Joshua S. Levy, U.S. Attorney | U.S. Attorney for the District of Massachusetts
A New York national sales director has been charged in federal court in Boston for allegedly conspiring to offer and pay kickbacks to doctors. The charges relate to ordering medically unnecessary brain scans, according to the U.S. Attorney's Office.
David Fuhrmann, 59, from Port Jefferson, N.Y., faces one count of conspiracy to violate the Anti-Kickback Statute. He has agreed to plead guilty, though a plea hearing date is yet to be set by the Court.
The charging documents allege that between June 2013 and September 2020, Fuhrmann conspired with others, including two managers from a mobile medical diagnostics company. They reportedly entered into kickback agreements with various doctors for transcranial doppler (TCD) scans. It is claimed that doctors received kickbacks based on the number of TCD ultrasounds ordered, paid either in cash or by check.
Fuhrmann and his co-conspirators allegedly created rental and administrative service agreements that appeared legitimate but were actually designed to disguise payments per test as compensation for space and resources used by the TCD company.
The scheme reportedly led to fraudulent Medicare bills totaling approximately $70.6 million.
If convicted of conspiracy to violate the Anti-Kickback Statute, Fuhrmann could face up to five years in prison, three years of supervised release, and a fine up to $250,000. Sentencing will be determined by a federal district court judge following U.S. Sentencing Guidelines and relevant statutes.
U.S. Attorney Leah B. Foley announced the charges alongside several law enforcement officials: Roberto Coviello from the U.S. Department of Health and Human Services; Jodi Cohen from the FBI's Boston Division; Thomas Demeo from IRS Criminal Investigation Division; Kelly M. Lawson from Employee Benefits Security Administration; Ketty Larco-Ward from U.S. Postal Inspection Service; and Christopher Algieri from Veterans Affairs Office of Inspector General.
Assistant U.S. Attorneys Howard Locker and Mackenzie Queenin are prosecuting this case within the Health Care Fraud Unit.
The allegations remain unproven until guilt is established beyond reasonable doubt in court proceedings.
