Two physicians in Fresno, Calif., have agreed to collectively pay more than $2.4 million to resolve allegations that they participated in a kickback scheme involving directing prescriptions to a group of mail-order pharmacies in two separate settlements.
According to a Nov. 21 news release from the Department of Justice, the first settlement involves podiatrist Jagpreet Mukker, DPM, and his medical corporation, Jay Mukker, DPM Inc. Dr. Mukker acknowledged that from 2016 to 2020, he accepted payments in connection with prescriptions he ordered to a series of "indistinguishable mail-order pharmacies" run by Matthew Peters. Through this arrangement, Dr. Mukker received kickbacks, described as "investment returns," connected to investments in management service organizations run by Mr. Peters.
Kickbacks from those investments were multiple times the amount of capital initially paid into the venture within the first few months, amounting to $117,400 in payouts to Dr. Mukker per year, incentivizing him to send prescriptions to Mr. Peters pharmacy. The arrangement included an agreed-upon exchange of payments for prescriptions, with the prescriptions being a condition of investment.
Separately, the first settlement also alleges that between January 2017 and November 2023, Dr. Mukker and his corporation submitted false claims for peripheral venous studies under the guise of covered evaluations and management services, knowing that the studies would not be covered by Medicare. He and his practice billed Medicare for these services using a code for physician evaluation and management services that was not consistent with what had been provided to the patient. Dr. Mukkker and his corporation will pay almost $1.6 million to the government to resolve the allegations.
In the second settlement, Fresno pain medicine specialist Amitabh Goswami, DO, and his medical corporation California Pain Consultants agreed to pay $835,000 to resolve allegations that they participated in the same kickback scheme.