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Case Number: 1:23-cr-00036
Judge: Paul Barbadoro
Court: United States District Court for the District of New Hampshire (Merrimack County)
Plaintiff's Attorney: United States Attorney’s Office in Concord
Description: Concord, New Hampshire criminal defense lawyer represented Defendant charged with health care fraud, in connection with a scheme to defraud Medicare by prescribing durable medical equipment without ever seeing, speaking to, or otherwise examining patients.
Steven Powell, 53, of Alpharetta, Georgia, pleaded guilty to one count of health care fraud. U.S. District Court Judge Paul Barbadoro scheduled sentencing for August 30, 2023. Powell was charged via Information on April 27, 2023.
Powell agreed to electronically sign orders for durable medical equipment (DME), such as knee and ankle braces, that he knew were used to submit more than $1.9 million in false and fraudulent claims to Medicare. Powell received kickbacks in exchange for each doctor’s order he signed authorizing DME that were not medically necessary, and not legitimately prescribed.
The charging statute provides a sentence of no greater than 10 years in prison, 3 years of supervised release, and a fine of $250,000 or twice the pecuniary gain. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Federal Bureau of Investigation and U.S Department of Health and Human Services – Office of the Inspector General led the investigation. Assistant U.S. Attorney John Kennedy and First Assistant United States Attorney Jay McCormack are prosecuting the case.
18 U.S.C. §§ 1347 and 2- Health Care Fraud
Outcome: Defendant pled guilty.