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Date: 02-16-2023

Case Style:

United States of America v. Robert Clay Smith

Case Number: 5:22-cr-50020

Judge: Timothy L. Brooks

Court: United States District Court for the Western District of Arkansas (Washington County)

Plaintiff's Attorney: United States Attorney’s Office in Fayetteville

Defendant's Attorney:

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Description: Fayetteville, Arkansas criminal defense lawyer represented Defendant charged with wire fraud, health care fraud, and violations of federal anti-kickback laws.

Federal Courthouser, Fayetteville, Arkansas

Federal Courthouse, Fayetteville, Arkansas

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From 2013 until 2017, Dr. Robert Clay Smith, age 61, of Alex conspired with a Rogers-based company to dispense pain creams and patches to his workers’ compensation patients, for which he received a split of the profits. The company acted as the billing agent for Smith, handling all the paperwork and submitting the claims to both the U.S. Department of Labor, Office of Workers’ Compensation Programs, which covers all federal employees, and to private insurers as well. In exchange, Smith admitted, the company paid him 50 to 55 percent of the profits collected from successfully billing insurers, at markups of 15 to 20 times what the medications cost.

In addition to receiving illegal kickbacks, Smith did not have a license to dispense medications from his clinic, required under Louisiana law, but nonetheless dispensed the medications to his workers’ compensation patients from his clinic.

Smith’s role in the scheme was found to have caused $1,476,383.47 in losses to workers’ compensation insurers, and Smith was ordered to repay $827,083.40 to identified victims.

U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.

The case is being investigated by the Department of Defense, Defense Criminal Investigative Service, the Department of Labor Office of Inspector General, the Department of Veterans Affairs Office of Inspector General, and the U.S. Postal Service Office of Inspector General, with the assistance of the Louisiana Department of Justice, the Louisiana State Board of Medical Examiners, and the Louisiana Board of Pharmacy.

Assistant U.S. Attorneys Hunter Bridges and Steven Mohlhenrich prosecuted the case for the United States.

Outcome: Defendant was found guilty and was sentenced to 48 months in prison, followed by three years of supervised release and was ordered to pay $800,000 to workers' compensation insurers.

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