Federal judge releases six defendants in MaineCare fraud case with conditions; all plead not guilty

BANGOR, Maine (WMTW) - A judge released all six people charged in a federal MaineCare fraud case with conditions after they pleaded not guilty in a Bangor courtroom, according to court filings.

Prosecutors had filed motions asking the court to detain the defendants, citing “serious risks” of obstruction and the defendants fleeing before trial.

A judge disagreed and released all six on Tuesday “on conditions.” The court docket does not include a full release order or specify what those conditions are.

The defendants are 37-year-old Noora Abd, 51-year-old Faysal Kalayaf Manahe, 47-year-old Adel Al Rashid, 47-year-old Sura Almohammed, 46-year-old Ethar Alyaseen and 41-year-old Mohammed Alkhalaf.

Abd is cited as the owner and operator of Community Home Health Care in South Portland, which was also named in the now unsealed federal grand jury indictment. It alleges that she and her five employees conspired to defraud MaineCare by submitting electronic visit-verification records for personal care services that were not provided. According to the U.S. Attorney’s Office, Community Home Health Care and Abd allegedly submitted more than $600,000 in claims since 2020 for services purportedly provided to one client.

Abd and her husband Manahe are also charged with obstructing a healthcare fraud investigation; prosecutors allege they pressured someone who knew about the alleged fraud scheme not to speak to investigators. Alkhalaf is charged with making false statements.

According to a filing opposing detention, Abd’s attorneys argued that the government’s motion sought detention based on flight risk, did not claim Abd was a danger to anyone and did not qualify for a statutory presumption of detention.

Abd’s attorneys also pointed to the government’s timeline. They said the indictment was returned Oct. 22, but Abd was not arrested until Oct. 27, and that the conduct attributed to her in the indictment ended in August. Attorneys argued those delays undercut the government’s claims that she posed a serious flight or obstruction risk. In the filing, attorneys wrote that Abd knew she was the subject of a federal fraud investigation since June, but in the four months since, she did not leave her home in Maine.

“A defendant who presents a serious risk of flight is not left in her home for five days after a grand jury returns a sealed indictment against her,” wrote attorney Michael J. Conley in submitted court documents. “A defendant who presents a serious risk of obstruction is not left alone for two months after the government says her conduct stopped.”

Abd’s attorneys also argued that prosecutors had not shown that release conditions could not address there concerns. They said that Abd would accept any conditions that the court deems necessary, including the surrender of her passport, travel restrictions, living at an approved address, location monitoring and no-contact provisions.

Community Home Health Care was previously cited by Maine’s Department of Health and Human Services over more than $49,000 in alleged overpayments for services billed between 2016 and 2019. The company repaid the amount in August.

If the defendants are convicted of healthcare fraud conspiracy, they face up to 10 years in prison, a fine of up to $250,000 or twice the total loss due to fraudulent claims, and up to three years of supervised release. The charges of obstructing a healthcare fraud investigation and making false statements each carry a maximum of five years in prison, a $250,000 fine and up to three years of supervised release.