16 Aug 2022

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Lester Stockett - Telemarketing Fraud

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Lester Stockett, the proprietor of Video Doctor U.S.A and the Telemed Health Group, was implicated in what is now said to be the largest medi-care fraud. The estimated loot came to the tune of 1.2 Billion dollars (Commins, 2019) . This involved the supplying of medically unwarranted for orthotic braces. He pleaded guilty to the criminal charges preferred upon him. He entered his plea before the United States District Judge Madeline Cox Arleo in Newark, State of New Jersey. Stockett, the chief executive of Video Doctor and Telemed Health Group later, after the plea bargain being accepted agreed to submit $ 200 million, as a form of restitution as part of the plea terms (Commins, 2019) . These charges were specifically on conspiracy to defraud the United States of America, by way of receiving of unlawful kickbacks and the alleged conspiracy to engage in various counts of money laundering. 

The Federal government and investigators had launched the hunt to track down the scammers and collection of substantive evidence for prosecution. The investigators relied on varied Tele marketers throughout Latin America and the Philippines (Minemyer, 2019) . The investigation became aware that the aim of socket and his co- conspirators was to identify elderly patients that were eligible for Medicare, in the program referred to as the Federal Health Insurance. The means in which they disseminated information was through radio advertisements; television and cold call (Minemyer, 2019) . The bait was a promise of ‘free’ and essentially lo-cost braces for a client’s knee, shoulders, wrists and back. 

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The case was duly investigated by means of a multi-agency co-operation of HHS-OGI, FBI and IRS-CI (Stempel, 2019) . Currently, the prosecutors in charge of arguing the facts are acting Deputy Chief Jacob Foster and trial attorney Darren Halverson, of the criminal divisions’ fraud section. 

The Federal official states that the healthcare fraud scheme investigation, involved the sanctioning of over 80 search warrants across seventeen federal districts (Stempel, 2019) . Some of the states included New York, California, South Carolina, North Carolina, Texas, New Jersey and Florida (Stempel, 2019) . Officials followed transaction of the illegal profits which were allegedly being laundered by international shell companies. The proceeds later went to the financing of the purchases of exotic luxury yachts, cars and luxury high end real estate across the globe. 

Special Agent leading the investigation, Gregory W. Ehrie, of the Federal Bureau of Investigations, Newark Field Office said ‘the Federal Investigations tracked down the ill acquired and later traced it back to Stockett and his co-conspirators’ (Weinberg, 2019) . The scheme, which was of a global scale, encompassed illegal kickbacks and bribes. In the plea, Lester Stocked goes on record to admit that he and his co-conspirators, solicited and received kickbacks that were illegal, on diverse occasions from; pharmacies, bribes from patient recruiters, suppliers of the braces and in turn, doctors arranged for medically unnecessary braces intended for Medicare and conspiring with various insurance carriers. 

The Fraud investigators insinuate that Stockett and his conspirators apparently transferred over approximately ten million dollars in illegal kickback cash, according to transactions unravelled. The Federal officers highlight that the trail led them to the bank accounts of PCS CC – LLC, a corporation based in the United States (Weinberg, 2019) . Another is the cash flow to the account of Droneza Consulting; an organization in the Dominican Republic. Lester proceeded in wiring a further 9.8 million dollars from one account on Droneza Consulting which was the credited to AffordADoc bank accounts in the United States (Weinberg, 2019) . Stockett then in an attempt to cover his tracks that he was receiving kickbacks; used multiple bouncing transactions across countries and shell companies. This was with regard to the Video Doctor Network, in the case of brace supplies that were apparently unwarranted for. 

The investigators also unravelled the role of the co-conspirators. An example is of the 62 year old Joseph DeCorso (Stempel, 2019) . He admitted that during the scheme operations, international Tele Marketing Corporation lured him to conceal the fraud with using falsified medical orders. The Fraud Investigations were meticulous and nabbed the major perpetrators and in extension, further linking two-dozen co- conspirators to be charged alongside Stockett. 

Possible Resolutions to Telemarketing Medicare Fraud 

Ultimately, fraud is the omission or action; this may include concealment of a vial material act or misrepresentation thereof. This may be with intent to mislead, directly or indirectly with aim of obtaining benefit. 

The components on fraud ultimately lead to fraudulent acts. The ‘fraud triangle’ has three factors, perceived opportunities, incentives and pressures, and rationalization. The resolutions to telemarketing fraud and especially of Medicare are both systemic and structural (Stempel, 2019) . The first if increase or incorporate into medical companies, a multilevel scrutiny and decision check clauses to the managerial constitution. This ensures that there is no managerial override of key decision that control transactions and warranting of bending of policies (Stempel, 2019) . This may be done by creating a system of a multi-faceted system of checks and balances. This will also be strengthened by enhancing adequate internal controls in major corporations and state institutions. 

With regard to money laundering, the state should be alive to adding trans- national treaties that aid in avoiding facilitation of looted money to be banked in their states. This will seal the loophole of massive amounts being pilfered through such transactions (Minemyer, 2019) . The state should also be alive to the creating statutes that flag large transaction without due diligence being performed. This will ensure the state knows how the money was made, from where and eventual destination account. 

Deterrence factors: This scheme was particularly alarming because the companies used licenced medical professionals were used to draft bogus and unwarranted for medical scripts. This is worrying (Minemyer, 2019) . After verification of Medicare status, federal officials said the Telemarketers directed the patient to remote telemedicine centres for consultation from doctors. As a mode of deterrence, the United States and its constituent Federal Districts ought to create laws that foster tougher punitive measures and sanctions that come from licensed medical professional, violating ethical and professional boundaries (Minemyer, 2019) . Apart from the medical practitioners, managers found guilty should face a higher or maximum sentences to deter would- be offenders. 

Continued civic education: The United States should double down on informing the general public and medical recipients and patients. The fact that Telemarketing scams majorly targeted Medicare recipients (Commins, 2019) . It can be approximated that scams are currently happening, undetected in contemporary medical care systems. Public education, because scammer obtains patients’ or clients’ insurance information, the medical companies bill Medicare unnecessarily to unsuspecting clients (Commins, 2019) . Because the scammers use radio advertisement and television therefore it is of paramount importance that the government reaches out as well in a bid to sensitize the public. 

Ethical Issues Involved 

Healthcare fraud is basically a white-collar crime which revolves around submission of false healthcare and medical claims aimed at obtaining a profit. Some common types of healthcare fraud do include fraud scheme members forging claims for services rendered ostensibly by healthcare professionals (Commins, 2019) . The fact that it is healthcare professional involved in these schemes is worrying. The demarcation of what is essentially what is right and wrong may sometimes appear to be blurred in some cases of medical ethics. Healthcare professionals’ oaths, codes, guidelines and declaration do oblige medical professionals and those in the healthcare sector to be trustworthy. 

Professional misconduct should be constantly aligned to the ever changing dynamics of contemporary society and healthcare systems. This is because scheme members are the eventual victims due to their vulnerability (Commins, 2019) . Internal investigations used to monitor have also become easy to detect and evade in a bid to escape not being nabbed for misconduct (Commins, 2019) . A vital issue is also that major focus if given to highly publicise ethical misconducts in healthcare while the real major rot is in small agencies that aid in perpetration Pharmaceutical companies together with medical device manufactures have been among the healthcare participants’ worst hit (Minemyer, 2019) . Many of the recoveries made indicate that pharmaceutical manufactures improperly promoted their brand consumption. 

References 

Commins, J. (2019). Telemedicine Company Owner Pleads Guilty to $424M Medicare Fraud Scheme | HealthLeaders Media. Retrieved 8 December 2019, from https://www.healthleadersmedia.com/telemedicine-company-owner-pleads-guilty-424m-medicare-fraud-scheme 

Minemyer, P. (2019). New Jersey physician pleads guilty to role in massive telemedicine fraud scheme. Retrieved 8 December 2019, from https://www.fiercehealthcare.com/payer/new-jersey-physician-pleads-guilty-to-role-massive-telemedicine-fraud-scheme 

Stempel, J. (2019). Telemarketer charged in $1.2 billion Medicare fraud scheme pleads guilty in NJ. Retrieved 8 December 2019, from https://www.reuters.com/article/us-usa-health-care-fraud/telemarketer-charged-in-12-billion-medicare-fraud-scheme-pleads-guilty-in-nj-idUSKCN1VR2IH 

Weinberg, T. (2019). Feds charge CEOs, doctors in telemarketing scam that targeted Medicare recipients, costing taxpayers nearly $1 billion. Retrieved 8 December 2019, from https://abcnews.go.com/Politics/feds-charge-ceos-doctors-telemarketing-scam-targeted-medicare/story?id=62258078 

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