---
description: Virginia Appeals Court Upholds Medicaid Fraud Conviction
title: Virginia Appeals Court Upholds Medicaid Fraud Conviction
image: https://www.chaikinandsherman.com/wp-content/uploads/2020/03/Allan_Siegel-1.jpg
---

# Virginia Appeals Court Upholds Medicaid Fraud Conviction

* Last Updated: November 20, 2025
* Reading Time: 3 minutes

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The firm’s four partners discuss their litigation approach and institutional credentials — including over $1 billion recovered, Tier One Best Law Firm recognition, three partners who served as presidents of the DC Trial Lawyers Association, and two Super Lawyers Top 100 honorees. For whistleblower and qui tam clients, the firm brings the same resources, trial readiness, and willingness to confront powerful entities.

 Video Transcript 

**Speakers:** Ira Sherman, Joseph Cammarata, Stephen Ollar, Allan Siegel

**Joseph Cammarata (00:01):** How do you pick the right personal injury lawyer? How do you know who to trust? This is the most important decision you’re going to make right now. The question is how do you get it right?

**Allan Siegel (00:14):** For more than 50 years, we’ve gone to battle for our clients. We represent the victims of car bus and truck collisions, bike wrecks, traumatic brain injuries, and medical malpractice. We fight insurance companies, corporations, and governments at Chaikin, Sherman, Cammarata and Siegel. We know what it takes to win, and we’re proud of the reputation that we’ve built as advocates for the people.

**Ira Sherman (00:45):** Experience matters. That’s just the truth. There’s no other way to excel for our clients other than years of hard work. We’ve dedicated our entire professional careers to this cause and what do we have to show for it? Over $1 billion in compensation for our clients. Named Tier One Best Law Firm in Personal Injury Litigation. Three partners who served as presidents of the metropolitan DC Trial Lawyers Association and justice for tens of thousands of clients.

**Stephen Ollar (01:22):** Needing a lawyer and finding one can be a scary and overwhelming process. We strive to take the fear and uncertainty out of that process, unlike other firms. When you call our firm, you will always speak with an attorney about your case. As a former staff sergeant in the United States Army, I know what it means to serve and we serve our clients by providing unmatched representation and the expertise to win cases.

**Joseph Cammarata (01:50):** Our firm’s mission has always been to represent people from every walk of life, young, old, rich, poor, large cases. In the small ones that comes from our founder, Donald Chaikin. I will never forget what he would tell people. He would say, we fight for those you love.

**Allan Siegel (02:09):** We are local and national leaders in the personal injury field. There are not many law firms that have our combination of awards and achievements. We have two trial lawyers recognized in the Super Lawyer’s Top 100 list. Ira Sherman served on the board of the Brain Injury Association of America for many years. Joe Cammarata is a past chair of the AAJ Traumatic Brain Injury Litigation Group, and I recently served as the chair of AAJ’s bus litigation group. Look, if people come in, the world

**Ira Sherman (02:40):** is turned upside down. They don’t know where to turn next. When you hire us, we’re going to be doing all we can to obtain justice on your behalf. You just got one thing to do, which is to get

**Allan Siegel (02:53):** better. We are Chaikin, Sherman, Cammarata and Siegel. Personal Injury Attorneys in Washington, DC.

A federal appeals court in Virginia recently upheld the Medicaid fraud conviction against the married operators of an in-home medical care company. According to prosecutors, Wayne Perry, Jr.’s Community Personal Care billed Medicaid for health care services that were never provided to low income individuals. Virginia’s Medicaid program authorizes private companies to provide in-home healthcare services to low income individuals. These healthcare companies are paid for their services with taxpayer-funded funds.

![Medicaid Fraud Whistleblower Attorney](https://www.cscsvirginia.com/images/blog/Medicaid.jpg)

To implement the in-home services, a registered nurse creates an approved plan for the person receiving Medicaid services. These care plans cap the number of hours that providers may bill for services. Even though there is a cap on hours, invoices for services must be based on the actual number of hours provided. According to prosecutors, Community Personal Care had great difficulty complying with this last requirement. Its employees continually invoiced Virginia Medicaid for the maximum number of service hours authorized under patient care plans, rather than actual hours that were provided. This fraudulent scheme is known as “billing by the plan of care.” Employees doctored records, forged signatures, added hours to timesheets, and otherwise engaged in fraud to perpetuate the fraud. On weekends, Community Personal Care directed its employees to spend the weekend doctoring records in order to prepare for an upcoming audit. According to court records, Angela Perry (Wayne Perry’s wife and executive assistant) directed one employee to spend her time forging signatures because she was the “artistic one.”

In February 2014, a grand jury indicted the Perrys on 18 charges of healthcare fraud, conspiracy to commit healthcare fraud, making false statements relating to health care, alteration of records, and aggravated identity theft. Allison Hunter-Evans, a former Virginia Department of Medical Assistance Services employee hired by the Perrys as a consultant, was also charged with alteration of records. Ms. Hunter-Evans testified against the Perrys at trial and was sentenced to four years probation.

At trial, more than a dozen witnesses testified that Community Personal Care submitted fraudulent Medicaid claims from 2009 to 2012, collecting more than $1.4 million for work that was never actually provided to low income individuals. The jury convicted the Perrys on all counts and they appealed, challenging the sufficiency of evidence presented against them.

The Perrys did not dispute that employees submitted fraudulent invoices, used patient identification numbers without permission, and altered timesheets and other records in an attempt to hide their fraud from Medicaid auditors. At trial, they claimed that employees concocted and implemented the scheme without their knowledge. On appeal, they claimed that the evidence presented against them was insufficient.

The 4th Circuit Court of Appeals opinion describes the evidence presented against the Perrys as “ample.” Examples include:

* Wayne Perry’s imposition of quotas for care hours,
* Threats to fire employees who did not meet quotas,
* Instructions to submit additional invoices in order to meet the maximum allowed care hours,
* Extensive evidence of multiple employees falsifying records for hours that were never worked,
* Mr. Perry’s performance demands made late in the billing cycle so that he knew or should have known there was no way employees could honestly meet their billing quotas,
* Evidence of financial incentives for the Medicaid fraud, and
* Separate payments made to employees for meeting quotas that required Mr. Perry’s approval.

The Appeals Court found this and other evidence undermined the Perrys’ contention that they were unaware of the fraud. Community Personal Care’s fraudulent scheme stole money that was intended for low income individuals. According to prosecutors, Community Personal Care submitted about 7,800 fraudulent claims to the Virginia Medicaid program, falsely representing that care services had been provided to 78 Medicaid recipients. Although this case was investigated by the FBI and the Virginia Virginia Attorney General’s Medicaid Fraud Control Unit, private citizens who have information about schemes similar to Community Personal Care may be financially rewarded for reporting fraud. The Virginia Fraud Against Taxpayers Act empowers whistleblowers to file “qui tam” lawsuits if they know of violations of health care law, including Medicaid and Medicare. The whistleblower’s award can range between 15 and 30 percent of an eventual recovery. At Chaikin, Sherman, Cammarata & Siegel, we represent whistleblowers who report Medicaid and Medicare fraud throughout Virginia, Maryland, and Washington, D.C. If you have credible information about a healthcare company submitting fraudulent claims to Medicaid or Medicare, please call us today for a free, prompt, and confidential consultation with an attorney.

![Main CSCS Video - Thumb 1](https://www.chaikinandsherman.com/wp-content/uploads/2024/11/1.png) 

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 04/01/2016 

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