Philip Esformes Booking Photos by Miami-Dade County Corrections and Rehabilitation Center
Source: Miami-Dade County Corrections and Rehabilitation Center
Philip Esformes was sentenced to 20 years in prison for his role in a massive $1.3 billion Medicare fraud scheme, a sentence commuted by then-President Donald Trump in 2020. Arrested in Florida on domestic violence related charges.
Esformes is reportedly at least the seventh person granted executive clemency by Trump and has since been charged with new crimes new york timesfirst reported this latest arrest.
In August, Trump commuted the 10-year sentence of Jonathan Braun, a convicted drug dealer and predatory lender in New York who was accused of assaulting his father-in-law and his wife in separate incidents.
Esformes was arrested Saturday and later charged with tampering with a victim or witness and criminal mischief involving property damage, court records show.
He was booked into the Miami-Dade County Jail on Sunday, his 56th birthday.
Esformes was released Monday after posting two bonds totaling $1,650, according to a jail spokesman.
Esformes’ attorney had no immediate comment on the arrest.
CNBC has requested comment from a spokesman for Trump’s presidential campaign.
CNBC also requested comment from an attorney for Esformes’ ex-wife, Sherri Beth Esformes, whose divorce from Esformes was finalized in July 2020.
Sherri Beth Esformes filed a petition in August in her ex-husband’s federal health care fraud case, asserting possession of what Philip Esformes deemed a A series of forfeitures of a 50% property interest in companies and properties to settle a $38.7 million forfeiture judgment in the case.
Shirley Beth’s attorneys wrote that his legal rights to the property trump the U.S. government’s interest in the assets, making the forfeiture order invalid.
Because Shirley Beth was not listed as the record owner of the properties, her ex-husband “obtained the properties by violating Ms. Esformes’ trust and through fraudulent or illegal means,” the filing states.
On Tuesday, a Miami federal court judge set a Nov. 4 deadline for Philip Esformes to respond to his ex-wife’s complaint.
Philip Esformes, who owned a Florida nursing home, was found guilty of 20 criminal counts in a 2019 trial related to what the Justice Department said at the time was the largest health care prosecution in the department’s history. related to a fraud scheme.
The Justice Department said that for more than two decades, Esformes and co-conspirators served thousands of Medicare and Medicaid patients through a network of nursing and assisted living facilities even though they were ineligible for such care.
Trump commuted Esformes’ sentence in late 2020, allowing him to be released immediately.
White House, in Announcement of commutation“This commutation was supported by former Attorneys General Edwin Meese and Michael Mukasey, as well as former Deputy Attorney General Larry Thompson,” it said at the time.
“In addition, former Attorneys General Edwin Meese, John Ashcroft and Alberto Gonzalez, as well as Ken Starr Other prominent legal figures, including Ken Starr, have filed appeals challenging his conviction on the grounds of prosecutorial misconduct related to a violation of the attorney-client privilege.
“Mr. Esformes, 52, has devoted himself to prayer and repentance while in prison, but his health has declined,” the White House added.
But the Justice Department later retried Esformes on six criminal charges, on which jurors deadlocked in the first trial.
Esformes fought those efforts for years but agreed in February to plead guilty to one count of conspiracy to commit health care fraud. He was sentenced to serve time.
The New York Times in September details how six other criminalsMany, including Braun, were arrested after receiving executive clemency from Trump. Executive clemency can be a pardon, which invalidates a person’s federal criminal conviction, or a commutation, which terminates any jail or prison sentence.
Leniency recipients detailed in the article include former White House adviser Steve Bannon, rapper Kodak Black, investment fraudster Eliahu Weinstein, robber Jamie Davidson and counterfeit energy drink scammer A Deriana Camberos.