U.S. Attorney Announces Participation in Coordinated National Health Care Fraud Enforcement Action

Louisville, KY – U.S. Attorney Michael A. Bennett announced criminal charges against four defendants in connection with two health care fraud and opioid abuse scheme cases prosecuted in the Western District of Kentucky, as part of the Department of Justice’s 2023 National Health Care Fraud Enforcement Action. The charges stem from pharmacy owners and employees taking opioids from their pharmacies and distributing the drugs on the street and, in some instances, billing insurance fraudulently.

“This nationwide enforcement action demonstrates that the Criminal Division is committed to fighting health care fraud and opioid abuse by prosecuting those who exploit health care benefit programs and patients for personal gain,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s announcement includes some of the largest and most complex cases that the Department has prosecuted, and demonstrates the Department’s commitment to seeking justice for those at all levels of the healthcare industry who put profits above patient care, from professionals in doctors’ offices to executives in corporate boardrooms.”

The charges announced today by U.S. Attorney Bennett are part of a strategically coordinated, two-week nationwide law enforcement action that resulted in criminal charges against 78 individuals for their alleged participation in health care fraud and opioid abuse schemes that resulted in over $2.5 billion in alleged fraud. The defendants allegedly defrauded programs entrusted for the care of the elderly and disabled, and, in some cases, used the proceeds of the schemes to purchase luxury items, including exotic automobiles and yachts.

In the Western District of Kentucky, two separate cases were charged on June 14, 2023, and June 26, 2023. The charges included conspiracy to commit theft of medical products, conspiracy to unlawfully distribute controlled substances, health care fraud, aggravated identity theft, and making a false writing.

Specifically, in United Stated v. Joseph and Jenifer Huff, pharmacist Joseph Patrick Huff, 44, and Jenifer Huff, 44, of Bowling Green, Kentucky, were charged by superseding indictment on June 14, 2023, with one count of conspiracy to commit theft of medical products, one count of conspiracy to unlawfully distribute controlled substances, six counts of health care fraud-Adderall fraud, four counts of health care fraud-Eliquis fraud, two counts of health care fraud-Nicotrol and Linzess fraud, one count aggravated identity theft, and one count of making a false writing. The indictment charges the Huffs with conspiring to take, carry away, and conceal and knowingly possess, transport and traffic a pre-retail medical product, namely oxycodone and hydrocodone, with a value over $5000, and conspiring to sell and trade the oxycodone and hydrocodone for marijuana, methamphetamine, and cocaine. Additionally, Joseph Huff is charged with falsely and fraudulently billing various health care benefit programs for Adderall XR to obtain a higher reimbursement rate. Joseph Huff also is charged with falsely and fraudulently billing commercial insurance for dispensing Eliquis to a patient when in fact the patient never received the Eliquis medication. In addition, Joseph Huff and Jenifer Huff are charged with falsely and fraudulently billing Kentucky Medicaid for prescriptions dispensed to Jenifer Huff when in fact no physician or nurse practitioner issued an order for the prescriptions. Joseph Huff is also charged with using the name and National Provider Identifier number of a physician without lawful authority when he billed Kentucky Medicaid for a prescription dispensed to Jenifer Huff. Finally, Joseph Huff is charged with filing a false DEA Form 106, reporting the theft of narcotics, which were not actually stolen.

In United States v. Stephen Troy Wilmoth and Ashley Ramsey-Wilmoth, Stephen Troy Wilmoth, 45, and pharmacy technician Ashley Ramsey-Wilmoth, 41, of Hodgenville, Kentucky, were charged by information on June 27, 2023, with one count of conspiracy to commit theft of medical products and one count of conspiracy to unlawfully distribute controlled substances. The information charges the Wilmoths with conspiring to take, carry away, and conceal and knowingly possess, transport and traffic a pre-retail medical product, namely oxycodone and hydrocodone, with a value over $5000, and conspiring to sell and trade the oxycodone and hydrocodone. Ashley Ramsey-Wilmoth, an employee of Century Medicines, a retail pharmacy in the supply chain for oxycodone and hydrocodone, took, carried away and concealed unopened bottles of oxycodone and hydrocodone from Century Medicines prior to the oxycodone and hydrocodone being made available for retail purchase by a consumer. She then provided the oxycodone and hydrocodone to her husband, Stephen Troy Wilmoth, to sell and distribute.

These cases are being investigated by the DEA, the Bowling Green/Warren County Drug Task Force, the Kentucky State Police, and the Warren County Sheriff’s Office with the assistance of the Kentucky Cabinet for Health and Family Services Office of Inspector General.

These cases are being prosecuted by Assistant U.S. Attorney Joe Ansari.

Principal Assistant Deputy Chief Jacob Foster and Acting Assistant Chief Rebecca Yuan of the National Rapid Response Strike Force of the Criminal Division’s Fraud Section led and coordinated the enforcement action. The Health Care Fraud Unit’s Strike Forces in Brooklyn, Dallas, Detroit, the Gulf Coast, Houston, Los Angeles, Miami, Newark, and Tampa; the Health Care Fraud Unit’s National Rapid Response Strike Force; the U.S. Attorneys’ Offices for the Middle District of Florida, Southern District of Florida, Southern District of Georgia, District of Idaho, Western District of Kentucky, Eastern District of Louisiana, Middle District of Louisiana, District of New Jersey, Eastern District of New York, Southern District of Ohio, District of South Carolina, Southern District of Texas, Eastern District of Washington, and Eastern District of Wisconsin; and the State Attorney Generals’ Offices for Indiana, New York, and Pennsylvania are prosecuting these cases, with assistance from the Health Care Fraud Unit’s Data Analytics Team. Descriptions of cases involved in today’s enforcement action are available on the Department’s website at www.justice.gov/criminal-fraud/health-care-fraud-unit/2023-national-hcf-court-documents.

The Fraud Section uses the Victim Notification System to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing victimassistance.fraud@usdoj.gov. To learn more about victims’ rights, please visit www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas, and for further information for victims about new federal charges in connection with the HIV scheme, please visit www.justice.gov/criminal-vns/case/united-states-v-steven-diamantstein.

A complaint, information, or indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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