Lab owner pleads guilty to $30 million Medicare fraud scheme

A Florida man Robert M. Clark, pleaded guilty today to his role in a scheme to defraud Medicare by billing for over-the-counter COVID-19 test kits and genetic tests that were ineligible for reimbursement and procured by paying illegal kickbacks and bribes. 

Clark,of Pompano Beach, was the figurehead owner of Clear Choice Diagnostics Inc. (Clear Choice). Clark and his co-conspirators, including the true owner of Clear Choice, purchased Medicare Beneficiary Identification numbers without lawful authority and then used those numbers to bill Medicare for over-the-counter COVID-19 test kits. Clark and his co-conspirators also paid illegal kickbacks and bribes to marketers in exchange for referrals of Medicare beneficiaries for genetic tests. In total, Clark and his co-conspirators caused Clear Choice to submit approximately $30 million in fraudulent claims to Medicare for these tests, of which Medicare paid approximately $15 million.

Clark pleaded guilty to conspiracy to defraud the United States, to pay illegal health care kickbacks, and to purchase Medicare Beneficiary Identification numbers without lawful authority. He is scheduled to be sentenced on June 20 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors

Jeffrey Newman is a whistleblower lawyer whose firm only represents whistleblowers in, among other things Securities Exchange Act, FINCEN and CFTC whistleblower cases, involving publicly traded companies or financial institutions or at 617-823-3217