Tampa, Florida – Frank Monte (40, Valrico) and Kimberley
Anderson (52, New Port Richey) today pleaded guilty to conspiracy to pay
healthcare kickbacks. Each faces up to five years in federal prison and each
has also agreed to forfeit $1,717,925.50 in assets.
According to the plea agreement, in May 2014, Monte and
Anderson, acting on behalf of their marketing company Centurion Compounding,
Inc., entered into a marketing agreement with the owners of a Pinellas
County-based pharmacy called Lifecare. Centurion employed sales representatives
to market compounded medications, specifically creams for pain and scars, among
others, to beneficiaries of healthcare plans, especially TRICARE. These creams
typically ranged in price from $900 to $21,000 for a one-month supply. Between
June and November 2014, Monte, Anderson, the owners of LifeCare pharmacy
(Carlos Mazariegos and Benjamin Nundy), and a Pinellas-based physician (Dr.
Anthony Baldizzi), agreed that, in exchange for paying kickbacks to Baldizzi
equal to 10% of the after-cost amount of each claim paid by TRICARE or other
health care benefit programs, Baldizzi would write prescriptions for compounded
medications filled by LifeCare for Centurion-recruited patients. Mazariegos,
acting on behalf of the conspirators, made cash payments and provided other
things of value to Baldizzi as kickbacks, including a new BMW M3.
During the conspiracy, Baldizzi wrote prescriptions for
compounded creams and the conspirators caused the submission of claims for
these creams to TRICARE, which resulted in TRICARE paying LifeCare more than
$4.4 million. The profit to LifeCare for these creams was approximately $4
million. A substantial portion of these claims resulted from TRICARE patients
recruited by Centurion. Pursuant to the agreement of the parties, LifeCare
received 45% of the profits, Centurion expected to receive 45% of the profits,
and Baldizzi was promised 10% of the profits.
Using the profits from the conspiracy, Monte and Anderson
purchased real property and luxury automobiles. The following items were seized
and forfeited: $8,730.50 in cash; a 2009 Bentley Continental; a 2012
Lamborghini Aventador; a 2012 Itasca motorhome, a 2011 Mercedes-Benz SLS AMG; a
2014 Maserati; a 2005 Ford GT; a 2012 Fisker Karma; real property in Land O
Lakes; a 2010 Ferrari California; a 2013 McLaren 12C Spider; a 2012 Porsche
Panamera; and real property in Plant City.
Separately charged co-conspirators Carlos Mazariegos and
Benjamin Nundy previously pleaded guilty to conspiracy to commit health care
fraud. Anthony Baldizzi previously pleaded guilty to conspiracy to commit
healthcare fraud and receiving healthcare kickbacks. Mazariegos, Nundy, and
Baldizzi are scheduled to be sentenced in November and December 2019.
The guilty pleas of
Monte and Anderson conclude a multi-agency investigation that lasted more than
five years, resulting in the successful prosecution of 10 defendants. As a
result of this investigation, TRICARE claims totaling more than $58 million
have been repaid or reversed, and an additional $6 million has been repaid to
TRICARE by the conspirators.
This case was investigated by the Federal Bureau of
Investigation, the U.S. Department of Health and Human Services Office of
Inspector General, the Defense Investigative Service, the Internal Revenue
Service – Criminal Investigation, and U.S. Air Force Office of Special
Investigation. It is being prosecuted by Assistant United States Attorneys
Mandy Riedel, Colin McDonell, and Suzanne Nebesky.
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