Philip Esformes, a health care fraudster, has become the latest Trump clemency recipient to be arrested.

Philip Esformes, a health care fraudster, has become the latest Trump clemency recipient to be arrested.
Philip Esformes, a health care fraudster, has become the latest Trump clemency recipient to be arrested.
  • Philip Esformes, who had his 20-year prison sentence for a $1.3 billion Medicare fraud scheme commuted by then-President Donald Trump in 2020, was arrested over the weekend in Florida on domestic-violence related charges.
  • At least seven individuals who received executive clemency from Trump have been subsequently charged with new offenses.
  • In 2019, Esformes, the owner of Florida nursing homes, was convicted of 20 criminal counts related to the largest health-care fraud scheme ever prosecuted by the Department of Justice.

Philip Esformes, who had his 20-year prison sentence for a $1.3 billion Medicare fraud scheme commuted by then-President Donald Trump in 2020, was arrested over the weekend in Florida on domestic-violence related charges.

According to The New York Times, Esformes is the seventh person to receive executive clemency from Trump and has since been charged with new crimes.

In August, Jonathan Braun, a convicted New York drug dealer and predatory lender, was charged with assaulting his father-in-law and his wife in separate incidents.

On Saturday, Esformes was arrested and later charged with tampering with a victim or witness, as well as committing criminal mischief that resulted in property damage, according to court records.

On his 56th birthday, he was incarcerated in the Miami-Dade County jail.

According to a jail spokeswoman, Esformes was released on Monday after posting two separate bonds totaling $1,650.

A lawyer for Esformes had no immediate comment on the arrest.

CNBC has requested comment from Trump's presidential campaign spokesman.

Esformes' ex-wife, Sherri Beth Esformes, has been requested for comment by CNBC.

In August, Sherri Beth Esformes filed a petition in her ex-husband's federal health care fraud case, claiming a 50% stake in several companies and properties that were deemed forfeitable by Philip Esformes to settle a $38.7 million forfeiture judgment in that case.

Sherri Beth's lawyer argued that her legal right to the properties is superior to the U.S. government's interest in the assets, rendering the forfeiture order invalid.

Sherri Beth was not named as the record owner of the properties, which allowed her ex-husband to gain possession of them through fraudulent or unlawful means.

A Miami federal court judge set a deadline of Nov. 4 for Philip Esformes to respond to his ex-wife's filing.

In 2019, Philip Esformes, the owner of Florida nursing homes, was found guilty of 20 criminal charges related to what the Department of Justice called the largest health-care fraud scheme ever prosecuted by the department.

For over two decades, Esformes and accomplices illegally funneled thousands of Medicare and Medicaid patients through a network of nursing and assisted living facilities, even though they were not eligible for such care.

In late 2020, Trump commuted Esformes' prison sentence, resulting in his immediate release from custody.

The former Attorneys General Edwin Meese and Michael Mukasey, as well as former Deputy Attorney General Larry Thompson, supported the commutation announced by the White House.

"Other notable legal figures, including former Attorneys General Edwin Meese, John Ashcroft, and Alberto Gonzalez, as well as Ken Starr, have filed in support of his appeal challenging his conviction on the basis of prosecutorial misconduct related to violating attorney-client privilege."

The White House stated that while in prison, Mr. Esformes, who is 52, has been committed to prayer and penance and is experiencing deteriorating health.

The DOJ decided to retry Esforms on six criminal charges that the jury had deadlocked on during his first trial.

For several years, Esformes resisted those efforts, but in February, he decided to plead guilty to one count of conspiracy to commit health care fraud. As a result, he was sentenced to time served.

In September, The New York Times reported that six other criminal convicts, including Braun, had been arrested following Trump's grant of executive clemency. Executive clemency can be a pardon, which erases a person's federal criminal conviction, or commutation, which ends any prison or jail sentence.

The article lists Steve Bannon, Kodak Black, Eliyahu Weinstein, Jamie Davidson, and Adriana Camberos as recipients of clemency.

by Dan Mangan

Politics