September 5, 2023 – A federal jury in Nashville has convicted Doctor Benjamin T. Toh, 68, of Chicago, Illinois, for his role in a more than $9.5 million health care fraud conspiracy, announced United States Attorney Henry C. Leventis for the Middle District of Tennessee.
The defendant was indicted by a federal grand jury in December 2022. He was convicted of conspiracy to violate the federal Anti-Kickback Statute after a two-week trial.
According to the evidence at trial, the defendant, who was enrolled as a Medicare provider and licensed to practice medicine in multiple states, worked with purported telemedicine companies to obtain access to Medicare and Medicaid patients around the country. From March 2019 through September 2019, he and others caused the submission of more than $9.5 million in fraudulent claims to Medicare and Medicaid for cancer genetic tests. The defendant ordered thousands of these tests despite never actually meeting the patients in person or via telemedicine and never reviewing test results.
In exchange for providing signed orders for genetic testing, the defendant was paid kickbacks by co-conspirator telemedicine companies. These companies were, in turn, paid by co-conspirator marketing companies that targeted Medicare and Medicaid patients through door-to-door marketing, at senior fairs, at nursing homes, and at other locations, and convinced patients to provide their genetic material via a mouth swab kit.
The marketers then provided the swab kits to a lab in Spring Hill, Tennessee, for laboratory cancer genetic testing and in exchange for kickbacks paid to them by the lab. The lab billed Medicare and Medicaid for the tests.
“The defendant abused the trust Medicare placed in him to enrich himself and his co-conspirators at the expense of Medicare recipients and taxpayers,” said United States Attorney Henry C. Leventis. “The jury’s verdict should serve as a powerful reminder that health care providers who do so will be held accountable.”
Based on the count of conviction, the defendant faces up to 5 years in prison and a $250,000 fine. He will be sentenced on January 9, 2024. The jury was unable to reach a verdict on a second conspiracy charge.
This case is being investigated by the U.S. Department of Health & Human Services-Office of Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorneys Sarah K. Bogni and Robert S. Levine are prosecuting the case.