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Case Number: 3:19-cr-00057-DJH
Court: United States District Court for the Western District of Kentucky (Jefferson County)
Plaintiff's Attorney: United States Attorney’s Office
Description: Louisville, Kentucky criminal defense lawyer represented Defendant charged with his role in a health care fraud scheme involving fraudulent prescriptions for pain creams and regulatory violations relating to the storage of controlled substances.
Between November 2015 and December 2018, Gary Green, 46, executed a scheme to obtain money from health care benefit programs by fraudulently billing those programs for pain cream prescriptions written for himself, his family, and his employees using the National Provider Identifier numbers of two physicians without their authority and authorization. Ultimately, Green deposited the proceeds from the fraudulently billed prescriptions into his business accounts and then transferred the proceeds to his personal bank accounts. Green collected $188,157.55 in proceeds from the fraudulent prescriptions.
In addition, from April 2014 and through January 2019, Green committed regulatory violations in that he intentionally omitted material information from a required report and filing when he failed to inform the Drug Enforcement Administration (DEA) when he transferred Schedule II-IV and III-IV controlled substances from closed pharmacies and stored the controlled substances in an unapproved commercial storage unit.
Michael A. Bennett, United States Attorney for the Western District of Kentucky, made the announcement.
Assistant U.S. Attorneys Christopher Tieke, Nicole Elver, and Joseph Ansari prosecuted the case. Bob Masterson, health care fraud investigator, assisted the prosecution team.
The case was investigated by the Kentucky Cabinet for Health and Family Services Office of Inspector General, Kentucky State Police, Kentucky Department of Insurance, Department of Labor, Drug Enforcement Administration, Internal Revenue Service Criminal Investigations, Department of Defense Office of Inspector General Criminal Investigation Service, Health and Human Services Office of Inspector General, Postal Inspection Service, and the Federal Bureau of Investigation.
21:843(a)(4)(A) and 18:2 - False or Fraudulent Material Omission
18:1347 and 2 - Health Care Fraud
18:1957 and 2 - Money Laundering
Outcome: Imprisonment - 9 months (concurrent); Supervised Release - 1 year (concurrent); Fine - $4000 (total); Restitution - 188,157.55 (total); SPA - $400 ($100 per convicted count)