Two Individuals Admit Participating In Health Care Fraud And Kickback Schemes

NEWARK, N.J. – An Indiana man and an Arizona man yesterday admitted their roles in a health care fraud conspiracy in which they received payment for doctors’ orders for durable medical equipment (DME), namely orthotic braces, and genetic test referrals, U.S. Attorney Philip R. Sellinger announced.

Scott Wohrman, 50, of Florence, Arizona, pleaded guilty by videoconference before U.S. District Judge Kevin McNulty to an information charging him with one count of conspiracy to violate the Federal Anti-Kickback statute and one count of conspiracy to commit health care fraud. On Jan. 24, 2023, David Heneghan, 53, of Indianapolis, Indiana, pleaded guilty to conspiracy to violate the Federal Anti-Kickback statute and conspiracy to commit health care fraud.
According to documents filed in this case and statements made in court:

Heneghan and Wohrman operated American Health Screening (AHS), a company that purportedly provided marketing services to laboratories. From July 2020 through January 2021, Heneghan, Wohrman, and others agreed to engage in a scheme to provide DME orders and genetic testing referrals for Medicare beneficiaries in exchange for kickbacks of approximately $1,500 per patient or for each test that resulted in a reimbursement from Medicare. Heneghan and Wohrman entered into a sham contract and utilized fraudulent invoices to make it appear that AHS was being paid for legitimate services and to conceal their fraudulent kickback scheme. Heneghan and Wohrman received kickbacks of at least $547,310 for durable medical equipment and at least $18,319 for genetic testing. Heneghan and Wohrman’s scheme resulted in an actual loss to Medicare of at least $565,629.

Heneghan and Wohrman previously pleaded guilty in the Northern District of Texas to an information charging them with conspiracy to defraud the Federal Anti-Kickback statute.

The count of conspiracy to commit health care fraud carries a maximum potential punishment of 10 years in prison. The count of conspiracy to violate the Anti-Kickback Statute carries a maximum potential penalty of five years in prison. Both offenses are also punishable by a fine of $250,000 or twice the gross gain or loss from the offense. Sentencing for Heneghan and Wohrman is scheduled for September 6, 2023.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Acting Special Agent in Charge Naomi Gruchacz; the U.S. Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick Hegarty; the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office under the direction of Special Agent in Charge Christopher Algieri with the investigation leading to the guilty pleas.

The government is represented by Assistant U.S. Attorney Ray Mateo of the U.S. Attorney’s Office, Opioid Abuse Prevention and Enforcement Unit in Newark.

Defense counsel:
Heneghan: Aaron M. Cohen Esq., Delray Beach, Florida
Wohrman: Michael Hursey Esq., and Paul Molle Esq., Ft. Lauderdale, Florida