SAMSON ORUSA, did knowingly engage and attempt to

engage in the following monetary transactions in criminally derived property of a value greater

than $10,000, affecting interstate commerce and by, through, and to a financial institution,

namely, the transfer and withdrawal of funds by the means set forth below, such property having

been derived from a specified unlawful activity, namely, maintaining a drug-involve premises, in

violation of Title 21, United States Code, Section 856; unlawful distribution of a controlled

substance outside the bounds of professional medical practice, in violation of Title 21, United

States Code, Section 841; and health care fraud, in violation of Title 18, United States Code,

Section 1347:

Count Approximate Description Source Amount

Transaction Date
44 December 15, 2016 Check from BB&T account Clinic $12,451
*2471 toward down payment proceeds
for purchase of 2017 Mercedes-
Benz S 550 4Matic luxury car
45 February 24, 2017 Check from BB&T account Clinic $100,000
*2471 for purchase of proceeds
securities

All in violation of Title 18, United States Code, Section 1957.

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 FORFEITURE ALLEGATION

THE GRAND JURY FURTHER CHARGES:

1. The allegations contained-in this Indictment are re-alleged and incorporated by

reference as if fully set forth in support of this forfeiture allegation.

2. Upon conviction of Counts One through Twenty-Three (Maintaining a Drug-

Involved Premises, and Unlawful Distribution of a Controlled Substance Outside the Bounds of

Professional Medical Practice), SAMSON ORUSA shall forfeit to the United States of America,

pursuant to Title 21, United States Code, Section 853(a):

(A) any property constituting, or derived from, any proceeds the

defendant obtained, directl y or indirectly, as the result of the
offense; and

(B) any of the defendant's property used, or intended to be used, in any

manner or part, to commit, or to facilitate the commission of the
offense, including but not limited to the property listed below.

3. Upon conviction of Counts Twenty-Four through Thirty-Six (Health Care Fraud),

SAMSON ORUSA shall forfeit to the United States of America, pursuant to Title 18, United

States Code, Section 982(a)(7), property, real or personal, that constitutes or is derived, directly or

indirectly, from gross proceeds traceable to the commission of the offense including but not limited

to the property listed below.

4. Upon conviction of Counts Thirty-Seven through Forty-Five (Money Laundering),

SAMSON ORUSA shall forfeit to the United States of America, pursuant to Title 18, United

States Code, Section 982(a)(1): any property, real or personal, involved in such offense, or any

property traceable to such property including but not limited to the property listed below.

5. The property to be forfeited includes the following:

(A) The contents of the following bank, financial, life and annuity accounts:

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 1) Branch Banking and Trust account number ending in *4834 in the
name of SAMSON ORUSA, M.D. M.D. P.C.;

2) Branch Banking and Trust account number ending in *2471 in the

name of Samson Orusa;

3) Fifth Third Bank account number ending in *7317 in the name of

Samson Orusa;

4) Wells Fargo Bank account number ending in *8727 in the name of

SAMSON ORUSA, M.D.;

5) Citizens Bank account number ending in *965, account holder

Samson Orusa;

6) CUSO Financial Services account number ending in *546 in the

name of Dr. S. Orusa 401K FBO Samson Orusa; and

7) Great West Life & Annuities account number ending in *3355 in the
name of Samson Orusa.

(B) a money judgment as to Counts One through Twenty-Three (Maintaining a

Drug-Involved Premises, and Drug Distribution of a Controlled Substance
Outside the Bounds of Professional Medical Practice) in an amount to be
determined, representing the value of any properly constituting, or derived
from, any proceeds the defendant obtained, directly or indirectly, as the
result of the drug distribution offense; and the value of any of the
defendant's property used, or intended to be used, in any manner or part, to
commit, or to facilitate the commission of the drug trafficking offense.

(C) a money judgment as to Counts Twenty-Four through Thirty-Six (Health

Care Fraud) in an amount to be determined, representing the value of the
property, real or personal, that constitutes or is derived, directly or
indirectly, from gross proceeds traceable to the commission of the Health
Care Fraud offense

(D) a money judgment as to Counts Thirty-Seven through Forty-Five (Money

Laundering) in an amount to be determined representing the value of any
property, real or personal, involved in such money laundering offense, or
any property traceable to such property.

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 SUBSTITUTE PROPERTY

6. If any of the property described above, as a result of any act or omission of

SAMSON ORUSA.:

a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or

e. has been commingled with other property that cannot be divided without
difficulty,
the United States shall be entitled to forfeiture of substitute property, and it is the intent of the

United States, pursuant to Title 21, United States Code, Section 853(p), to seek forfeiture of any

other property of SAMSON ORUSA up to the value of said property listed above as subject to

forfeiture.

A TRUE BILL

FOREPERSON

DONALD Q. COCHRAN
UNITED STATES ATTORNEY
f

STEPHAN N. TOUSSAINT
ASSIST T ITED-TOTES ATT RNEY

MILLER BUSHONG
ASSISTANT UNITED STATES ATTOR~

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Case 3:18-cr-00342 Document 3-1 Filed 12/12/18 Page 1 of 1 PageID #: 22