Neligh pharmacist pleads guilty

Neligh pharmacist Danelle Charf has pleaded guilty to one count after reaching a plea agreement with the US Attorney’s office on July 20.

Charf withdrew her not guilty pleas to counts I-V of an indictment filed in May 2022, waived indictment and pleaded guilty to a single count in an information filed July 20 by Assistant US Attorney Kelli Ceraolo - knowingly and willfully making a false, fictitious or fraudulent statement in connection with delivery and payment for health-care benefits involving Medicare on Oct. 7, 2020.

The count carries a maximum five-year prison sentence, with no minimum; a maximum $250,000 fine, with no minimum; a mandatory $100 special assessment; and up to three years of post-release supervision.

Per terms of the agreement, Charf will receive a sentence of not more than 24 months incarceration. In addition, the parties agreed she would receive a two-offense level increase for abuse of a position of public or private trust.

As part of the agreement, the US attorney will move to dismiss the indictment at the time of sentencing and agreed that Charf will not be federally prosecuted for any additional health-care fraud-related crimes.

Chief Judge Robert Rossiter Jr. accepted Charf’s guilty plea with approval of the plea agreement pending review of a presentence investigation the judge ordered. Sentencing is set at 2 p.m. Oct. 13, in front of Rossiter in Courtroom No. 4 in the Ronald L. Hruska United States Courthouse at 111 South 18th Plaza in Omaha.

Charf also agreed the amount of restitution will include, but is not limited to, all charged and uncharged criminal conduct alleged in the original indictment and is not limited to the count of conviction and will pay $150,000 of the restitution prior to sentencing. The court will determine any additional amount due.

Charf appeared in the Omaha courtroom in June 2022 for arraignment on a May 17 five-count indictment charging her with health-care fraud beginning Oct. 7, 2020, continuing through Jan. 11, 2021.

Charf owned and operated two pharmacies, Wanek Pharmacy in Neligh and Tilden Pharmacy in Tilden, at the time the crime was committed. Federal and state investigators began investigating in September 2020 after receiving a complaint from a pharmacy intern about ongoing fraud, according to the plea agreement. During the investigation multiple employees reported that the pharmacies would submit claims for brand name medications despite dispensing generic medications and/or would process claims for prescriptions despite the prescriptions not having been filled.

Investigators also interviewed Medicare and Medicaid beneficiaries for whom the pharmacies had submitted claims, finding medications in some beneficiaries’ possession were generic while claims were submitted for brand-name products.

One claim was submitted to Medicare on Oct. 7, 2020, by Wanek Pharmacy for 120 blisters of Adivair but the pharmacy dispensed 60 blisters of fluticasone propionate and was paid $812.53 for the false claim. Charf, as chief pharmacist and owner, managed the inventory of both pharmacies.

The loss claimed by Medicare and Medicaid totals $573,337.53. A reconciliation of inventory conducted by investigators showed the Neligh pharmacy did not have adequate drug purchases to support claims, resulting in a loss estimate of $369,837.38. Tilden did not have adequate drug purchases to support its claims, with a loss estimate of $203,500.15.

Charf disputed the amount but acknowledged a loss occurred.

She is represented by David Domina of Omaha.