Spin-off of sheriff probe pleads to fraud conviction

An Ellsinore, Mo., man who was charged as part of an investigation into suspected illegal activities committed while Tommy Adams was Carter County sheriff pleaded guilty in federal court Tuesday to a health-care fraud scheme.

Gary "Goober" Wayne Bender pleaded guilty as charged to the one-count indictment, which was handed down in February 2013, before U.S. District Judge Stephen Limbaugh Jr., according to a U.S. District Court Clerk.

Bender, 48, admitted he executed or attempted a scheme to defraud Medicaid, according to the plea agreement filed with the U.S. District Court, Eastern District.

As part of the plea agreement, Bender admitted to the elements of the crime, which included his intent to defraud was done in connection with the payment of health care benefits or services.

Bender lived in an apartment next to the offices of Endeavor, a home health agency at Ellsinore, and was listed as a patient receiving in-home services from Endeavor.

The company reportedly is owned and operated by M.J. and K.K.

According to the Missouri Secretary of State, the majority partners in the Endeavor Home Care LLP were Melinda Joplin of Grandin, Mo., and Kellie Kearbey of Ellsinore.

The business, which had been incorporated in the State of Missouri in 2006, has since been removed from the Secretary of State's active records and inactivated for its failure to renew its application by Feb. 11.

On Jan. 28, a registration for a fictitious name was filed with the Secretary of State's office for a company now doing business under the name of Endeavor Home Care. It reportedly is owned by Endeavor Home Care LLP, with Joplin the signing partner.

Endeavor, the plea agreement 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 so they can remain in their homes and not be placed in an institution.

Richard and Steffanie Kearbey are 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 and the father of Steffanie Kearbey, a former Carter County deputy sheriff.

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

A Carter County jury also convicted the 26-year-old Ellsinore woman in November of the felony of receiving stolen property and sentenced her to one day in the county jail.

The plea agreement says Danielle Adams, the former sheriff's ex-wife, also is listed in the time sheets, which indicate she provided services to one or more Endeavor patients, including Bender.

Endeavor, the plea agreement says, submitted reimbursement claims to Medicaid for services purportedly provided by the company. To receive that Medicaid reimbursement, Endeavor reportedly had to document all home care services.

Endeavor reportedly used a time sheet, which had to be signed by the patient receiving the services as well as the home health aide providing the service. The aide also had to record the date and time service began and ended.

During 2008 to 2011, according to the plea agreement, 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."

Bender reportedly did not need in-home services as he drove a car, ran errands for money, mowed lawns, did construction work and painted buildings.

Bender, the agreement says, 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."

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)."

Time sheets reportedly were created, which indicated Bender received assistance with "dressing and grooming, bathing and personal hygiene, toileting and continence and mobility and transfer when none of these services were needed or provided."

From May 2010 to April 2011, the plea agreement says, Medicaid paid Endeavor almost $15,000 for in-home services never provided to Bender.

On Oct. 21, 2010, Bender submitted a reimbursement claim for in-home services purportedly provided him Oct. 4, 2010, when he "knew that he had not received the home health care services reflected in the reimbursement claim."

After accepting Bender's plea, Limbaugh set sentencing for June 9. Bender faces up to 10 years in prison and/or a fine of up to $250,000, followed by up to three years of supervised release.

In addition to his federal indictment, Bender also was charged in Carter County with felonies.

Having been granted a change of venue to Butler County in his cases, Bender pleaded guilty in June to four Class C felonies of second-degree arson and two Class B felonies of distribution of a controlled substance. As part of his plea, Bender admitted to 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.

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 when he is sentenced March 25 by Presiding Circuit Judge Michael Pritchett. The sentences are supposed to run concurrently.