In Trenton federal court on Aug. 22, a Florida man admitted his role in a durable medical equipment kickback scheme.

U.S. Attorney for New Jersey Philip Sellinger announced Tuesday that Patrick Fitchner, 51, of Orlando, Fla., pleaded guilty to one count of conspiracy to commit health care fraud.

According to prosecutors, Fitchner and his conspirators solicited and received kickbacks and bribes in exchange for providing durable medical equipment (DME) companies with completed doctors’ orders for medically unnecessary DME, such as orthotic braces. Prosecutors say the conspiracy took place from early March 2020 until June 2021 in New Jersey and elsewhere.

“Generally, defendant Fitchner generated DME orders by identifying qualified beneficiaries located in New Jersey and elsewhere using marketing call centers under his direction,” the indictment alleged. “Once beneficiaries were identified, defendant Fitchner and his co-conspirators used telemedicine companies to secure DME orders, regardless of medical necessity.”

“The DME orders were subsequently fraudulently billed to Medicare and other health care benefit programs,” according to case documents and court statements. “Fitchner and his conspirators were paid approximately $2.1 million in kickbacks for these DME orders and caused losses to Medicare and other health care benefit programs of at least $3.6 million.”

“The defendant admitted that he and his conspirators submitted millions of dollars’ worth of claims to Medicare and other health benefit programs that they knew were procured through the payment of kickbacks and bribes,” said Sellinger. “Their scheme caused Medicare to pay out $3.6 million in fraudulently obtained reimbursements. Protecting our health care system from schemers like this is a full-time job, and we will use all the tools at our disposal to do so.”

“Many scammers who commit health care fraud may believe the system is so complex that no one will miss a few thousand dollars here or a few million dollars there,” said FBI – Newark Special Agent in Charge James Dennehy. “The problem with that premise is we are paying attention, and our job as the FBI is to protect the general public from criminals who think they can game the system. Fitchner and his conspirators are now paying for their crimes, and others looking to follow suit should take note.”

The conspiracy count carries a maximum penalty of 10 years in prison and a fine of $250,000, or twice the gross profit or loss caused by the offense – whichever is greatest.

Fitchner’s sentencing is scheduled for Jan. 9, 2024.

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