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Monday, December 23, 2019

5 Sentenced In $50 Million Prescription Cream Kickback Scheme - Palm Harbor, FL Patch

TAMPA, FL — It sounds like the beginning of a joke. But federal agencies say there's nothing funny about a conspiracy bilk a national health care company out of $50 million for prescription creams.

Two pharmacists, a physician and two marketers have now been sentenced in U.S. District Court in Tampa for conspiring to pay and receive health care kickbacks for prescriptions for compounded creams billed to TRICARE.

U.S. District Judge Mary S. Scriven sentenced Dr. Anthony Baldizzi, 56, of Treasure Island, to one year and a day in federal prison for his role in the conspiracy. Baldizzi was ordered to forfeit $100,000, including a BMW that he had received as a kickback.

On March 7, 2018, Baldizzi pleaded guilty to conspiracy to commit healthcare fraud and receive kickbacks, and one count of receiving healthcare kickbacks. He must surrender his license to practice medicine in January.

Kovachevich also sentenced pharmacist Carlos Mazariegos, 42, Palm Harbor, to one year and a day in federal prison for his role in the conspiracy. On April 10, 2017, Mazariegos pleaded guilty to conspiracy to commit health care fraud. He is no longer a licensed pharmacist.

On Nov. 6, pharmacist Benjamin Nundy, 42, of Ruskin, was sentenced by U.S. District Judge Susan C. Bucklew to a five-year term of probation for his role in the conspiracy. On July 13, 2017, Nundy pleaded guilty to conspiracy to commit health care fraud. He is no longer a licensed pharmacist.

Additionally, Mazariegos and Nundy paid $6,404,793.24 in restitution to the United States and forfeited $6,404,793.24 in cash.

The owners of the marketing firm Centurion Compounding Inc. were sentenced by Scriven as well. Frank V. Monte and Kimberley S. Anderson received 24 months and 18 months in federal prison, respectively. Monte and Anderson also forfeited more than $3 million in property and luxury vehicles, including a Lamborghini, a Porsche, a Ferrari, a Ford GT racing car, a McLaren and a Mercedes.

According to court documents, in 2014 and 2015, Centurion, a marketing firm located in Pasco County operated by Monte and Anderson, employed sales representatives to market compounded prescription medications—specifically, creams for pain and scars—to beneficiaries of healthcare plans, particularly TRICARE. These creams typically ranged in price from $900 to $21,000 for a one-month supply. Centurion representatives marketed the creams to individuals living and working at MacDill Air Force Base in Tampa.

In May 2014, Centurion entered into an exclusive, illegal kickback arrangement with Pinellas County-based LifeCare pharmacy whereby Centurion and LifeCare agreed to share equally in the profits from the claims paid by health benefit programs, including TRICARE, for compounded medications prescribed to beneficiaries.

Baldizzi agreed with Monte, Anderson and the owners of LifeCare pharmacy (Mazariegos and Nundy) that, in exchange for kickbacks, he would write prescriptions for compounded creams marketed by Centurion to TRICARE beneficiaries.

Between May and November 2014, LifeCare billed health insurers, including TRICARE, more than $12.4 million for compounded cream prescriptions written by Baldizzi and marketed by Centurion. LifeCare realized a profit of more than $10 million, which it shared with Baldizzi, Monte and Anderson.

Even after LifeCare closed and Baldizzi withdrew from the conspiracy, Centurion transferred the existing refills from Baldizzi's prescriptions to a new pharmacy, which filled the prescriptions and billed TRICARE.

In all, Centurion caused TRICARE to be billed more than $50 million for compounded creams prescribed to patients that it had recruited.

Following the execution of a federal search warrant in February 2015, Centurion ceased operations and the United States facilitated the repayment of more than $48 million in claims to TRICARE.

The case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services Office of the Inspector General, the Defense Criminal Investigation Service and the U.S. Air Force Office of Special Investigations, with assistance from the U.S. Army Criminal Investigation Command, the Naval Criminal Investigative Service and the Drug Enforcement Administration.

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5 Sentenced In $50 Million Prescription Cream Kickback Scheme - Palm Harbor, FL Patch
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