Public Notices and Press Releases

Bronx Man Pleads Guilty in COVID-19 Testing Kickback Scheme

David Weathers Admits to Conspiring in Illegal Kickback Operation Impacting Health Care Programs

NEWARK, N.J. – In a significant development highlighting the ongoing efforts to safeguard the integrity of healthcare services, David Weathers, a 61-year-old resident of Bronx, New York, has entered a guilty plea in connection to a kickback conspiracy centered around COVID-19 testing. This admission took place in Newark federal court before U.S. District Judge Brian R. Martinotti on February 26, 2024, marking a pivotal moment in the fight against healthcare fraud.

Weathers faced charges for his involvement in a scheme that solicited illegal kickbacks in exchange for the referral of COVID-19 test samples to a specific laboratory. This case not only sheds light on the unscrupulous practices that have attempted to exploit the healthcare system during a global pandemic but also underscores the commitment of federal authorities to uphold medical ethics and legal standards.

The defendant in this case has admitted to seeking payments for sending COVID-19 tests to a particular lab for processing. There is no place in our health care system for illegal payments made in an attempt to influence medical decisions. My office will continue to prosecute those who attempt to corrupt the health care system,” stated U.S. Attorney Philip R. Sellinger, emphasizing the seriousness with which such offenses are regarded.

FBI – Newark Special Agent in Charge James E. Dennehy highlighted the rapidity with which individuals like Weathers sought to capitalize on the pandemic for personal gain, targeting federal funds allocated for emergency health responses. The investigation revealed that Weathers and his associates solicited kickbacks from Metpath Laboratories, a clinical laboratory in Parsippany, New Jersey, for referring COVID-19 test samples. These actions led to fraudulent billing to Medicare and other healthcare benefit programs, resulting in a loss exceeding $3.5 million to federal healthcare programs.

The charge of conspiracy to violate the Anti-Kickback Statute carries a maximum potential penalty of five years in prison and a fine of up to $250,000, or twice the gross profit or loss caused, depending on which is greater. The sentencing is scheduled for July 10, 2024, which will conclude this chapter of a concerted effort by federal agencies to address and deter healthcare fraud.

This case was brought to light through the diligent work of the FBI, with special commendation for the agents under the direction of Special Agent in Charge James E. Dennehy in Newark. Assistant U.S. Attorney DeNae Thomas of the Health Care Fraud Unit in Newark represents the government, highlighting the collaborative effort to ensure justice is served and the health care system is protected from fraudulent activities.

As this case progresses toward sentencing, it remains a stark reminder of the vigilance required to protect the integrity of healthcare services and the legal and ethical obligations of those involved in the medical profession.

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