Medicare fraud plot nets doctor $5.4 million in conviction

May 2 :
A doctor from New Jersey was found guilty by a federal jury on April 26, 2024, for his role in the telemarketing operation that resulted in more than $5.4 million in false claims for orthotic braces. The 51-year-old Sewell, New Jersey, doctor Dr. Adarsh Gupta was found by telemarketers who persuaded more than 2,900 Medicare recipients to get orthotic braces that were not necessary, according to a Justice Department press release citing trial testimony and court records. Gupta recommended orthotic braces for the recipients after a quick phone conversation.

After a brief phone conversation, Gupta allegedly gave an undercover agent a series of braces—including those for the back, shoulders, wrists, and knees—as stated in the press release. Another case involves a Medicare recipient whose legs had been amputated before Gupta recommended a knee brace. During his brief telephonic meetings with the beneficiaries, "the evidence presented at trial showed that Gupta could not possibly have diagnosed them or determined that the braces were medically necessary," the Justice Department stated.

"Brace supply companies billed Medicare more than $5.4 million using Gupta's false prescriptions," the news announcement continued.
Juried on three charges of healthcare fraud and two counts of health care-related false statements, Gupta was found guilty. The maximum penalty for each act of health care fraud is ten years in prison, and for each count of false statements pertaining to health care problems is five years. His sentencing is set for October 8, 2024. After taking into account certain considerations outlined in statute, a judge in a federal district court will decide on a punishment.