Pharmacist Thomas Spell Jr., 52, of Ridgeland, was sentenced Thursday to 10 years in prison for his role in a $400 million pain cream fraud.
"I've been in jail for a really long time already," Spell said before he was sentenced. "I get to relive this every day. I think about every decision I made and what I could have done differently.
"Every second of my life is all about this case."
Spell pleaded guilty to filing $243,550,503 in false claims with TRICARE, the health benefits program for the military.
U.S. District Judge Keith Starrett ordered Spell to pay the entire amount in restitution to TRICARE. He was not ordered to pay any fines since the amount of restitution was so high, Starrett said.
He told Spell he could have received a much longer prison sentence — up to 30 years, and encouraged Spell to take advantage of the programs that will be offered to him while in federal custody.
"You will have opportunities in jail to help other people and help yourself," Starrett said. "It's not an end to life. It's a new beginning."
Story continues below photo.
Client was 'looking for something to be true'
Spell's attorney Matt Tyrone said his client approached him and wanted to plead guilty, without any prompting or plea agreements from the government.
His client wanted to make things right, to hold himself accountable for his actions, Tyrone said.
In the beginning: Details emerge in alleged compounding pharmacy scheme
Before his involvement in the fraud, Spell in 2012 found himself divorced, living in an extended-stay hotel and feeling like an outcast from his community.
"I think he started looking for something to be true," Tyrone said.
Spell came into the fraud in 2014, at first working part time in a warehouse filling orders for Medworx, but within three months it has grown to having dozens of employees working full time.
"It proved too good to be true," Tyrone said. "There should have been a stop (to the fraud). It should have been stopped, but it wasn't."
Key players: What happened to the 12 respected professionals accused in $400M compound pharmacy scheme?
Cost to fill each prescription exceeded $10,000
The claims filed by Spell and others involved prescriptions for costly pain creams and vitamin pills with price tags of more than $10,000 and some nearly $15,000 apiece.
Compounded medicines are supposed to be tailored to individual needs, but these were prescribed on preprinted prescription pads for numerous patients.
Many of the patients did not need the cream nor had ever seen the prescribing doctor, even though the pain creams contained a controlled substance.
Nearly $30 million of the fraudulently obtained money went directly to Spell. More than $26 million in assets held by Spell will be returned to the government through forfeiture.
Spell had remained free on a $100,000 unsecured bond since he was indicted in August 2018.
He was taken into custody following the hearing.
Spell is one of 13-and-counting involved in the fraud
Spell’s case is part of the largest health care fraud scheme ever investigated and prosecuted in Mississippi, U.S. Attorney Mike Hurst said in an earlier story.
In addition to Spell, 11 people pleaded guilty and one was convicted at trial for their roles in the pain cream scheme.
Several were scheduled for sentencing this week, but their hearings have been continued. New dates have not been set.
More are being charged as the investigation continues, including Hattiesburg businessman Wade Walters, the believed mastermind, who is charged with more than $510 million in fraud.
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Contact Lici Beveridge at 601-584-3104 or lbeveridge@gannett.com. Follow her on Twitter @licibev.
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Mississippi pain cream fraud: Pharmacist sentenced to 10 years, must repay $243.5 million - Hattiesburg American
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