Jacksonville, Florida - U.S. District Judge Timothy J. Corrigan has sentenced Luis Lacerda (37, West Palm Beach) to three years and five months in federal prison, Omar Solari (36, Fort Lauderdale) to 2 years and six months in federal prison, Michael Murphy (38, Fort Lauderdale) to 15 months in federal prison, and Joelson Viveros (45, Boca Raton) to 5 years' probation for their respective roles in a $54.3 million health care fraud scheme in which the defendants paid kickbacks and bribes to telemarketers and telemedicine providers to secure orders for medically unnecessary prescriptions that were billed to Medicare. The court also ordered Lacerda to forfeit $15,600,333.30 and pay $54,303,526 in restitution; Solari to forfeit $6,341,240.58 and pay $36,246,251 in restitution; Murphy to forfeit $3,650,943.36 and pay $8,374,175 in restitution; and Viveros to forfeit $894,116.45 and pay $3,017,135 in restitution. Each previously pleaded guilty to their role in a conspiracy in which the co-conspirators owned and operated pharmacies that participated in the Medicare program, including one located in Jacksonville.

According to court documents, from approximately 2018 through 2021, the co-conspirators paid kickbacks and bribes to telemarketing companies in exchange for recruiting Medicare beneficiaries to accept prescriptions for various medications - mainly topical creams - which the beneficiaries did not want or need. Some of the co-conspirators also operated companies that engaged in telemarketing activities to develop beneficiary leads.

The co-conspirators then paid kickbacks and bribes to telemedicine companies that employed or contracted with physicians who signed the prescriptions. The physicians had no physician-patient relationship with the beneficiaries and typically signed the prescriptions after a cursory telephone conversation with the beneficiary or with no contact at all. After obtaining Medicare beneficiary information and the signed prescriptions, the co-conspirators submitted claims to Medicare for medically unnecessary medications, sometimes through multiple pharmacies they owned and controlled in a practice known as "recycling." Over the course of the conspiracy, the defendants' pharmacies were reimbursed more than $54.3 million for medically unnecessary prescriptions by Medicare Part D.

This case was investigated by the U.S. Department of Health and Human Services - Office of Inspector General and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney David B. Mesrobian and Trial Attorney Gary Winters of the Department of Justice - Criminal Division, Fraud Section. The forfeiture was handled by Assistant United States Attorneys Jennifer M. Harrington and Mai Tran.