Akande's conviction is overturned

Former Somerset pain doctor Ezekiel O. Akande was formally sentenced to time served after pleading guilty to a federal charge of transferring money that was “criminally derived.”

The formal judgement was entered on May 11.

As part of his sentencing, Akande will be on three years of supervised release and must make restitution.

Court documents state that Akande spent 671 days in prison in connection with his state trial and sentencing.

Akande was convicted in April 2017 in a Pulaski County Circuit trial on charges of Theft By Unlawful Taking and Medical Assistance Program Fraud.

However, that conviction was overturned in November 2018 by the Kentucky Court of Appeals on the basis that the prosecution failed to show intent that Akande intentionally defrauded Medicaid or knew that his billing service was in error.

In federal court, Akande was facing eight charges but admitted guilt to only one count of Engaging in Monetary Transactions in Criminally Derived Property.

As part of the plea agreement, the other seven counts against him were dismissed.

In the plea agreement, Akande admitted that he had deposited funds into a bank from his clinic that were received through “upcoding violations.”

Upcoding is when a medical office bills insurance for a higher amount than the actual services should have been billed for.

Akande’s office is said to have billed $438,564.74 more than it should. That money was deposited into an account in the name of Kapital Properties, owned by Akande.

Then, part of that money was placed into a Certificate of Deposit in the name of Primetime Trust 2011/Ezekiel Akande Trustee.

In March 2016, Akande admitted that he closed that account and received a cashier’s check for the funds. That check was seized by the Kentucky Attorney General’s office, but Akande filed a declaration with the bank that the check was stolen or destroyed, receiving a second check and depositing that check into a different bank.

At one time, Akande operated the Somerset Regional Pain Center which was located at 355 Langdon Street.

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