Owner of Scott, LA Non-Profit Corporation and Two Daughters Indicted for Conspiracy to Commit Wire Fraud

LAFAYETTE, La. – A federal grand jury in Lafayette, Louisiana has returned an indictment charging a Lafayette man and his two daughters with conspiracy to commit wire fraud and wire fraud in connection with a scheme to defraud the Child and Adult Care Food Program (“the Program”), a federal program operated by the U.S. Department of Agriculture (“USDA”), announced Acting United States Attorney Alexander C. Van Hook.

The indictment charges Brian Desormeaux, 64, and his two daughters, Amy Desormeaux Hernandez, 38, and Lenzi Desormeaux Babineaux, 34, each with one count of conspiracy to commit wire fraud and one count of wire fraud. According to the indictment, Regional Nutrition Assistance, Inc. (“RNA”) was a Louisiana non-profit corporation located in Scott, Louisiana and was owned and operated by Brian Desormeaux and he served as its Executive Director. Amy Desoremaux Hernandez served as its Assistant Director and Lenzi Desormeaux Babineaux served as its Senior Program Manager.

RNA was a “Sponsoring Organization” for the Program and was responsible for administering it in certain locations, including “Day Care Homes,” which are organized childcare programs for children enrolled in a private home. The Program authorizes assistance to states through grants-in-aid and other means to assist non-profit food service programs for children and adult participants in non-residential institutions that provide care. It is intended to provide aid to the participants and family or group day care homes to provide nutritious foods for the health and wellness of young children, older adults, and chronically impaired persons.

The indictment alleges that the defendants had access to KidKare/Minute Menu HX, the online portal used by Sponsoring Organizations to administer the Program. It is alleged that it was part of the conspiracy that defendant Amy Hernandez would access the online portal at the beginning of the month to change Day Care Home Providers to “inactive” status to avoid monitoring and oversight by the Louisiana Department of Education (“LDOE”). Then at the end of the month, she would change those “inactive” Day Care Home providers back to “active” status so that claims could be submitted to LDOE for reimbursement by USDA.

Allegations in the indictment state that all three defendants submitted or caused the submission of false and fraudulent claims to LDOE for reimbursement from USDA, to include claims that children were being cared for and fed at Day Care Home providers when in fact, they were not. In fact, it is alleged that some of those Day Care Home providers were deceased at the time claims were made on their behalf.

The indictment also alleges that Lenzi Desormeaux Babineaux submitted false and fraudulent state fire marshal inspection reports for Day Care Home providers so that they would be in compliance with LDOE’s requirements for inclusion in the Program, which was necessary for reimbursements. The indictment further alleges that these three defendants submitted false and fraudulent claims seeking reimbursement they were not entitled to, causing LDOE and USDA to pay at least $400,000 in fraudulent claims.

If convicted, each defendant faces not more than 20 years in prison, a $250,000 fine, or both, on each count.

The case is being investigated by the FBI and the Louisiana State Office of Inspector General and is being prosecuted by Assistant United States Attorney Lauren L. Gardner.

Press Release: US DOJ, Western District of Louisiana