Damian Williams, the United States Attorney for the Southern District of New York, announced today the arrest of Alan Swiss on charges of healthcare fraud and conspiracy to violate the Anti-Kickback Statute. Swiss is the third defendant charged, following the arrests in December of co-defendants Erin Foley and Ted Albin. As alleged in a four-count Indictment unsealed today, Swiss ran two medical supply companies that illegally submitted more than $17 million in claims to Medicare, submitting those claims through a Medicare billing company run by Foley and Albin. Foley and Albin are charged with using that billing company to bill Medicare for more than $25 million in fraudulent claims for durable medical equipment (DME), on which Medicare and related private insurers paid out more than $9 million. According to statements made in court and publicly filed documents in this case: From approximately 2016 through April 2019, SWISS operated Tropical Medical Marketing, Inc., a call center which cold-called Medicare beneficiaries and used their personal and medical information without the beneficiaries’ knowledge or consent to prepare orders for DME. Swiss then sold these DME orders to co-conspirators who illegally obtained purported signatures or “authorizations” of healthcare providers so that fraudulent claims could be submitted to Medicare for reimbursement.
