Franchise Tax Board

Used Car Salesman Gets Prison Term in Tax, Medi-Cal Fraud Case


A Los Angeles businessman has agreed to serve six years in state prison after pleading no contest to five felony counts in a scheme that involved Medi-Cal fraud, identity theft, money laundering and conspiracy, according to the Franchise Tax Board (FTB).

In a plea arrangement with state prosecutors on Monday, Benjamin E. Provo, 44, owner of Esquire Auto, a Los Angeles-based car dealership, pleaded no contest to three counts of filing false health care claims, one count of grand theft and one count of filing a false state income tax return.

At the time of his arraignment last July, Provo pleaded not guilty to 21 counts in connection with the theft of more than $1.3 million from Medi-Cal. Provo was identified by state investigators as the ringleader of the scheme. Nine co-defendants previously pled guilty pursuant to cooperation agreements with the prosecution.
The complaint charged that physicians' names, medical licenses and patients' information were illegally purchased by Provo from Los Angeles area hospital employees.

The complaint also said that Provo submitted phony applications for Medi-Cal provider numbers under the doctors' names, and subsequently submitted bogus claims to Medi-Cal stating that doctors had treated the patients. After Medi-Cal paid the claims and mailed payments to storefront addresses, Provo cashed the checks with the help of co-conspirators at local banks. Money from the checks was then laundered at an unlicensed check cashier and convenience store in Los Angeles.

The Medi-Cal payments were not reported on Provo's 1998 or 1999 tax returns. All income is taxable, including income from illegal activities.

The fraud was detected by the Department of Health Services, which took notice when three different doctors had provider numbers with the same address and unusually high claim amounts.

Los Angeles County Superior Court Judge Tomson T. Ong presided over the plea arrangement. Formal sentencing is set for July 23 at 8:30 a.m. in Department 1 at the long Beach Courthouse.

This was a joint investigation with the Department of Justice, Department of Health Services and the FTB.