11-03-2024 8:17pm

AG Charges Former State Police Officer and Doctor in Fraud Scheme

Chris Edwards Editor

The New Mexico Department of Justice has announced a series of indictments returned by a grand jury against two defendants, Morgan Ortiz a former New Mexico State Police Officer who previously was charged with a DWI and Dr. Keith Levitt, a doctor who worked with Ortiz. Ortiz faces a series of criminal charges, he is accused of orchestrating an extensive scheme involving Medicaid Fraud, Identity Theft, Document Falsification, and Unauthorized Medical Practice. The Defendants operated a now shuttered substance abuse recovery program that billed the Medicaid program over $800,000 worth of allegedly fraudulent claims.

The charges, spread across two joined cases, involve fraudulent activities allegedly committed between March 2019 and April 2021. In total, the defendants face 16 counts, including Medicaid Fraud, Conspiracy, and Forgery, for activities believed to have resulted in significant financial losses to New Mexico’s healthcare programs.

“These defendants exploited vulnerabilities within our healthcare system, preying on individuals struggling with substance use disorders for their own financial gain,” said Attorney General Raúl Torrez. “Such actions are not only illegal but deeply unethical, as they undermine trust in the services that individuals in recovery rely on for support. Our office is committed to holding accountable those who seek to profit at the expense of some of New Mexico’s most vulnerable residents.”

Key Charges Include:

Medicaid Fraud (Counts 1 and 2 in each case): The indictment includes multiple counts of Medicaid Fraud, alleging that the defendants misrepresented financial, demographic, and service information to obtain benefits valued at more than $20,000. These second-degree felonies fall under Sections 30-44-7(A)(4)(b) NMSA 1978.
Alternative Fraud Counts (Alternative to Counts 1 and 2 in each case): Each case also includes alternative fraud charges for alleged misrepresentation to the State, resulting in financial gain for the defendants. These second-degree felonies are under Section 30-16-6 NMSA 1978.
Identity Theft and Conspiracy to Commit Identity Theft (Counts 3 and 4 in each case): The indictments allege that the defendants used the personal identifying information of a New Mexico physician without his consent, intending to defraud the State and others. These are fourth-degree felonies under Section 30-16-24.1(A) and Section 30-28-2 NMSA 1978.
Practicing Medicine Without a License (Counts 7 and 9): In addition to fraud, Morgan Ortiz is accused of attempting to practice medicine in New Mexico in 2021 without proper licensure, violating the Medical Practice Act. These charges are classified as fourth-degree felonies under Section 61-6-20(A) NMSA 1978.
Forgery (Counts 8 and 10): Allegations also include presenting falsified prescriptions at local pharmacies, knowing they contained unauthorized signatures. These acts are charged as fourth-degree felonies under Section 30-16-10(A)(2) NMSA 1978.
Document Falsification and Conspiracy to Commit Document Falsification (Counts 5 and 6 in each case): Additional charges of falsifying information in Medicaid records and conspiracy to alter records have been brought under Sections 30-44-4(A)(1) and Section 30-28-2 NMSA 1978.

This indictment is part of the NMDOJ’s broader initiative to safeguard New Mexico’s healthcare programs and protect the well-being of its citizens.

This case was investigated by the NMDOJ’s Medicaid Fraud and Elder Abuse Division (MFEAD). The New Mexico MFEAD receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $3,293,072 for federal fiscal year 2024. The remaining 25 percent, totaling $1,097,690 for fiscal year 2024, is funded by the State of New Mexico.