HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Frank Suess (a.k.a., Franz P. Suess), age 79, of Wellington, Florida, pleaded guilty before Senior United States District Judge Malachy E. Mannion to conspiracy to commit health care fraud and conspiracy to violate the anti-kickback statute. Suess also agreed to forfeit a commercial property in Wellington, Florida that he used to carry out his offenses.Four individuals who were charged along with Suess are still pending trial: Luis Salgado, age 51, of Naperville, Illinois and Davenport, Florida; Melissa Driscoll, age 44, of East Stroudsburg, Pennsylvania; Victor Velazco, age 36, of Loxahatchee, Florida; Dave Singh, age 38, of Pembroke Pines, Florida. Two defendants who were also charged along with Suess previously pleaded guilty and are awaiting sentencing: Warren Pizik, age 69, of Davie, Florida and Diana Castro, age 54, of Brooklyn, New York.According to United States Attorney Brian D. Miller, Suess admitted that between 2019 and 2020, he and his codefendants conspired to commit health care fraud through an arrangement designed to bill individuals’ health insurances for medically unnecessary prescription drug combinations known as “foot baths.” Foot baths were purported to be an antibiotic and antifungal “foot soak” treatment that patients were supposed to mix together and dissolve in a warm water solution, using a plastic foot tub. The combinations of prescription drugs contained in foot baths varied over time, but they generally included high-cost drugs that were not intended for or approved for use in a foot bath, including vancomycin capsules, tobramycin vials, calcipotriene cream, moxifloxacin eye drops, clindamycin phosphate solution, and ketoconazole cream.Suess also admitted that he and certain codefendants acquired control of pharmacies in a way that allowed Suess to conceal his involvement in their business affairs. One such pharmacy was Sterling Pharmacy, which was located in Jermyn, Pennsylvania. Suess, using a company that he controlled called Medivalue Florida LLC, financed the purchase and initial operating expenses for Sterling Pharmacy through a loan to Melissa Driscoll around March 2018. In a similar manner, Suess financed the purchase of DCE Pharmacy, located in Texas, and Motto Pharmacy, located in Florida.Once they got control of pharmacies, Suess and other defendants used those pharmacies to generate profits by steering high-cost prescription drug mail orders, including foot baths, to those pharmacies. Pharmacies were selected to fulfill prescription drug orders based on which insurance plans they could bill through and for the amounts they could bill for such drugs. When the pharmacies were investigated for those dispensing practices, Suess and his codefendants used various tactics to continue concealing Suess’s involvement. In addition, Suess and others acquired control of various pharmacies so that they could continue generating profit from prescription drug mail orders even if one pharmacy was suspended or terminated by a pharmacy benefit manager because of its business practices.Suess admitted that the scheme to bill for fraudulent foot bath orders involved getting prechecked, templated order forms through “health fairs” in the New York area organized by certain codefendants and their associates. Each of these forms was for large quantities of certain expensive prescription drugs. The forms were prechecked to permit multiple refills without any further patient evaluation or involvement of a medical provider. Suess admitted that he and his codefendants made no effort prior to fulfilling these orders to confirm that any individual recipient wanted or agreed to receive such foot bath drugs.Suess also admitted that he and his codefendants knowingly ignored complaints from individuals who received foot baths…
Source: U.S. Department of Justice