-Caveat Lector-

Florida State Senator Pleads Guilty

By TRACY FIELDS
.c The Associated Press

MIAMI (AP) - A state senator pleaded guilty to conspiracy in a Medicare fraud
case and must resign from the Legislature, where he has served for 15 years.

State Sen. Alberto Gutman and his wife, Marci, were charged last year as the
secret owners of companies that billed Medicare for health care services that
were not performed, sometimes for clients who did not exist.

The Miami Republican maintained his innocence until his plea deal was
announced Tuesday in the second week of his federal trial. Prosecutors said
Gutman and his wife collected at least $2 million from fraudulent billings
while he served in the Legislature.

Gutman, 40, declined comment Tuesday. He is expected to be given a two-year
prison term at his sentencing Jan. 20.

As a convicted felon, Gutman must relinquish his Senate seat. Gov. Jeb Bush
will set a special election once Gutman's resignation letter is received, a
spokeswoman said.

Mrs. Gutman, 40, pleaded guilty last month to a misdemeanor Medicare fraud
charge and was sentenced to three years' probation and six months' home
confinement. She also agreed to pay $15,000 in restitution. The Gutmans have
two children.

The Gutmans were indicted along with 23 other defendants in the investigation
of Mederi of Dade County Inc., a home health care provider.

Investigators said they found no legitimate billings among $15 million worth
of Mederi claims. The company and its owner were acquitted in May; a physical
therapist was convicted.

Prosecutors said Gutman used voter lists from his district to telemarket his
home health-care companies and that checks from the enterprise were deposited
in his personal accounts.

Defense attorneys said key witnesses were trying to protect themselves by
testifying against an innocent public official.

Gutman was elected to the state House in 1984 and moved on to the state
Senate in 1992. He narrowly won another four-year term while under indictment
last November.

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