Florida Man Admits Role in $4.6 Million Kickback Scheme Related to Genetic Testing

NEWARK, N.J. – A Florida man admitted his role in a conspiracy to receive kickbacks and bribes from laboratories in exchange for referrals of patient DNA samples and genetic tests, Attorney for the United States Vikas Khanna announced today.

Jeffrey Tamulski, 50, of Tampa, Florida, pleaded guilty before U.S. District Judge Brian R. Martinotti in Newark federal court on March 26, 2024, to a superseding information charging him with conspiracy to commit an offense against the United States in connection with a scheme to violate the Anti-Kickback Statute. Tamulski and five co-defendants were previously charged by indictment in September 2019 in connection with the conspiracy and a related health care fraud scheme.

According to documents filed in this case and statements made in court:

On behalf of certain laboratories, Tamulski recruited outside marketing groups, including Ark Laboratory Network LLC, a company owned by Tamulski’s conspirators, to refer patients’ DNA samples to the laboratories for genetic tests. Tamulski and certain conspirators entered into kickback agreements with laboratories under which the laboratories paid Ark bribes in exchange for delivering DNA samples and orders for genetic tests. Ark concealed these kickback arrangements by issuing sham invoices to laboratories that purportedly reflected services provided at an hourly rate even though the parties had already agreed upon the bribe amount, which was based on the revenue the laboratories received from Medicare or an amount paid for each DNA sample. From January 2018 through January 2019, Medicare paid these laboratories approximately $4.6 million for genetic tests that resulted from the referrals and DNA samples that Ark delivered to the laboratories in exchange for bribes. In turn, the laboratories paid Ark at least $1.8 million in bribes.

The charge to which Tamulski pleaded guilty carries a maximum penalty of five years in prison and a fine of $250,000, or twice the gross grain or loss from the offense whichever is greatest. Tamulski’s sentencing is scheduled for Aug. 6, 2024.

Co-defendants Kacey C. Plaisance, of Altamonte Springs, Florida; Kyle D. McLean, of Arlington Heights, Illinois; Edward B. Kostishion, of Lakeland, Florida; and Jeremy Richey, of Mars, Pennsylvania, previously pleaded guilty and all are awaiting sentencing.

Matthew Ellis, of Gainesville, Florida, was charged in connection with a related health care fraud scheme and his case is still pending; the charges and allegations against Ellis are merely accusations, and he is presumed innocent unless and until proven guilty.

Attorney for the United States Khanna credited special agents of the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz; and special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Special Agent in Charge Thomas J. Mahoney, with the investigation leading to the guilty plea.

The government is represented by Assistant U.S. Attorney Bernard J. Cooney of the National Security Unit and George L. Brandley of the Health Care Fraud Unit.