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Description: Little Rock, Arkansas criminal defense lawyer represented defendant charged with paying kickbacks to doctors for prescribing unnecessary and very expensive drugs.

Steve Hill, 57, formerly of the Memphis area, Hill spent nearly a quarter century working in the medical sales industry for various Fortune 500 companies, during which time he received standard compliance training on the Anti-Kickback Statute. In 2014, then working under Brad Duke of Little Rock, Hill began to promote expensive compounded prescription drugs covered by TRICARE. Hill operated on a commission basis, earning a fixed percentage of whatever TRICARE paid for the drugs.

To generate sales, Hill encouraged a Memphis area doctor to prescribe the expensive compounded drugs by agreeing to share his commission on the doctor’s prescriptions through payments to the doctor’s spouse. Most of Hill’s payments would eventually be routed to a Tennessee shell corporation formed under the spouse’s name. Within a year, Hill’s arrangement succeeded in generating over $1 million in TRICARE compounded prescription drug claims, earning Hill $345,727.15.

Federal agents investigating the case discovered the connection between Hill, the shell corporation, the spouse, and the doctor. In August 2017, federal agents visited Hill’s Memphis area home to discuss his promotion of compounded prescription drugs. When asked about his financial dealings with the spouse, Hill denied paying the spouse anything in relation to the doctor’s prescriptions.

The investigation was conducted by the FBI and the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG), and the case was prosecuted by Assistant United States Attorney Alexander D. Morgan.

18:1001(A)(2) Making a False Statement
(1s)

Outcome: Defendant was sentenced to 18 months imprisonment; 1 year supervised release; $100 special assessment fee.

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