Fifth individual charged in health care kickback conspiracy

 

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Date: November 23, 2020

Contact: newsroom@ci.irs.gov

SHERMAN, Texas – A fifth individual has been indicted for conspiring to commit illegal remunerations in violation of the Anti-Kickback Statute in the Eastern District of Texas.

A federal grand jury, on Nov. 18, 2020, returned a superseding indictment charging Steven Churchill of Boca Raton, Florida, Samson Solomon of West Palm Beach, Florida, David Warren of Boca Raton, Florida, Daniel Stadtman of Allen, Texas, and Lydia Henslee of McKinney, Texas, each with one count of conspiracy to commit illegal remunerations.

According to the superseding indictment, the defendants are alleged to have conspired to pay and receive kickbacks in exchange for physicians' orders that were used to submit claims for payment to federal health care programs. The conspirators obtained patient information, including protected health information and personally identifiable information, and used the information to create fictitious physicians' orders. The conspirators then sold the physicians' orders to each other and to other durable medical equipment providers. Within approximately eight months, the defendants collectively obtained more than $2.9 million in proceeds from the criminal scheme.

The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by federally funded programs, including Medicare, Medicaid, and TRICARE. If convicted, the defendants each face up to five years in federal prison.

This case was investigated by the Internal Revenue Service, Criminal Investigation, U.S. Department of Health and Human Services, Office of Inspector General, U.S. Department of the Treasury, and the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service. It is being prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and Adrian Garcia.

It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.