United States Attorney Joshua S. Levy | U.S. Department of Justice
A New York operations manager, Timothy Doyle, has been charged in federal court in Boston for allegedly conspiring to offer and pay kickbacks to doctors. These kickbacks were reportedly in exchange for ordering medically unnecessary brain scans. Doyle, 45, from Selden, N.Y., is facing one count of conspiracy to violate the anti-kickback statute and has agreed to plead guilty. A plea hearing date has not yet been set.
The charging documents allege that from June 2013 through September 2020, Doyle conspired with others, including two managers of a mobile medical diagnostics company that performed transcranial doppler (TCD) scans. These scans measure blood flow in parts of the brain. The allegations suggest that Doyle and his co-conspirators made agreements with various doctors to offer and pay kickbacks based on the number of TCD ultrasounds ordered by them. Some payments were allegedly made in cash and others by check.
To disguise these transactions, purported rental and administrative service agreements were created. These agreements falsely suggested that doctors were compensated fairly for the use of their space and resources rather than based on referral volume or value. It is claimed these agreements concealed the true nature of per-test payments.
The scheme reportedly led to fraudulent Medicare bills totaling approximately $70.6 million.
If convicted under the charge of conspiracy to violate the Anti-Kickback Statute, Doyle could face up to five years in prison, three years of supervised release, and a fine up to $250,000. Sentences are determined by a federal district court judge according to U.S. Sentencing Guidelines.
The investigation involves multiple agencies including Acting United States Attorney Joshua S. Levy; Roberto Coviello from the U.S. Department of Health and Human Services; Jodi Cohen from the FBI's Boston Division; Jonathan Wlodyka from IRS Criminal Investigation Division; Carol S. Hamilton from Employee Benefits Security Administration; Ketty Larco-Ward from U.S. Postal Inspection Service; and Christopher Algieri from U.S. Department of Veterans Affairs Office.
Assistant U.S. Attorneys Howard Locker and Mackenzie Queenin are prosecuting this case as part of the Health Care Fraud Unit.
It should be noted that these details are allegations contained within charging documents, and Doyle is presumed innocent until proven guilty beyond a reasonable doubt in court.