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Friday, November 14, 2014

Two Arrested in Illegal Kickbacks Case Involving Clinical Laboratory Testing

A Florida man who is already facing health care fraud and money laundering charges in federal court in Tampa was arrested again today, along with the owner of a health care marketing company, in an alleged illegal cash-for-patients kickback scheme involving clinical laboratory testing. 

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney A. Lee Bentley III of the Middle District of Florida, Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office, and Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.

David Brock Lovelace, 44, of Land O’ Lakes, Florida, and Dale B. DuBois, 61, of Melbourne, Florida, were arrested on a criminal complaint charging them with conspiracy to defraud the Medicare program and pay illegal kickbacks.  Lovelace was charged by indictment in May 2014 with health care fraud and money laundering offenses in a case pending in the Middle District of Florida.  After being arrested in that case, Lovelace was released on bond and ordered not to commit crimes or engage in any occupation relating to the health care services industry. 

According to allegations in the criminal complaint filed in the new case, Lovelace and DuBois, a managing member of Healthcare Marketing Florida LLC, paid cash kickbacks to purported medical clinics in Miami-Dade County, Florida, in exchange for DNA test samples and patient information.  Lovelace and DuBois then allegedly provided the test samples and patient information to laboratory companies for their submission of reimbursement claims to Medicare for clinical diagnostic laboratory services.  Over the past 14 months, Lovelace has allegedly received more than $675,000 from one of the laboratory companies for the samples. 

The charges contained in a complaint or indictment are merely accusations, and a defendant is presumed innocent unless and until proven guilty.

This case is being investigated by the FBI and HHS-OIG and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and U.S. Attorney’s Office for the Middle District of Florida.  This case is being prosecuted by Senior Trial Attorney Christopher J. Hunter of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,000 defendants who have collectively billed the Medicare program for more than $6 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Team (HEAT), go to: www.stopmedicarefraud.gov.

Updated November 14, 2014