Wrongly Convicted Database Record

 

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Vanja Abreu

 

Charge:

Conspiracy to defraud

Sentence:

9 years

Years Imprisoned:

2.83

Year Crime:

2010

Year Convicted:

2012

Year Cleared:

2015

U.S. State or Country of Crime:

Florida - Federal Case

County or Region of Crime:

Miami-Dade

City of Crime:

Miami

Result:

Judicially Exonerated Released

Summary of Case:

"Dr. Vanja Abreu was wrongly convicted in 2012 of conspiring to commit health care fraud at American Therapeutic Corporation (ATC) in Miami, Florida. Abreu and three co-defendants were charged on Febuary 8, 2011 with engaging in a $205 million Medicare fraud conspiracy. Abreu was convicted by a jury in U.S. District Court in Miama, Florida. Abreu was sentenced to serve nine years in federal prison. Abreu appealed. On August 3, 2015 the United States Court of Appeals for the Eleventh Circuit reversed Abreau's conviction on the basis the prosecution introduced insufficient evidence to prove her guilt of all essential elements of her convicted crimes beyond a reasonable doubt. The Court ruled the government had presented no evidence that she knew of, participated in or benefited from co-workers’ vast scheme to pay “patients” kickbacks, forge charts and bill Medicare fraudulently." Abreu was released from federal prison two days later, on August 5, 2015. Abreu had three co-defendants whose convictions were affirmed on appeal, and Abreu was the only defendant who challenged her conviction based on insufficiency of the evidence. Abreu filed a claim under the federal wrongful imprisonment compensation statute, which the government opposed. As of November 2017 her claim was pending."

Conviction Caused By:

Innocence Proved By:

"On August 3, 2015 the United States Court of Appeals for the Eleventh Circuit reversed Abreau's conviction on the basis the prosecution introduced insufficient evidence to prove her guilt of all essential elements of her convicted crimes beyond a reasonable doubt. Abreu was released from federal prison two days later, on August 5, 2015."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

49

Age When Released:

52

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"USA v. Mark Willner, Alberto Ayala, Vanja Abreu, Hilario Morris, No. No. 12-15322 (11th Cir., 8-3-2015) (Vacating conviction of Abreu based on insufficient evidence.)"

Information Location 1:

http://www.akerman.com/documents/201215322.pdf

Information Source 2:

"Federal Appeals Court Reverses Conviction of Mental Health Program Director, By Ari H. Gerstin, Akerman LLP - Health Law Rx, August 6, 2015"

Information Location 2:

http://www.jdsupra.com/legalnews/federal-appeals-court-reverses-89624/

Information Source 3:

"Miami-Area Therapist Sentenced to 108 Months in Prison for Participating in $205 Million Medicare Fraud Scheme, By Office of Public Affairs (Press Release), U. S. Dept. of Justice, October 11, 2012"

Information Location 3:

http://www.justice.gov/opa/pr/miami-area-therapist-sentenced-108-months-prison-participating-205-million-medicare-fraud

Information Source 4:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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