Judge orders probation in Medicaid fraud case; other issues pending

A federal judge has placed a former Ellsinore, Missouri, man on probation for his role in a Medicaid scheme.

Gary Wayne Bender, aka "Goober," who pleaded guilty in March to one felony count of health-care fraud, was sentenced Monday to time served by U.S. District Judge Stephen Limbaugh Jr.

Limbaugh placed Bender on three years of supervised release and ordered him to pay $14,829.45 in restitution.

The 48-year-old admitted he knowingly executed or attempted to execute a scheme to defraud Medicaid, according to a plea agreement.

Bender lived next door to Endeavor Home Care, which provided in-home health and personal care services for people who otherwise would be placed in nursing homes, according to court documents.

From 2008 to 2011, Bender entered an agreement with staff at the facility to sign time sheets falsely, indicating he had received services even though he was able to drive, mow grass and do construction and painting work.

Richard and Steffanie Kearbey were listed on time sheets indicating they provided services to Endeavor patients, including Bender, according to the plea agreement.

Richard Kearbey is the husband of Kellie Kearbey, who reportedly co-owns Endeavor, and the father of Steffanie Kearbey, a former Carter County deputy sheriff.

Steffanie Kearbey is serving five years in federal prison after pleading guilty to possession of a stolen firearm and sale of a stolen firearm stemming from a Missouri State Highway Patrol investigation into former sheriff Tommy Adams' alleged wrongdoings.

Bender, who had been in federal custody since his indictment in February 2013, now is in state custody, as he also was charged in Carter County with multiple felonies.

Having been granted a change of venue to Butler County in his cases, Bender pleaded guilty in June 2013 to four counts of second-degree arson and two counts of distribution of a controlled substance.

As part of his plea, Bender admitted to burning multiple Ellsinore homes in 2010 and 2011, including the former sheriff's modular home, and of distributing methamphetamine to a confidential informant and an undercover officer.

Per the plea negotiations, Bender is expected to be sentenced to seven years on each of the arson charges and 10 years on each drug charge, with the sentences to run concurrently. He is to appear at 1 p.m. June 24 before Presiding Circuit Judge Michael Pritchett for a review of his case.