1 |rracy 1. wrLKrson Attorney for the United states, Acting Under Authority Conferred by 28°[Link], § 515 COPY LAWRENCE 5. MIDDLETON Assistant United States Attorney 4 |\chief, Criminal Division UNDER SEAL JOSEPH '. MCNALLY (Cal, Bar No. 250289) 5 | ASHWIN JANAKIRAM (Cal. Bar No. 277513) SCOTT D, TENLEY (Cal. Bar No. 298911) 6 J assistant United states Attorneys United States Courthouse 7 411 West Fourth Street Santa Ana, California 92701 8 Telephone: (213) 894-2875 Facsimile: (714) 338-3561 9 Email: ashwin. janakiram@[Link] 10 attorneys for Plaintife UNITED STATES OF AMERICA qt UNITED STATES DISTRICT COURT , 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA 13 SOUTHERN DIVISION 14 15 | UNITED STATES OF AMERICA, CR No. 17-742(A)-JLS 16 Plaintiff, PLEA AGREEMENT FOR DEFENDANT GEORGE WILLIAM HAMMER 17 v. [UNDER SEAL] 18 || GkoRGE WILLIAM HAMMER, 19 Defendant . 2a 1. This constitutes the plea agreement between GEORGE WILLIAM 22 | HAMMER (“defendant”) and the United States Attorney’s Office for the 23 |[central District of California (the “USAO”) in the above-captioned 24 |case. This agreement is limited to the USAO and cannot bind any 25 other federal, state, local, or foreign prosecuting, enforcement, 26 |[administrative, or regulatory authorities, and is subject to the 27 approval of the Department of Justice Tax Division. 28oe 10 qt 12 13 14 15 16 cl) 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT’ $ OBLIGATIONS Defendant agrees to: a. Give up the right to indictment by a grand jury and, at the earliest opportunity requested by the USAO and provided by the Court, appear and plead guilty to a single-count first superseding information in the form attached to this agreement as Exhibit A or a substantially similar form, which charges defendant with Aiding and Assisting in the Preparation of a False Tax Return in violation of 26 U.S.C. § 7206(2). b. Not contest facts agreed to in this agreement. ¢. Abide by all agreements regarding sentencing contained in this agreement. d. Appear for all court appearances, surrender as ordered for service of sentence, obey all conditions of any bond, and obey any other ongoing court order in this matter. e. Not commit any crime; however, offenses that would be excluded for sentencing purposes under United States Sentencing Guidelines ("U.S.S.G.” or “Sentencing Guidelines”) § 4A1.2(c) are not within the scope of this agreement. f. Be truthful at all times with Pretrial Services, the United States Probation Office, and the Court. g. Pay the applicable special assessment at or before the time of sentencing unless defendant lacks the ability to pay and prior to sentencing submits a completed financial statement on a form to be provided by the USAO. h. Not seek the discharge of any restitution obligation, in whole or in part, in any present or future bankruptcy proceeding; and defendant understands that if the court orders the defendant to 210 ql 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 pay restitution to the IRS for tax losses, either directly or as a part of the sentence or as a condition of supervised release, the IRS has the statutory right (26 U.S.C. § 6201(a) (4)) to use such restitution order as the basis for a civil assessment and the defendant does not have the right to challenge such civil assessment or civil collection of such assessment by the IRS. i. Agree to a binding civil injunction pursuant to 26 U.S.C, S§ 7402 and 7407, if asked to do so by the Tax Division of the Department of Justice, barring him for life from aiding or assisting in the preparation of federal income tax returns for anyone other than himself and his legal spouse, and barring him from representing persons before the Internal Revenue Service. Defendant understands that the United States may file a civil complaint against him seeking this relief, and, if it does so, defendant agrees to consent to a permanent injunction. Defendant will publish the civil injunction to all his current clients. 3. If requested, defendant further agrees to cooperate with the Internal Revenue Service in the determination of Pacific Specialty Physician Management, Inc.'s ("PSPM’) tax liability for calendar years 2011 through 2013. To the extent defendant has any rights to assert objections on behalf of PSPM, defendant also agrees to give up any and all objections that could be asserted to the Examination Division of the Internal Revenue Service receiving materials or information obtained during the criminal investigation of this matter, including materials and information obtained through grand jury subpoenas. 4. Defendant further agrees: a. To the Court’s entry of an order of forfeiture, in the 310 1 12 13) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 amount of $500,000, at or before sentencing with respect to these assets and to the forfeiture of the assets. Defendant agrees to pay the personal money judgment of forfeiture, at least in part, as follows: (i) within thirty (30) days of defendant's execution of this plea agreement, defendant shall pay $125,000.00 by, at the United States of America’s sole option (1) delivering to the USAO a cashier's check payable in that amount to the government entity identified in writing by the USAO; or (2) wire transferring the funds to an account designated in writing by the USAO; and (ii) at least thirty (30) days before defendant’ s sentencing, defendant shall pay $125,000.00 by, at the United States of America’s sole option (1) delivering to the USAO a cashier's check payable in that amount to the government entity identified in writing by the USAQ; or (2) wire transferring the funds to an account designated in writing by the USAO. 5. Defendant further agrees to cooperate fully with the USAO, the Federal Bureau of Investigation, the United States Postal Service - Office of Inspector General, the Internal Revenue Service, and, as directed by the USAO, any other federal, state, local, or foreign prosecuting, enforcement, administrative, or regulatory authority. This cooperation requires defendant to: a. Respond truthfully and completely to all questions that may be put to defendant, whether in interviews, before a grand jury, or at any trial or other court proceeding. b. Attend all meetings, grand jury sessions, trials or other proceedings at which defendant's presence is requested by the USAO or compelled by subpoena or court order. 410 qt 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ¢. Produce voluntarily all documents, records, or other tangible evidence relating to matters about which the USAO, or its designee, inquires. 6. For purposes of this agreement: (1) “Cooperation Information” shall mean any statements made, or documents, records, tangible evidence, or other information provided, by defendant pursuant to defendant’s cooperation under this agreement; and (2) “Plea Information” shall mean any statements made by defendant, under oath, at the guilty plea hearing and the agreed to factual basis statement in this agreement. THE USAO’S OBLIGATIONS The USAO agrees to: Not contest facts agreed to in this agreement. b. Abide by all agreements regarding sentencing contained in this agreement. At the time of sentencing, provided that defendant demonstrates an acceptance of responsibility for the offense up to and including the time of sentencing, recommend a two-level reduction in the applicable Sentencing Guidelines offense level, pursuant to U.S.8.G. § 3E1.1, and recommend and, if necessary, move for an additional one-level reduction if available under that section. d. Not further criminally prosecute defendant for defendant's conduct described in the agreed-to factual basis set forth in paragraph 16 below. Defendant understands that the USAO is free to criminally prosecute defendant for any other unlawful past conduct or any unlawful conduct that occurs after the date of this agreement. Defendant agrees that at the time of sentencing the Court may consider the uncharged tax conduct in determining the applicable 510 ql 12 13 14 15 16 47 18 19 20 21 22 23 24 25 26 27 28 Sentencing Guidelines range, the propriety and extent of any departure from that range, and the sentence to be imposed after consideration of the Sentencing Guidelines and all other relevant factors under 18 U.S.C. § 3553(a). 8. The USAO further agrees: a. Not to offer as evidence in its case-in-chief in the above-captioned case or any other criminal prosecution that may be brought against defendant by the USAO, or in connection with any sentencing proceeding in any criminal case that may be brought against defendant by the USAO, any Cooperation Information. Defendant agrees, however, that the USAO may use both Cooperation Information and Plea Information: (1) to obtain and pursue leads to other evidence, which evidence may be used for any purpose, including any criminal prosecution of defendant; (2) to cross-examine defendant should defendant testify, or to rebut any evidence offered, or argument or representation made, by defendant, defendant's counsel, or a witness called by defendant in any trial, sentencing hearing, or other court proceeding; and (3) in any criminal prosecution of defendant for false statement, obstruction of justice, or perjury. b. Not to use Cooperation’ Information against defendant at sentencing for the purpose of determining the applicable guideline range, including the appropriateness of an upward departure, or the sentence to be imposed, and to recommend to the Court that Cooperation Information not be used in determining the applicable guideline range or the sentence to be imposed. Defendant understands, however, that Cooperation Information will be disclosed to the probation office and the Court, and that the Court may useCooperation Information for the purposes set forth in U.S.S.G. § 1B1.8(b) and for determining the sentence to be imposed. c. In connection with defendant’s sentencing, to bring to 4 |[ehe court’s attention the nature and extent of defendant's 5 || cooperation. 6 d. I€ the USAO determines, in its exclusive judgment, 7 |[that defendant has both complied with defendant’s obligations under @ paragraphs 2 through 4 above and provided substantial assistance to 9 |] 1aw enforcement in the prosecution or investigation of another 10 |] (“substantial assistance”), to move the Court pursuant to U.S.S.G. 11 |/S 5K1.1 to fix an offense level and corresponding guideline range 12 [below that otherwise dictated by the sentencing guidelines, and to 13 || recommend a term of imprisonment within this reduced range. 14 DEFENDANT’ S UNDERSTANDINGS REGARDING COOPERATION 1s Defendant understands the following: 16 Any knowingly false or misleading statement by 17 |[defendant will subject defendant to prosecution for false statement, 18 | obstruction of justice, and perjury and will constitute a breach by 19 ||defendant of this agreement. 20 b. Nothing in this agreement requires the USAO or any 21 | other prosecuting, enforcement, administrative, or regulatory 22 | authority to accept any cooperation or assistance that defendant may 23 |loffer, or to use it in any particular way. 24 Defendant cannot withdraw defendant’s guilty plea if 25 || the USAO does not make a motion pursuant to U.S.S.G. § 5K1.1 for a 26 || reduced guideline range or if the USAO makes such a motion and the 27 court does not grant it or if the Court grants such a USAO motion but 28 elects to sentence above the reduced range. 'qt. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. At this time the USAO makes no agreement or representation as to whether any cooperation that defendant has provided or intends to provide constitutes or will constitute substantial assistance. The decision whether defendant has provided substantial assistance will rest solely within the exclusive judgment of the USAO. e. The USAO’s determination whether defendant has provided substantial assistance will not depend in any way on whether the government prevails at any trial or court hearing in which defendant testifies or in which the government otherwise presents information resulting from defendant’s cooperation. NATURE OF THE OFFENSE 10. Defendant understands that for defendant to be guilty of the crime charged in count three of the First Superseding Information, that is, Aiding and Assisting in the Preparation of a False Tax Return, in violation of Title 26, United States Code, Section 7206(2), the following must be true: (1) defendant aided or assisted in, or procured, counseled, or advised the preparation and presentation of PSPM’s 2012 U.S Corporate Income Tax Return, Form 1120, filed with the IRS; (2) the 2012 federal income tax return was false as to a material matter necessary to determination of whether income tax was owed; and (3) defendant acted willfully, that is, for purposes of this offense, voluntarily, with knowledge that federal tax law imposed a duty on him in relation to his aiding and assisting in the preparation and presentation of PSPM’s 2012 U.S. Corporation Income Tax Return, Form 1120, and with the intent to violate that known duty.at 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 PENALTIES AND RESTITUTION 11, Defendant understands that the statutory maximum sentence that the Court can impose for violating Title 26, United States Code, Section 7206(2), is: 3 years of imprisonment; a one-year period of supervised release; a fine of $250,000; and a mandatory special assessment of $100. 12. Defendant understands and agrees that the Court: (a) may order defendant to pay restitution in the form of any additional taxes, interest, and penalties that defendant owes to the United States based upon the count of conviction and any relevant tax conduct, and (b) must order defendant to pay the costs of prosecution, which may be in addition to the statutory maximum fine stated above. 13. Defendant understands that supervised release is a period of time following imprisonment during which defendant will be subject to various restrictions and requirements. Defendant understands that if defendant violates one or more of the conditions of any supervised release imposed, defendant may be returned to prison for all or part of the term of supervised release authorized by statute for the offense that resulted in the term of supervised release, which could result in defendant serving a total term of imprisonment greater than the statutory maximum stated above. 14, Defendant understands that, by pleading guilty, defendant may be giving up valuable government benefits and valuable civic rights, such as the right to vote, the right to possess a firearm, the right to hold office, and the right to serve on a jury. Defendant understands that once the court accepts defendant’s guilty plea, it will be a federal felony for defendant to possess a firearm 9a oe wD 10 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 28 or ammunition, Defendant understands that the conviction in this case may also subject defendant to various other collateral consequences, including but not limited to revocation of probation, parole, or supervised release in another case and suspension or revocation of a professional license. Defendant understands that unanticipated collateral consequences will not serve as grounds to withdraw defendant's guilty plea. 15. Defendant understands that, if defendant is not a United States citizen, the felony conviction in this case may subject defendant to: removal, also known as deportation, which may, under some circumstances, be mandatory; denial of citizenship; and denial of admission to the United States in the future. The court cannot, and defendant’s attorney also may not be able to, advise defendant fully regarding the immigration consequences of the felony conviction in this case. Defendant understands that unexpected immigration consequences will not serve as grounds to withdraw defendant's guilty plea. FACTUAL BASIS 16. Defendant admits that defendant is, in fact, guilty of the offense to which defendant is agreeing to plead guilty. Defendant and the USAO agree to the statement of facts provided below and agree that this statement of facts is sufficient to support a plea of guilty to the charge described in this agreement and to establish the Sentencing Guidelines factors set forth in paragraph 18 below but is not meant to be a complete recitation of all facts relevant to the underlying criminal conduct or all facts known to either party that relate to that conduct. 1013 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 A. Relevant Entities and Individuals Healthsmart Pacific Inc., doing business as Pacific Hospital of Long Beach (“Pacific Hospital” or “PHLB”), was a hospital located in Long Beach, California, specializing in surgeries, particularly spinal and orthopedic surgeries, From in or around 1997 to in or around June 2004, Pacific Hospital was owned by majority shareholder Michael D. Drobot ("Drobot”) On or about September 27, 2005, unindicted co-conspirator (“ucc”) A effectively became the sole shareholder of Pacific Hospital through his ownership and control of the “[UCC-A] Family Trust,” which, in turn, owned Abrazos Healthcare, Inc. (“Abrazos”), a privately held corporation formed and incorporated in February 2005 for the purpose of purchasing shares of Pacific Hospital from Drobot. On or about June 26, 2006, UCC-A provided Daniel Capen (“Capen”), an orthopedic surgeon, with 10% of the common stock of Abrazos, which effectively gave defendant a 10% ownership interest in Pacific Hospital. On or about October 12, 2010, Drobot, through an affiliated entity, purchased UCC-A’s shares of Abrazos, which effectively provided Drobot a 90% ownership interest in Pacific Hospital, while Capen continued to maintain his 10% ownership interest in the hospital. California Pharmacy Management LLC (“CPM”) was a limited liability company, headquartered in Newport Beach, California, that operated and managed a pharmaceutical dispensing program in medical clinics for physicians. Drobot and Michael R. Drobot Jr. (*Drobot Jr.") owned and/or operated CPM. william Hammer (“Hammer”) also had an ownership interest in CPM at various times prior to 2010. aLa Industrial Pharmacy Management LLC (“IPM”) was a Limited liability company, headquartered in Newport Beach, California. 1PM operated and managed a pharmaceutical dispensing program in medical clinics for physicians through the use of pharmaceutical management agreements and claims purchase agreements. Drobot principally owned and controlled IPM until approximately 2010, when Drobot Jr. assumed ownership and control of IPM. International Implants LLC (“12”) was a limited liability wea ao een company, headquartered in Newport Beach, California, that purchased 10 || implantable medical hardware for use in spinal surgeries from 11 |joriginal manufacturers and sold them to hospitals, particularly 12 ||Pacific Hospital, starting around July 2008. 12 was effectively 13 |jowned and/or controlled by Drobot. 14 Pacific Specialty Physician Management, Inc. (“PSPM”) was a 15 || corporation headquartered in Newport Beach, California, that provided 16 | administrative and management services for physicians’ offices. 17 || Defendant owned and/or operated PSPM with other co-conspirators from 18 || approximately 1998 to 2010 and subsequently performed various tax and 19 accounting functions for PHLB, PSPM, CPM, IPM, and 12 (collectively, 20 || “pacific Hospital and Affiliated Entities”) through at least 21 || September 2013 to facilitate the kickback relationships described 22 ||below. 23 B. Kickback Arrangements for Surgery and Ancillary Referrals 24 Beginning in or around 1998 and continuing through at least 25 |/March 2013, defendant, along with Drobot, UCC-A, Drobot Jr., James 26 | canedo (“canedo”), Capen, and others, agreed to participate and did, 27 |/in fact, participate in an illegal arrangement featuring the payment 28 |and receipts of kickbacks in exchange for referring and performing 12a Oe wD 10 qa 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 surgeries and other patient-related services at Pacific Hospital and Affiliated Entities. To facilitate the payment of kickbacks, Drobot and UCC-A caused PSPM and other Pacific Hospital and Affiliated Entities to enter into agreements with physicians (“Kickback Induced Surgeons”), and others (“Pacific Kickback Recipients”) that were used to pay kickbacks in exchange for the referral of spinal surgeries, other types of surgeries, magnetic resonance imaging (“MRI”), toxicology (“UDT”)}, durable medical equipment, and other services (collectively, “Kickback Tainted Surgeries and Services”) to be performed at Pacific Hospital and Affiliated Entities. In many cases, the agreements would be reduced to written contracts, including, among others, collection agreements, option agreements, research and development agreements, lease and rental agreements, consulting agreements, marketing agreements, management agreements, and pharmacy agreements. The written agreements would not specify that one purpose for the agreements would be to induce Pacific Kickback Recipients to refer Kickback Tainted Surgeries and Services to Pacific Hospital and Affiliated Entities; indeed, some of the agreements would specifically state that referrals were not contemplated or a basis for the agreement. Additionally, the value or consideration discussed as part of these arrangements would, in fact, generally not be provided or desired; rather, the compensation would be paid, entirely or in part, depending on the arrangement, to cause Pacific Kickback Recipients to refer Kickback Tainted Surgeries and Services to Pacific Hospital and Affiliated Entities. Relatedly, the written contracts would generally allow for remuneration to Pacific Kickback Recipients far in excess of any reasonable fair 1310 at 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 market value assessment of legitimate services or things of value purportedly contracted for -- to the extent calculated without regard to the value of the Kickback Tainted Surgeries and Services. For example, under the PSPM management agreement, starting in or about 1997 and continuing until at least March 2013, PSPM facilitated the payment of kickbacks to Capen by subsidizing medical practice costs that would have otherwise been passed on to, and reduced the profits of, Capen and his medical practice ("Downey Ortho”). More specifically, Capen and other physicians at Downey Ortho entered into an agreement with PSPM to provide management and administration of day-to-day business operations, including equipment and furnishings, billing and collection services, rent, administrative staff salaries, and other miscellaneous expenses. In exchange for these management and administrative services, PSPM was entitled to a percentage of Downey Ortho’s monthly collections from patient billings, and, in turn, an allocated share of the monthly collections for Capen and other co-conspirators practicing at Downey Ortho. According to the terms of the management agreement between PSPM and Downey Ortho, PSPM’s management fee, which was calculated as a specified percentage of Downey Ortho’s monthly collections, was purportedly: (1) “projected to be sufficient to enable PSPM to recover all of the operating expenses of PSPM [and] generate a reasonable return on investment [;]” and (2) calculated “without taking into account . . . the volume or value of any referrals of business from . . . [Downey Ortho] to PSPM (or its affiliates) [.]” The PSPM management agreement further provided: No amount paid hereunder is intended to be, nor shall it be construed to be, an inducement or payment for the referral 1410 cre 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of, or recommending referral of, patients by [Downey Ortho] to PSPM (or its affiliates) [ In addition, the management. fee charged hereunder does not include any discount, rebate, kickback, or other reduction in charge, and the management fee charged hereunder is not intended to be, nor shall it be construed to be, an inducement or payment for referral, or recommendation of referral, of patients by [Downey Ortho} [to] PSPM (or its affiliates) [.] In reality, however, as defendant and his co-conspirators well knew, PSPM’s management fee was understood to be “upside down,” such that the percentage of monthly collections Capen and other Downey Ortho physicians paid to PSPM would cover only a fraction of PSPM's expenses associated with the management of Downey Ortho. Defendant, Drobot, UCC-A, Capen, and other co-conspirators understood that PSPM’s percentage of the monthly collections would not be enough to pay the monthly operating expenses and other costs associated with managing Downey Ortho, and that the recurring PSPM deficit would allow Capen and other Downey Ortho physicians to retain a larger share of monthly collections. Defendant also facilitated the use of sham option contracts as a vehicle to pay Kickback Induced Surgeons for surgery and ancillary service referrals. PSPM and Kickback Induced Surgeons would enter into such agreements providing monthly payments to Kickback Induced Surgeons purportedly towards the ultimate purchase of the physician’ s medical practice. In reality, however, PSPM and the Kickback Induced Surgeons would not desire or expect to consummate any ultimate sale transaction. Rather, payments under the guise of the option contracts, which would often vary from month to month, were made 1510 qt 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 exclusively to “reward” or induce physicians to refer patients and ancillary services to Pacific Hospital and Affiliated Entities. Indeed, PSPM never exercised an “option” to purchase the medical practice of any Kickback Induced Surgeon, and option contracts were often preceded or followed with other kickback arrangements. Defendant and his co-conspirators understood that PSPM was willing to absorb these losses from kickback and bribe payments because Pacific Kickback Recipients would refer Kickback Tainted Surgeries and Services to Pacific Hospital and Affiliated Entities. Further, Drobot, defendant, and other co-conspirators instructed Capen and other managed physicians that they needed to use specific vendors, such as a DME company, for the financial benefit of PSEM. Relatedly, starting in mid-2008, PSPM instructed Kickback Tnduced Surgeons to use 12 hardware in surgeries at Pacific Hospital. The profits from 12 financed the PSPM kickbacks and subsidized PSPM’s losses. Defendant understood that: (1) “PSPM [was] only in existence for (Pacific Hospital’s]” benefit; (2) Pacific Hospital was closely affiliated with PSPM; and (3) based on the value of Kickback Tainted Surgeries and Services that Pacific Kickback Recipients referred to Pacific Hospital and Affiliated Entities, Pacific Hospital and Affiliated Entities would make regular payments to PSPM to subsidize the losses associated with PSPM’s payment of kickback and bribes to Pacific Kickback Recipients. Had Pacific Kickback Recipients stopped referring and performing surgeries at Pacific Hospital, defendant, who tracked referrals, knew that their arrangements with PSPM would be reduced or terminated. 16onc 10 chy 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 Defendant and his co-conspirators knew that the payment of bribes and kickbacks for the referral of patients for medical services was illegal. Moreover, the payment of kickbacks for the referral of Kickback Tainted Surgeries and Services was material to health care benefit programs and patients. The use of interstate wires and mailings to execute essential parts of the scheme was foreseeable to defendant. Moreover, interstate wires and mailings were used to execute essential parts of the scheme. C. — PSPM’'s 2011-2013 Corporate Income Tax Returns Defendant and his co-conspirators, through PSPM, paid illegal kickbacks and bribes, as described above, to Pacific Kickback Recipients. Knowing that the kickback and bribe payments were illegal, defendant and others caused the payments to be disguised in PSPM’s books and records. Specific to the sham option contracts, defendant caused PSPM to deduct the “termination of option fees” as “other deductions,” and as such, took a corresponding deduction on PSPM’s corporate income tax returns, Forms 1120, for the tax years 2011, 2012, and 2013, respectively. Defendant is a tax preparer who prepared tax returns for several individuals and corporations, including those affiliated with Drobot, Drobot Jr., and Capen. Defendant acted willfully because in that he intentionally caused PSPM to claim deductions that he knew it was not entitled. Specifically, with respect to PSPM, defendant and his conspirators knew that PSPM was not entitled to deduct these illegal kickback and bribe payments, yet defendant willfully caused PSPM to take deductions of $2,946,900, $1,355,000, and $2,802,500 in the 2011, 2012, and 2013 tax years, respectively, representing illegal kickback and bribe payments made under the guise of options 1710 ql 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 contracts, by preparing the corporate tax returns and signing the tax returns as the “preparer.” The aforementioned fraudulent deductions account for additional tax due and owing from PSPM to the IRS of approximately $1,058,184, $564,213, and $502,365, for the respective tax years 2011, 2012, and 2013. Accordingly, the total additional tax due and owing to the IRS from PSPM is currently estimated to be $2,124, 762. SENTENCING FACTORS 17, Defendant understands that in determining defendant’ s sentence the Court is required to calculate the applicable Sentencing Guidelines range and to consider that range, possible departures under the Sentencing Guidelines, and the other sentencing factors set forth in 18 U.S.C, § 3553(a). Defendant understands that the Sentencing Guidelines are advisory only, that defendant cannot have any expectation of receiving a sentence within the calculated Sentencing Guidelines range, and that after considering the Sentencing Guidelines and the other § 3553(a) factors, the Court will be free to exercise its discretion to impose any sentence it finds appropriate up to the maximum set by statute for the crime of conviction. 18. Defendant and the USAO agree to the following applicable Sentencing Guidelines factors: Ww We wy Base Offense Level: 22 ([Link]. § 274.1(T)} Specific Offense Characteristics [U.8.8.G. § 271.4 (b) (1) (B)] 1810 coy 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Business of preparing tax [U.8.5.G, § 2T1.1(b) (1)] returns +2 Income from criminal activity +2 Sophisticated means +2 ([Link], § 291. 4(b) (21 Adjustment: Acceptance of Responsibility 3 [U.8.8.6. § 3E1.1] The USAO will agree to a two-level downward adjustment for acceptance of responsibility (and, if applicable, move for an additional one- level downward adjustment under U.S.S.G. § 3E1.1(b)) only if the conditions set forth in paragraph 7(c) are met. Subject to paragraph 8 above and paragraph 30 below, defendant and the USAO agree not to seek, argue, or suggest in any way, either orally or in writing, that any other specific offense characteristics, adjustments, or departures relating to the offense level be imposed. Defendant agrees, however, that if after signing this agreement but prior to sentencing, defendant were to commit an act, or the USAO were to discover a previously undiscovered act committed by defendant prior to signing this agreement, which act, in the judgment of the USAO, constituted obstruction of justice within the meaning of U.S.S.G. § 3C1.1, the USAO would be free to seek the enhancement set forth in that section. 19. Defendant understands that there is no agreement as to defendant's criminal history or criminal history category. 20. Defendant and the USAO reserve the right to argue for a sentence outside the sentencing range established by the Sentencing Guidelines based on the factors set forth in 18 U.S.C. § 3553(a) (1), (a) (2), (a) (3), (a) (6), and (a) (7). 1910 1 12 13 14 16 a7 18 19 20 21 22 23 24 25 26 27 28 WAIVER OF CONSTITUTIONAL RIGHTS 21. Defendant understands that by pleading guilty, defendant gives up the following rights: a. The right to persist in a plea of not guilty. b. The right to a speedy and public trial by jury. ©. The right to be represented by counsel - and if necessary have the court appoint counsel - at trial. Defendant understands, however, that, defendant retains the right to be represented by counsel - and if necessary have the court appoint counsel - at every other stage of the proceeding. d. The right to be presumed innocent and to have the burden of proof placed on the government to prove defendant guilty beyond a reasonable doubt. e. The right to confront and cross-examine witnesses against defendant. f. The right to testify and to present evidence in opposition to the charges, including the right to compel the attendance of witnesses to testify. g. The right not to be compelled to testify, and, if defendant chose not to testify or present evidence, to have that choice not be used against defendant. h, Any and all rights to pursue any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and other pretrial motions that have been filed or could be filed. WAIVER OF APPEAL OF CONVICTION 22. Defendant understands that, with the exception of an appeal based on a claim that defendant's guilty plea was involuntary, by pleading guilty defendant is waiving and giving up any right to 20aos wn 10 4 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 appeal defendant's conviction on the offense to which defendant is pleading guilty. LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE 23, Defendant agrees that, provided the Court imposes a total term of imprisonment on the count of conviction of no more than the statutory maximum, defendant gives up the right to appeal all of the following: (a) the procedures and calculations used to determine and impose any portion of the sentence; (b) the term of imprisonment imposed by the Court; (c) the fine imposed by the court, provided it is within the statutory maximum; (d) the amount and terms of any restitution order; (e) the term of probation or supervised release imposed by the Court, provided it is within the statutory maximum; and (f) any of the following conditions of probation or supervised release imposed by the Court: the conditions set forth in General Orders 318, 01-05, and/or 05-02 of this Court; the drug testing conditions mandated by 18 U.S.C. $§ 3563(a) (5) and 3583(d); and the alcohol and drug use conditions authorized by 18 U.S.C. § 3563(b) (7). 24, ‘The USAO agrees that, provided all portions of the sentence are at or below the statutory maximum specified above, the USAO gives up its right to appeal any portion of the sentence, with the exception that the USAO reserves the right to appeal the amount of restitution ordered. RESULT OF WITHDRAWAL OF GUILTY PLEA 25. Defendant agrees that if, after entering a guilty plea pursuant to this agreement, defendant seeks to withdraw and succeeds in withdrawing defendant’s guilty plea on any basis other than a claim and finding that entry into this plea agreement was involuntary, then (a) the USAO will be relieved of all of its a110 qt 12 13 14 15 16 17 18 19 20 ai 23 24 25 26 27 28 obligations under this agreement, including in particular its obligations regarding the use of Cooperation Information; (b) in any investigation, criminal prosecution, or civil, administrative, or regulatory action, defendant agrees that any Cooperation Information and any evidence derived from any Cooperation Information shall be admissible against defendant, and defendant will not assert, and hereby waives and gives up, any claim under the United States Constitution, any statute, or any federal rule, that any Cooperation Information or any evidence derived from any Cooperation Information should be suppressed or is inadmissible; and (c) should the USAO choose to pursue any charge or any civil, administrative, or regulatory action that was either dismissed or not filed as a result of this agreement, then (i) any applicable statute of limitations will be tolled between the date of defendant's signing of this agreement and the filing commencing any such action; and (ii) defendant waives and gives up all defenses based on the statute of limitations, any claim of pre-indictment delay, or any speedy trial claim with respect to any such action, except to the extent that such defenses existed as of the date of defendant’s signing this agreement. EFFECTIVE DATE OF AGREEMENT 26. This agreement is effective upon signature and execution of all required certifications by defendant, defendant's counsel, and an Assistant United States Attorney. BREACH OF AGREEMENT 27. Defendant agrees that if defendant, at any time after the signature of this agreement and execution of all required certifications by defendant, defendant’s counsel, and an Assistant 2210 4 12 13 14 15 16 qT 18 19 20 a1 22 23 24 25 26 27 28 United States Attorney, knowingly violates or fails to perform any of defendant's obligations under this agreement (“a breach”), the USAO may declare this agreement breached. For example, if defendant knowingly, in an interview, before a grand jury, or at trial, falsely accuses another person of criminal conduct or falsely minimizes defendant’s own role, or the role of another, in criminal conduct, defendant will have breached this agreement. All of defendant's obligations are material, a'single breach of this agreement is sufficient for the USAO to declare a breach, and defendant shall not be deemed to have cured a breach without the express agreement of the USAO in writing. If the USAO declares this agreement breached, and the Court finds such a breach to have occurred, then: a. Tf defendant has previously entered a guilty plea pursuant to this agreement, defendant will not be able to withdraw the guilty plea. b. The USAO will be relieved of all its obligations under this agreement; in particular, the USAO: (i) will no longer be bound by any agreements concerning sentencing and will be free to seek any sentence up to the statutory maximum for the crime to which defendant has pleaded guilty; (ii) will no longer be bound by any agreements regarding criminal prosecution, and will be free to criminally prosecute defendant for any crime, including charges that the USAO would otherwise have been obligated to dismiss or not to criminally prosecute pursuant to this agreement; and (iii) will no longer be bound by any agreement regarding the use of Cooperation Information and will be free to use any Cooperation Information in any way in any investigation, criminal prosecution, or civil, administrative, or regulatory action. 2310 coy 12 13 14 15 16 a7 18 19 20 a1 22 23 24 25 26 27 28 c. The USAO will be free to criminally prosecute defendant for false statement, obstruction of justice, and perjury based on any knowingly false or misleading statement by defendant. d. In any investigation, criminal prosecution, or civil, administrative, or regulatory action: (i) defendant will not assert, and hereby waives and gives up, any claim that any Cooperation Information was obtained in violation of the Fifth Amendment privilege against compelled self-incrimination; and (ii) defendant agrees that any Cooperation Information and any Plea Information, as well as any evidence derived from any Cooperation Information or any Plea Information, shall be admissible against defendant, and defendant will not assert, and hereby waives and gives up, any claim under the United States Constitution, any statute, Rule 410 of the Federal Rules of Evidence, Rule 11(f) of the Federal Rules of Criminal Procedure, or any other federal rule, that any Cooperation Information, any Plea Information, or any evidence derived from any Cooperation Information or any Plea Information should be suppressed or is inadmissible. 28. Following the Court's finding of a knowing breach of this agreement by defendant, should the USAO choose to pursue any charge or any civil, administrative, or regulatory action that was either dismissed or not filed as a result of this agreement, then: a. Defendant agrees that any applicable statute of limitations is tolled between the date of defendant’s signing of this agreement and the filing commencing any such action. b. Defendant waives and gives up all defenses based on the statute of limitations, any claim of pre-indictment delay, or any speedy trial claim with respect to any such action, except to the 2410 qn 12 13 14 15 16 aq 18 19 20 21 22 23 24 25 26 27 28 extent that such defenses existed as of the date of defendant's signing this agreement. COURT AND PROBATION OFFICE NOT PARTIES 29. Defendant understands that the Court and the United States Probation Office are not parties to this agreement and need not accept any of the USAO’s sentencing recommendations or the parties’ agreements to facts or sentencing factors. 30. Defendant understands that both defendant and the USAO are free to: (a) supplement the facts by supplying relevant information to the United States Probation Office and the Court, (b) correct any and all factual misstatements relating to the Court’s Sentencing Guidelines calculations and determination of sentence, and (c) argue on appeal and collateral review that the Court’s Sentencing Guidelines calculations and the sentence it chooses to impose are not error, although each party agrees to maintain its view that the calculations in paragraph 18 are consistent with the facts of this case. While this paragraph permits both the USAO and defendant to submit full and complete factual information to the United States Probation Office and the Court, even if that factual information may be viewed as inconsistent with the facts agreed to in this agreement, this paragraph does not affect defendant's and the USAO’s obligations not to contest the facts agreed to in this agreement. 31. Defendant understands that even if the Court ignores any sentencing recommendation, finds facts or reaches conclusions different from those agreed to, and/or imposes any sentence up to the maximum established by statute, defendant cannot, for that reason, withdraw defendant's guilty plea, and defendant will remain bound to fulfill all defendant’s obligations under this agreement. Defendant 2510 a 12 13 14 15 16 v7 18 19 20 21 22 23 24 25 26 20 28 understands that no one -~ not the prosecutor, defendant’s attorney, or the Court -- can make a binding prediction or promise regarding the sentence defendant will receive, except that it will be within the statutory maximum. NO ADDITIONAL AGREEMENTS 32. Defendant understands that, except as set forth herein, there are no promises, understandings, or agreements between the USAO and defendant or defendant's attorney, and that no additional promise, understanding, or agreement may be entered into unless in a writing signed by all parties or on the record in court. Ww wy “i 2612 13 ua 15 16 47 18 19 20 a1 22, 23 24 28 26 27 28 PLEA AGREEMENT PAR? OF 1 33, The parties agree that this agreement will be considered part of the record of defendant’s guilty plea hearing as if the entixe agreement had been read into the record of the proceeding. AGREED AND ACCEPTED UNITED STATES ATTORNEY’S OFFICE BOR THE CENTRAL, DISTRICT OF CALIFORNIA TRACY L. WILKISON Attorney for the United States, Acting Under Authority Conferred by 28U.8.c. § 515 ALC it. 6 hile “ASHWAN | TANARTRAN Dati Assisbant United States Attorney Ann © Wd prerne/ B-3-2016 GEORGE WILLIAM HAMMER : Defendant A oR. Attorney Sef Defendant GEORGE-WELLIAM BALMER 27x CERTIFICATION OF DEFENDANT 2 T have read this agreement in its entirety. I have had enough 3 [time to review and consider this agreement, and I have carefully and 4 [thoroughly discussed every part of it with my attorney. I understand 5 || the terms of this agreement, and I voluntarily agree to those terms. 6 I have discussed the evidence with my attorney, and my attorney has 7 Jadvised me of my rights, of possible pretrial motions that might be 8 |/#iled, of possible defenses that might be asserted either prior to or 9 at trial, of the sentencing factors set forth in 18 U.9.C, § 3653 (a), 10 JJof relevant Sentencing Guidelines provisions, and of the consequences 11 fof entering into this agreement. No promises, inducements, or 12 || representations of any kind have been made to me other than those 13 contained in this agreement. No one has threatened or forced ne in 14 |lany way to enter into this agreement. I am satisfied with the 15 | representation of my attorney in this matter, and I am pleading 16 |jguilty because Tam guilty of the charge and wish to take advantage 17 fof the promises set forth in this agreement, and not for any other 18 | reason. 19 20 clement £-3-2ol8 GEORGE WILLAAN HAMMER Date Defendant an 22 23 24 25 26 ar 28 28ww 12 13 14 15 16 uy 18 19 20 a1 22 23 24 25 26 27 28 CERTIFICATION OF DEFENDANT’ S ATTORNEY I am GEORGE WILLIAM HAMMER’s attorney. I have carefully and thoroughly discussed every part of this agreement with my client. Further, I have fully advised my client of his rights, of possible pretrial motions that might be filed, of possible defenses that might be asserted either prior to or at trial, of the sentencing factors set forth in 18 U.S.C. § 3953(a), of relevant Sentencing Guidelines provisions, and of the consequences of entering into this agreement. To my knowledge: no promises, inducements, or representations of any kind have been made to my client other than those contained in this agreement; no one has threatened or forced my client in any way to enter into this agreement; my client's decision to enter into this agreement is an informed and voluntary one; and the factual basis set forth in this agreement is sufficient to support my client's entry of a guilty plea pursuant to this agreement. ES she THOMAS H. BISNERT, JR. Date Attorney {dF Defen GEORGE WELT 2910 1 12 13 14 16 17 18 19 20 a1 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, CR No. 17-742(A)-JLS Plaintifé, ve GEORGE WILLIAM HAMMER, [26 U.S.C. § 7206(2): Aiding and Assisting in the Preparation of a Defendant. False Tax Return] The United States Attorney charge: [26 U.S.C. § 7206(2)1 On or about September 18, 2013, in Los Angeles County, within the Central District of California, and elsewhere, defendant GEORGE WILLIAM HAMMER (“defendant HAMMER”), and others, knowingly and willfully caused and aided and assisted in, and procured, counseled, and advised the preparation and presentation under, and in connection with a matter arising under, the internal revenue laws, to the Internal Revenue Service, of a United States Tncome Tax Return for a Corporation, Form 1120, for Pacific Specialty Physician Management, Inc., for the 2012 tax year, which was false and fraudulent as to a material matter, in that, as defendant HAMMER then knew, the return EXHIBIT18 19 20 21 22 23 24 25 26 27 28 falsely overstated ‘other deductions” (line 26). Specifically, as defendant HAMMER and others then knew, PSPM’s 2012 corporate tax return claimed the “termination of option fees" as an “other deduction” in the amount of $1,355,000, when such payments were not properly claimed as deductions because they were actually illegal kickbacks and bribes to Pacific Kickback Recipients for the referral of Kickback Tainted Surgeries and Services to Pacific Hospital and Affiliated Entities. TRACY L. WILKISON Attorney for the United states, Acting Under Authority Conferred by 28 U.S.C. § 515 eit Uiited States attorney ief, Criminal Division DENNISE D. WILLETT Assistant United States Attorney Chief, Santa Ana Branch Office JOSEPH T, MCNALLY Assistant United States Attorney Deputy Chief, Santa Ana Branch Office ASHWIN JANAKIRAM SCOTT D. TENLEY Assistant United States Attorneys