Podiatrist and Patient Recruiter Sentenced for $8.5M Compounding Fraud Scheme
US Department of Justice, December 4, 2024
A podiatrist and a patient recruiter were sentenced to 45 months and 60 months in prison, respectively, and ordered to pay over $7 million in restitution for their roles in a scheme to fraudulently bill TRICARE — the health care program for U.S. service members and their families — for compounded creams that were medically unnecessary and procured through kickbacks and bribes.
According to court documents and evidence presented at trial, Brian Carpenter, 58, of Paradise, Texas, was a podiatrist who signed prescriptions for compounded pain and scar creams for TRICARE beneficiaries to whom he never spoke and whom he never examined or treated. Jerry Lee Hawrylak, 71, of Lake Worth, Texas, recruited Carpenter to sign the prescriptions and recruited TRICARE beneficiaries to accept the medically unnecessary creams. From November 2014 to January 2017, Carpenter, Hawrylak, and others caused the Fort Worth-based pharmacy involved in the conspiracy to fraudulently bill TRICARE approximately $8.5 million for these creams. Evidence at trial included so-called standing orders signed by Carpenter that were backdated so the pharmacy could change prescriptions after the fact to maximize TRICARE reimbursement. The prescriptions Carpenter signed and maintained in his office authorized unlimited refills and listed fake addresses for beneficiaries.
In April 2023, a jury in the Northern District of Texas convicted both Carpenter and Hawrylak of one count of conspiracy to commit health care fraud and six counts of health care fraud.
Read more.