An Ellsinore, Mo., man who was charged as part of an investigation into suspected illegal activities committed while Tommy Adams was Carter County sheriff now faces a federal indictment for a health care fraud scheme.
Accused of distributing methamphetamine, as well as burning multiple homes, including the former sheriff's home, Gary Wayne Bender, aka "Goober," was indicted Feb. 28 by a federal grand jury.
The indictment alleges from 2008 to 2011, Bender and others "acting in concert with him devised and executed a fraud scheme to obtain Medicaid reimbursement for in-home services that were not rendered."
According to the indictment, the 47-year-old lived in an apartment next door to the offices of Endeavor Home Care LLP and was listed as a patient receiving in-home services from Endeavor.
The indictment cites Endeavor as being a home health agency, located at Route 2, Box 2141, Ellsinore, which is owned and operated by M.J. and K.K. It was incorporated in the State of Missouri in 2006.
According to the Missouri Secretary of State, the majority partners in the business are Melinda Joplin of Grandin, Mo., and Kellie Kearbey of Ellsinore.
A search warrant was executed in May 2011 on Endeavor, located on U.S. 60 near Route A, by the Office of Inspector General of the federal Department of Health and Human Services, the Missouri Medicaid Fraud Control Unit with the Attorney General's Office, the Missouri State Highway Patrol and the FBI.
Authorities reportedly seized numerous records and documents associated with the business.
Endeavor, the indictment says, provided in-home services, including nursing, personal care, homemaker and respite services to eligible elderly and disabled individuals. To be eligible, patients reportedly must need in-home services in order to remain in their homes and not be placed in an institution.
"At times relevant to this indictment, Richard and Steffanie Kearbey are listed on time sheets indicating that they provided services to Endeavor patients, including [Bender]," the indictment says.
Richard Kearbey is the husband of Kellie Kearbey 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 the felonies of possession of a stolen firearm and sale of a stolen firearm stemming from the Missouri State Highway Patrol's investigation into Adams' alleged wrongdoings.
She also is awaiting trial on the felonies of receiving stolen property, second-degree burglary and stealing and first-degree burglary in Carter County later this year.
Also listed on the time sheets is Danielle Adams, the former sheriff's ex-wife. The time sheets reportedly indicate she provided services to one or more Endeavor patients, including Bender.
The indictment alleges Endeavor submitted reimbursement claims to Medicaid for services purportedly provided by the company.
To receive that Medicaid reimbursement, the indictment says, Endeavor had to document all home care services.
During 2008 to 2011, according to the indictment, Bender did not need in-home services as he drove a car, ran errands for money, mowed lawns, did construction work and painted the interior and exterior of buildings while "purportedly needing in-home services to avoid placement in a nursing home."
It was part of the alleged "scheme and artifice to defraud" that Bender was "told to 'act dumb' when anyone attempted to assess his eligibility for in-home services. In accordance with the agreement, [Bender] pretended to be incapable of understanding or doing tasks that he was able to do."
As part of the alleged scheme to defraud, the indictment alleges in about 2010, Bender entered into an agreement to sign time sheets, "thereby falsely indicating that he had received in-home services.
"After Endeavor paid Tommy Adams, he would split the payment with [Bender]," according to the indictment.
From about May 2010 to April 2011, the indictment says, Medicaid paid Endeavor almost $15,000 for in-home services that were never provided to [Bender]."
In addition to the federal charge, Bender is charged with six felonies: four counts of second-degree arson and two counts of distribution of a controlled substance.
Bender is accused of burning multiple Ellsinore homes in 2010 and 2011, including the modular home of the former sheriff, and of distributing methamphetamine to a confidential informant and an undercover officer.
After being granted a change of venue to Butler County, Bender is to appear Tuesday before Presiding Circuit Judge Michael Pritchett for plea/trial setting in his case.
No date is set at this time for Bender, who remains in federal custody, to appear in federal court.
Pertinent address:
Ellsinore, MO
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