Jury convicts business owner in healthcare fraud and charitable foundation scheme


Date: May 24, 2023

Contact: newsroom@ci.irs.gov

First Assistant United States Attorney Michelle M. Baeppler announced that a federal jury convicted Kevin A. Clay, of Perrysburg, Ohio of conspiracy, healthcare fraud, and making a false statement on an application for charitable tax-exempt status with the IRS on Wednesday, May 24, in Toledo, Ohio following a 4-day trial before Judge Jack Zouhary.

According to court documents and evidence presented at trial, Kevin A. Clay was the co-owner of Theramedical, LLC, a pharmaceutical marketing company specializing in compounded pain and scar cream. The evidence showed that Clay and Theramedical recruited and paid individuals to obtain prescriptions for pain and scar cream, some of which cost approximately $15,000 for a single prescription. The prescriptions were submitted to a Cleveland-area pharmacy, which filled the prescription and billed insurance companies. Members of the scheme concealed the fact that patients were paid to get the prescriptions, and that the prescriptions were often medically unnecessary. In less than two years, Theramedical generated insurance billings of approximately $17 million from the fraudulent scheme. Clay was also convicted of making a false application for tax-exempt status for the Clay Foundation. In his application to the IRS, Clay claimed the foundation was a public charity, however, it was almost entirely funded by fraud proceeds from Theramedical, not the public. Clay conducted little or no fundraising, awarded virtually no scholarships, and purchased gold and silver in his own name with foundation funds.

This case was investigated by the Internal Revenue Service–Criminal Investigations in Cleveland, Ohio, the Federal Bureau of Investigation in Toledo, Ohio, and the Ohio Attorney General's Medicaid Fraud Control Unit, and the Ohio State Medical Board. The case was prosecuted by Assistant U.S. Attorneys Jody L. King and Gene Crawford.