Local pharmacist convicted of defrauding Medicaid program

Posted by Trina Kinstler - email

COLUMBUS, OH - A local pharmacist has been convicted in United States District Court of 37 counts of defrauding the Ohio Medicaid Program by submitting "dummy" prescriptions from the Main Street Pharmacy he co-owned in Blanchester. The loss to Medicaid is at least $300,000 and could be as much as $1.1 million.

The verdict was returned Monday against Pharmacist Brian L. Martin, of Wilmington, after the conclusion of a 10-day bench trial that began Sept. 2.

Investigators say Martin forged prescriptions for drugs including Zyprexa, Zofian, Imitrex and routinely entered and submitted, or directed pharmacy technicians to routinely enter and submit, "dummy" prescriptions for these drugs and others into the Medicaid electronic billing system.

Martin, a pharmacist, knew that the "dummy" prescriptions were never prescribed by physicians nor dispensed by the pharmacy.

Martin carried out the scheme between March 1, 2004 and September 14, 2005.

Judge Edmund Sargus convicted Martin of 21 counts of making health care false statements and 16 counts of health care fraud. Each count of making health care false statements carries a maximum punishment of up to five years. Each count of health care fraud is punishable by up to ten years.

Judge Sargus will set a date for sentencing. An exact amount of loss will be calculated prior to sentencing and could be considered as a factor in Martin's sentence.