An order which overturned a Nevada magistrate judge’s pretrial release in a multimillion dollar Medicaid fraud scheme concludes the government met its burden to show Timothy Mark Harron should remain in custody until proceedings in the case are adjudicated.
District Judge Richard E. Myers Jr. in Wilmington did say in his order entered into the record Thursday the court “remains willing to entertain future motions by (the) defendant to be released on conditions, and will expeditiously consider release conditions proposed by (the) defendant, most notably the availability of a third party to undertake custody of (the) defendant while he is released that has been vetted and approved to undertake that responsibility by the appropriate authorities. But in the absence of such a qualified third-party custodian, the court will not disturb its decision.”
Myers said in his order, “Based upon the information made available to the court at (the) hearing, the court concludes that the government has met its burden of demonstrating that (the) defendant should be detained at this time. Specifically, the information presented regarding the nature and circumstances of the offense charged; the weight of the evidence against (the) defendant; and (the) defendant' s previous conviction for fraud convince the court that (the) defendant poses a danger to the community if released and that the government has demonstrated by clear and convincing evidence that there are no conditions of release that will reasonably assure the court of the safety of the community if (the) defendant is released.”
After granting the appeal Wednesday, Harron was remanded to custody. His arraignment is scheduled for the October 20 term of court in Wilmington before Myers.
Wednesday’s hearing was based on a motion filed by United States Attorney Robert J. Higdon Jr. in May which contended Harron would present a danger if allowed pretrial release. Higdon is the United States attorney for the Eastern District of North Carolina.
Harron and his wife Latisha were named in a 75-count indictment charging them with the following:
54 counts of wire fraud, each of which carry a maximum punishment of 20 years in prison
6 counts of aggravated identity theft, each of which carry a maximum punishment of not less than, nor more than, 2 years in prison consecutive to other sentences
Conspiracy to commit money laundering, which carries a maximum punishment of 10 years in prison
11 counts of conducting transactions in criminally derived property with fraud and money laundering, which carries a maximum punishment of 10 years in prison.
Mrs. Harron is also charged with making false statements relating to healthcare matters, which carries a maximum punishment of five years in prison
The Harrons operated Agape Healthcare Systems in Roanoke Rapids and Assured Healthcare Services in Ahoskie.
Higdon said in a statement released in May the case represented “one of the most brazen and egregious cases of home health Medicaid fraud ever seen in this district.”
The indictment alleges a $13 million fraud that funded what Higdon called a gluttonous, social media-marketed lifestyle — one filled with private jets, penthouses and luxury resorts.
He said at the time, “Most reprehensible is the fact that this crime is alleged to have been carried out on the backs of our most vulnerable: the poor, the deceased, the elderly, and the disabled.”
The Harrons had taken up residency in Las Vegas after marrying in 2018, but continued running the alleged scheme across the globe, Higdon’s motion on Mr. Harron’s detention said.
Higdon said the fraud had been ongoing since at least 2013, and was committed from around the world, including Nevada, North Carolina, Virginia, Connecticut, French Polynesia, Tahiti, the Dominican Republic, and other locations.
Mrs. Harron is scheduled for arraignment during the November 17 term of court in Wilmington at 10 a.m. before Meyers.