Florida Man Indicted for DME Fraud Scheme

GREENVILLE, South Carolina—A federal grand jury has returned a five-count indictment against Mark Weinberger, 62, of Lake Worth Beach, Florida, for health care fraud, wire fraud and conspiracy to commit health care fraud and wire fraud.

The indictment alleges that Weinberger, who was excluded from Medicare for a minimum of 15 years because of a prior conviction, was a beneficial owner and managing employee of a durable medical equipment (DME) company enrolled with Medicare and submitted a false enrollment document to Medicare to conceal Weinberger and another’s true ownership and control over the DME company. 

It is further alleged that Weinberger and his coconspirators generated doctors’ orders for orthotic braces using call centers, including a call center in Greenville, South Carolina, and submitted to Medicare, through the DME company, false and fraudulent claims in the approximate amount of $6.7 million that were obtained by the payment of illegal kickbacks and bribes, medically unnecessary or otherwise ineligible for reimbursement. Medicare paid approximately $3.4 million on those claims.

Weinberger faces a maximum penalty of 20 years for the wire fraud and wire fraud conspiracy counts and a maximum penalty of 10 years for the health care fraud and health care fraud conspiracy counts. Weinberger was arrested in the Southern District of Florida on Nov. 6. Weinberger is scheduled for arraignment in the District of South Carolina on Monday, Nov. 24, in front of the United States Magistrate Judge Kevin McDonald.