Days after seven defendants indicted in a high-profile healthcare fraud case entered not guilty pleas, a magistrate judge granted their respective bonds.
On Wednesday, Magistrate Judge J. Scott Hacker granted bonds for John Ageudo Rodriguez, 51, two clinic employees, Araceli Gaona, 35, and Erika Salinas Vasquez, 38, and chiropractors Alex Flores Jr., 51, Hector De La Cruz, 50, according to court notes.
As of Thursday the judge had not determined the bond amounts for one of Rodriguez’s marketers, Mohammad Imtiaz Chowdury, 40, and his father, a physician in Edinburg, Dr. Tajul Shams Chowdhury, 71.
The defendants all appeared via videoconference Monday afternoon for their respective arraignment and detention hearings, and entered not guilty pleas to their respective charges.
Charges include one count of attempt and conspiracy to commit mail fraud, 12 counts of healthcare fraud, money laundering, and one count each of conspiracy to defraud the U.S.
During the respective hearings, prosecutors representing the government and attorneys for the defendants, made arguments regarding the conditions of bond recommended by pretrial services.
During Gaona’s hearing, attorney Carlos A. Garcia, assured the court that the clinic employee would resign from her position at Dr. Chowdury’s office, a condition of her release set by pretrial services.
The government for its part pushed back on a recommended $50,000 unsecured bond for Gaona, instead asking the court to set out a $100,000 unsecured bond.
The government argued the severity of the charge, which allegedly involves up to $6 million in “kickbacks,” was the reason for the recommended increase in bond.
On Wednesday, Hacker set Gaona’s bond at $50,000, with a $1,500 cash deposit, records show.
Gaona’s co-worker, Erika Salinas Vasquez’s hearing followed. The Donna resident was represented by attorney Rick Montalvo.
Through Montalvo, the court learned Salinas had resigned from her position at Chowdhury’s office — a condition set forth by pretrial services.
But a point of contention for the government was a remaining tie to Salinas and the doctor’s office. The government stated Salinas’ teenage daughter is currently interning at the office, a fact Montalvo confirmed during the hearing.
Government also stated on the record that Salinas’ husband, who was not named, was allegedly involved in the scheme.
Two other marketers, not named but identified as “V.G.” and “J.Y.” in the court document, were mentioned in the indictment.
The government requested a $200,000 bond and $10,000 cash deposit for Salinas.
Montalvo stated his client was not going to abscond, and argued for some kind of electronic tracker in lieu of a higher bond amount.
As Garcia had intimated during his client’s hearing, Montalvo pointed to how Salinas was not the main actor in the indictment, and thus deserved a bond more commiserate with that fact.
Hacker set Salinas’ bond at $75,000, with a $3,000 cash deposit, records show.
The government emphasized who they believe was the “main actor,” and characterized pharmacist John A. Rodriguez as the lead defendant in the alleged scheme to bilk the government of more than $100 million.
During Rodriguez’s hearing, the government requested a $1 million bond as they considered Rodriguez to be a flight risk based on recent liquidation of real estate and other property. The attorneys for the government stated Rodriguez faces up to 20 years in prison if convicted of the alleged crimes.
Additionally, the government requested that Rodriguez cease practicing as a pharmacist, and notify them of any additional liquidation of assets, as they believe this may be evidence of him attempting to flee.
Rodriguez’s attorney, Jason M. Davis, argued that he has represented his client in this case dating back to at least 2016, and at no point has he been a flight risk to the government.
He added that Rodriguez voluntarily surrendered to the FBI last week. Davis said his client has refuted the allegations since 2016, and his intention to fight the charges. He requested a bond of $200,000.
Hacker set Rodriguez’s bond at $250,000, with a $10,000 cash deposit Wednesday, the order shows.
Similarly in Mohammad Chowdhury’s hearing, the government argued pretrial services recommendation of a $100,000 bond with a $5,000 cash deposit was too low, and requested the court set a $1 million bond.
The government prosecutors argued Mohammad Chowdhury was a flight risk based on travel to Bangladesh, and recent liquidation of assets.
Mohammad Chowdhury was characterized by the government as playing a significant role in the alleged scheme, stating in part that his efforts contributed significantly to Rodriguez’s scheme.
His attorney, Jaime Peña, stated his client was not a flight risk, and that the travel to Bangladesh was to visit his mother, who has since relocated to McAllen. Peña also stated that his client has not worked in the healthcare industry since 2017, when the case was first brought to his attention and that he is still working on obtaining employment.
Peña requested a $50,000 unsecured bond.
As of Thursday, Hacker had not yet determined a bond amount for Mohammad Chowdhury, records show.
The government also told the court they believed Mohammad’s father was also a flight risk and should set a high bond to ensure that he does not flee.
To that end, the government made note of Dr. Tajul Shams Chowdhury’s 2017 marriage in Bangladesh — a sticking point for the government during the physician’s detention hearing,
This tie to his country of birth and recent nuptials, and conflicting information regarding the physician led the attorneys for the government to argue for a higher bond than the $100,000 recommended by pretrial services.
The physician’s attorney, Robert L. Steindel, argued against the $1 million bond — stating plainly, the 71-year-old longtime McAllen resident, and respected community member, who currently suffers from health issues, was not a flight risk, and would surrender his passport immediately.
The doctor owns and operates a medical practice in Edinburg known as the Center for Pain Management, a general practice facility that opened in 1994.
Hacker had also not decided on the physician’s bond amount as of Thursday, records show.
The hearings for Flores Jr. and De La Cruz, chiropractors, and owners of a chain of successful health-related businesses around the state, including in Laredo, San Antonio, and Edinburg, to name a few, were the last on the docket Monday afternoon.
Their respective attorneys, Ricardo Perez and Adolfo “Al” Alvarez, argued against conditions that would deny the business partners the ability to speak to each other.
The government argued they are trying to avoid co-defendants from speaking to each other about the pending allegations and the case against them.
Perez told the court the two men have been partners in different businesses for more than two decades.
The government requested a $500,000 bond for Flores and De La Cruz each — an amount both attorneys challenged during the hearing.
Hacker on Wednesday granted bond for each in the amount of $250,000, with a $10,000 cash deposit, records show.
Pretrial deadline submissions and other dates were set by the court for July and August. The case is assigned to U.S. District Judge Ricardo H. Hinojosa.
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