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Plano business owner pleads guilty to conspiracy in COVID-19 test fraud scheme

The man submitted nearly $4 million in claims for the over-the-counter COVID-19 tests and received approximately $1.7 million in reimbursement for the claims.
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PLANO, Texas — A Plano man pleaded guilty Thursday to orchestrating a fraudulent scheme to obtain approximately $1.7 million from Medicare, federal officials announced.

The U.S. Department of Justice said 55-year-old Damon Heath Roberts was charged in September 2023 and pleaded guilty to one count of conspiracy to solicit or receive kickbacks for referrals to a federal health care program.

According to court documents, Roberts, owner of JDS Labs, admitted that he and others, including medical providers and others with access to patient information, began sharing Medicare beneficiary information so that JDS Labs could bill Medicare for over-the-counter COVID-19 tests. 

Roberts, in exchange for the patient information, would pay a kickback based on the reimbursement from Medicare to the medical providers or other individuals, DOJ officials said in a release.

Roberts tried to conceal the kickback payments through the use of passthrough arrangements and cash payments, the DOJ added. Roberts submitted nearly $4 million in claims for the over-the-counter COVID-19 tests and received approximately $1.7 million in reimbursement for the claims.  The DOJ said he also paid approximately $149,066 in bribes and kickbacks.

Roberts will be sentenced on March 28, 2024 and faces a maximum penalty of five years in federal prison.

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