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Department of Justice
A former Mississippi pharmacist was sentenced today to 10 years in the Southern District of Mississippi for a multimillion-dollar scheme to defraud TRICARE and private insurance companies by paying kickbacks to distributors for the referral of medically unnecessary prescriptions. The conduct resulted in more than $180 million in fraudulent billings, including more than $50 million paid by federal health care programs.
According to court documents, Mitchell “Chad” Barrett, 55, now of Gulf Breeze, Florida, and formerly of Mississippi, participated in a scheme to defraud TRICARE and other health care benefit programs by distributing medically unnecessary compounded medications. Barrett was licensed as a pharmacist in Mississippi and was a co-owner of various compounding pharmacies. As part of this scheme, Barrett adjusted prescription formulas to ensure the highest reimbursement without regard to medical necessity. He solicited recruiters to procure prescriptions for high-margin compounded medications and paid those recruiters commissions based on the percentage of reimbursements paid by pharmacy benefit managers and health care benefit programs, including commissions on claims reimbursed by TRICARE. He further routinely and systematically waived and/or reduced copayments to be paid by beneficiaries and members, and utilized a purported copayment assistance program to falsely make it appear as if his pharmacy and its affiliate compounding pharmacies had been collecting copayments.
Barrett pleaded guilty on Aug. 25, 2021, to conspiracy to engage in monetary transactions in criminally derived property. In addition to the term of imprisonment, Barrett was ordered to pay restitution and forfeit all assets traced to his ill-gotten gains.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; and Special Agent in Charge Cyndy Bruce of the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DoD OIG-DCIS) Southeast Field Office made the announcement.
The FBI Jackson Field Office and DoD OIG-DCIS are investigating the case.
Trial Attorneys Emily Cohen and Alejandra Arias of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorney Kathlyn Van Buskirk of the Southern District of Mississippi are prosecuting the case with assistance from Sara Porter and Dustin Davis from the Criminal Division’s Fraud Section.
Department of Justice
A New York man pleaded guilty today to conspiracy to commit health care fraud and unlawfully spending the proceeds of his $6.8 million fraud.
According to court documents, Robert John Sabet, 46, of Brooklyn, the owner of two New York City pharmacies, conspired to bill Medicare and Medicaid for expensive prescription drugs that were not needed by patients, were dispensed in connection with kickbacks, or, in some cases, not dispensed at all. As part of the conspiracy, Sabet and others paid kickbacks and bribes to customers to convince them to fill prescriptions at his pharmacies, and paid customers cash in exchange for the ability to bill Medicare and Medicaid for over-the-counter health care-related products on their behalf. Sabet used proceeds of the scheme to purchase luxury items, such as a 2020 Porsche Taycan worth over $250,000.
Sabet pleaded guilty to conspiracy to commit health care fraud and committing unlawful financial transactions. He is scheduled to be sentenced on July 29 and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Breon Peace for the Eastern District of New York; Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Office of Investigations, New York Regional Office; Special Agent in Charge Thomas Fattorusso of IRS-Criminal Investigation (IRS-CI), New York; and Acting Medicaid Inspector General Frank T. Walsh Jr. of the New York State Office of the Medicaid Inspector General (OMIG) made the announcement.
HHS-OIG, IRS-CI, and OMIG investigated the case.
Trial Attorney Miriam Glaser Dauermann of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Brendan King for the Eastern District of New York are prosecuting the case.
Department of Justice
LITTLE ROCK—The organizer of a multi-million-dollar kickback conspiracy was sentenced today. Brad Duke, 47, of Little Rock was sentenced to 36 months’ imprisonment and ordered to forfeit $1,055,855.86 by United States District Judge Brian S. Miller.
Duke promoted prescription pain creams, scar creams, and supplements for a Mississippi-based compounding pharmacy, earning a share of whatever the pharmacy was paid for prescriptions issued by Duke’s affiliated doctors. After learning TRICARE, the national military’s health insurer, paid tens of thousands of dollars per month per patient for the compounded drugs he was promoting, Duke began to offer and pay kickbacks to generate prescriptions for those with TRICARE insurance.
Duke paid kickbacks to recruiters, including Michael “Chance” Beeman (52, of Maumelle), Michael Sean Brady (53, of Little Rock), Jason Greene (35, of Nashville, Tenn.), Brian Means (47, of Fort Smith), and Jennifer Sorenson (44, of McKinney, Tex.), to find TRICARE beneficiaries around the country willing to receive the drugs. Duke explained a doctor would sign off on the necessary prescriptions without ever consulting the patients. All Duke needed was TRICARE beneficiary insurance information sufficient to fill out prescription forms.
Upon receipt of beneficiary information from his recruiters, Duke routed prescriptions in the names of the TRICARE beneficiaries to local medical assistant Charlotte Leija (41, of Conway), to whom Duke paid kickbacks, usually $1,000 per prescription, to file the prescriptions under the name of the doctor for whom she worked.
Within a year, Duke’s scheme generated over $10 million in compound drug prescriptions for over 100 TRICARE beneficiaries hailing from as far west as Chula Vista, Calif., to as far east as Foxborough, Mass. No one ever consulted a prescriber. Duke paid his recruiters more than $2 million to supply the beneficiaries and over $250,000 to Leija to issue the prescriptions.
Judge Miller previously sentenced co-conspirators Brady, Beeman, Green, Means, Sorenson, and Leija to prison terms ranging from 8 months to 28 months and ordered them to forfeit illicit proceeds ranging from $198,799.00 to $598,435.99. As of today’s sentencing hearing, the U.S. Marshals had already seized $1,055,855.86 from Duke.
The investigation was conducted by the FBI and the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG), and the case was prosecuted by Assistant United States Attorney Alexander D. Morgan.