United States of America v. Le Thu

Newark, New Jersey, criminal Defense lawyers represented the Defendant charged with conspiracy to violate the federal anti-kickback statute, 18 U.S.C. 371.

From May 2014 through April 2017, Le Thu, age 71, of Boston, Massachusetts, participated in a conspiracy in which she received kickbacks from a telemedicine company in exchange for approving hundreds of prescriptions for durable medical equipment and compounded medications. Thu agreed to accept kickback payments of approximately $35 from the telemedicine company in exchange for each prescription she approved, knowing that certain of the prescriptions would be used to bill TRICARE, a health care program of the U.S. Department of Defense. TRICARE paid pharmacies hundreds of thousands of dollars for compounded medications that were procured through kickbacks Thu received.

From March 2017 through November 2020, Thu participated in a second telemedicine health care fraud scheme in connection with payments for genetic tests and durable medical equipment for Medicare beneficiaries. On behalf of multiple telemedicine companies, Thu signed, and caused others who had no medical training to sign, false medical documentation and orders for genetic tests and durable medical equipment. The documentation made it appear that Thu had exercised her medical judgment in approving the orders and, in certain instances, that she would use the genetic test results to treat beneficiaries. Thu, however, had not interacted with or provided any medical care to the beneficiaries prior to signing, or having others sign, the doctors’ orders. Thu signed thousands of such orders that contained statements she knew were false and material to Medicare in exchange for payments to her totaling more than $200,000. As a result, Thu caused durable medical equipment suppliers and laboratories to submit more than $40 million in claims to Medicare based on doctors’ orders containing materially false representations, for which Medicare paid more than $27 million.

The Defendant was sentenced to 36 months imprisonment. This term consists of 36 months, on Docket No. 21-CR-907, Count Two, and a term of 36 months on Docket No. 25-CR-327, Counts One and Two, to be served concurrently with each other and concurrently to the terms imposed on both dockets for a total of 36 months. 2 years supervised release with special conditions. Special Assessment: $100.00 - due immediately. Restitution: $175,915.78 - due immediately.