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Case Number: No. 3:16-cv-00549
Court: United States District Court for the Middle District of Tennessee (Davidson County)
Plaintiff's Attorney: United States Attorney’s Office
Description: Nashville, TN: False Claims Act violation lawyer represented John Davis, 43, of Franklin, Tennessee, and the former CEO of Anesthesia Services Associates, PLLC d/b/a Comprehensive Pain Specialists (“CPS”), agreed to a permanent voluntary exclusion from participation in federal procurement and non-procurement programs as part of an agreement to resolve the United States’ civil claims against him.
CPS, which was based in Brentwood, Tennessee, at one point operated over 40 pain clinics and had operations in 12 states, until it shut down in 2018. On July 22, 2019, the United States filed a Consolidated Complaint in Intervention in the United States District Court for the Middle District of Tennessee against Davis, as well as CPS and other CPS executives, alleging, among other things, that Davis submitted false claims for medically unnecessary and/or non-reimbursable testing and acupuncture (the “Civil Action”).
As part of the settlement, Davis also agreed not to be employed in any industry or field in which he could, either directly or indirectly, submit claims seeking reimbursement from Medicare and other Federal health care programs.
In April 2019, Davis was convicted for his role in a $4 million Medicare Kickback scheme. After a seven-day trial, a jury convicted Davis of one count of conspiracy to defraud the United States and violate the Anti-Kickback Statute as well as seven counts of violating the Anti-Kickback Statute. In July 2020, Davis was sentenced on the criminal charges to 42 months in prison. Earlier this year, Davis’ sentence was commuted by then-President Donald J. Trump.
The United States previously resolved its claims against CPS, its owners, and a former manager. This settlement resolves the remaining allegations against Davis and results in the dismissal of the Civil Action.
The Civil Action was handled by the United States Attorney’s Office for the Middle District of Tennessee and the Tennessee Attorney General’s Office. This case was investigated by the Department of Health and Human Services, Office of Inspector General and the Tennessee Bureau of Investigation Medicaid Fraud Control Unit. Assistant U.S. Attorney Kara F. Sweet represented the United States.
Outcome: Defendant agree to be permanently excluded from participation in federal procurement and non-procurement programs.