A Fraudulent Nursing Diploma Scheme Results in Federal Charges Against 25; DOH Rolls Out Enforcement Action Against Nursing Students

Posted on Firm News, Fraud Investigation, Health Care Law News, Professional Licensure Investigations, Uncategorized by Parker Eastin

The U.S. Attorney’s office for the Southern District of Florida has announced its pursuit of a fraudulent scheme whereby the administrators of three Florida nursing schools, along with employees at several nursing test prep academies in other states allegedly “created an illegal licensing and employment shortcut for aspiring nurses.” The scheme involved the selling of more than 7,600 fraudulent diplomas and transcripts to aspiring nurses, many of whom had prior experience working in healthcare as certified nursing assistants or other positions, according to Omar Pérez Aybar, special agent in charge for the Miami region of HHS’ Office of Inspector General. The aspiring nurses allegedly paid between $10,000 and $15,000 for fake nursing degrees and transcripts, which allowed them to qualify for the NCLEX exam. Approximately 37% of the individuals who purchased the fake documents passed the NCLEX exam and went on to gain licensure and secure employment at healthcare facilities all over the country.

Currently, 25 individuals face charges of wire fraud and wire fraud conspiracy for their alleged participation in the sale of the phony documents. If convicted, the defendants face up to 20 years in jail. The National Council of State Boards of Nursing and its state regulatory bodies have been working closely with state and federal authorities to identify and monitor individuals who allegedly purchased the fake nursing degrees.

Charges Related to Fraudulent Nursing Diplomas and Transcripts from Siena College.

U.S. v. Witherspoon, et al., case no.: 23-60005-Cr-Smith

U.S. v. Sanon, case no.: 23-60013-Cr-Moreno

The charging documents describe Siena College as a Broward County school licensed by the Florida Commission for Independent Education and the Florida Board of Nursing that offers a Practical Nursing Program and an RN to Bachelor of Science in Nursing Program. Eugene Sanon managed Siena College.

The indictment charges defendants Stanton Witherspoon of Burlington County N.J.; Alfred Sellu of Burlington County N.J.; and Rene Bernadel of Westchester County, N.Y. with conspiring to commit and committing wire fraud. The indictment alleges that Witherspoon, Sellu, and Bernadel solicited and recruited individuals who sought nursing credentials to gain employment as an RN or LPN/VN. It is alleged that these defendants arranged with Sanon, who managed Siena College and is charged by information with wire fraud conspiracy, to create and distribute false and fraudulent diplomas and transcripts. These fake documents represented that the aspiring RN and LPN/VN candidates had attended Siena College’s nursing program in Broward County and completed the necessary courses and clinicals to obtain RN or LPN/VN diplomas. In fact, the aspiring nurses never completed the necessary courses and clinicals.

The information against Sanon alleges that he and others sold thousands of fake Siena College nursing diplomas and educational transcripts to nursing applicants who used them to obtain RN or LPN/VN licenses in various states and nursing jobs with unwitting health care providers throughout the country.

Charges Related to Fraudulent Nursing Diplomas and Transcripts from Palm Beach School of Nursing.

U.S. v. Russ, et al., case no.: 23-60007-Cr-Singhal

According to the charging documents, Palm Beach School of Nursing’s objective was to prepare students to meet Florida’s licensing and nursing board requirements and become eligible to take the national licensing exam in order to work as registered nurses.

The indictment charges Gail Russ of Broward County; Cheryl Stanley of Collier County, Fla.; Krystal Lopez of Palm Beach County; Ricky Riley of Broward County; Norberto Lopez of Palm Beach County; Damian Lopez of Palm Beach County; Francois Legagneur of Nassau County, N.Y.; Reynoso Seide of Union County, N.J.; Cassandre Jean of Palm Beach County; Yelva Saint Preux of Suffolk County, N.Y.; Evangeline Naissant of Nassau County, N.Y.; Rony Michel of Monmouth County, N.J.; Vilaire Duroseau of Essex County, N.J.; and Yvrose Thermitus, a/k/a “Yvrose Thompson,” of Union County, N.J., with conspiring to commit, and committing, wire fraud. The indictment alleges that these defendants solicited and recruited individuals who sought nursing credentials to gain employment as an RN or LPN/VN.

It is alleged that these recruiter defendants then arranged with Palm Beach School of Nursing’s owner Johanah Napoleon and school employees Gail Russ, Cheryl Stanley, Krystal Lopez, and Ricky Riley to create and distribute false and fraudulent diplomas and transcripts representing that the aspiring RN and LPN/VN candidates had attended Palm Beach School of Nursing and completed the necessary courses and clinicals to obtain RN or LPN/VN diplomas. In fact, the aspiring nurses never completed the necessary courses and clinicals.

The nursing applicants used the fake diplomas and transcripts they purchased from the owner and employees of Palm Beach School of Nursing to obtain RN or LPN/VN licenses in various states and nursing jobs with unwitting health care providers throughout the country. Napoleon was previously charged by information and has pled guilty to conspiring to commit health care fraud and wire fraud, as well as wire fraud (case nos. 22-60111-Cr-Smith and 22-60118-Cr-Smith).

Charges Related to Fraudulent Nursing Diplomas and Transcripts from Sacred Heart International Institute

U.S. v. Jean, et al., case no.: 23-60010-Cr-Smith 

U.S. v. Etienne, case no.: 23-60012-Cr-Singhal

According to charging documents, Sacred Heart International Institute was a Broward County School licensed by the Florida Board of Nursing that offered a nursing program designed to prepare students for employment as practical nurses.

The indictment charges Ludnie Jean of Harris County, Texas; Serge Jean of Harris County, Texas; Simon Itaman of Harris County, Texas; Anna Itaman of Harris County, Texas; Rhomy Louis of Suffolk County, N.Y.; and Nadege Auguste of Broward County with conspiring to and committing wire fraud. It is alleged that these defendants solicited and recruited individuals who sought nursing credentials to gain employment as an LPN/VN. These recruiters then arranged with Charles Etienne, Sacred Heart’s owner, to create and distribute false and fraudulent transcripts and diplomas representing that the aspiring candidates had attended Sacred Heart and completed the necessary courses and clinicals to obtain LPN/VN diplomas. In fact, the aspiring nurses never completed the necessary courses and clinicals. Etienne is charged by information with conspiracy to commit wire fraud.

The nursing candidates used the fake diplomas and transcripts they purchased from Sacred Heart to obtain LPN/VN licenses in various states and nursing jobs with unwitting health care providers throughout the country.

If you are a nurse or a health care professional who attended one of these schools, it is crucial that you consult with legal counsel as soon as possible to discuss the implications this recent enforcement action may have on your career and/or your practice. Currently the Florida Department of Health is sending out letters to students who attended these programs, and it is crucial to consult with a knowledgeable attorney if your nursing license is potentially implicated.  Some clients are choosing to proactively reach out to the Department of Health and Board of Nursing to try to get ahead of the curve and protect their licenses.  The attorneys at Nicholson & Eastin, LLP are highly experienced in representing health care professionals against both the federal government and various state licensing authorities. Please give us a call today for a free consultation.