A federal jury in Fort Worth has convicted a Texas-licensed professional counselor for his role in a $26 million health care fraud, kickback, and money laundering scheme involving TRICARE, the U.S. Department of Justice said.
Kevin D. Curry, 64, of Frisco, was found guilty on nine federal charges stemming from the case. The convictions include three counts of health care fraud, three counts related to the illegal offering or payment of health care kickbacks, and three counts involving financial transactions with proceeds derived from criminal activity.
Curry will be sentenced at a later date. Each of the nine charges carries a potential maximum sentence of 10 years in federal prison. The final punishment will be determined by a federal judge after reviewing the applicable U.S. Sentencing Guidelines and other factors required by law.
Jury Finds Fraud Targeted TRICARE
According to court documents and evidence presented during the trial, Curry operated Acuity TMS of Plano LLC and Acuity TMS of Fort Worth LLC in Texas, along with Emerald Coast TMS of Fort Walton Beach LLC in Florida.
Prosecutors said Curry orchestrated a scheme involving transcranial magnetic stimulation, or TMS, therapy that was either medically unnecessary or not provided.
The clinics allegedly offered and paid more than $5.5 million in kickbacks to persuade active-duty service members, veterans, and their family members to agree to TMS treatments for which they did not qualify.
In some cases, prosecutors said, the treatments were never provided.
The Justice Department also alleged that Curry falsely represented himself as a medical doctor and used the credentials of physicians without their knowledge or permission to submit claims to TRICARE.
More Than $17 Million Paid by TRICARE
According to prosecutors, Curry directed employees to create false medical records to support claims submitted to TRICARE.
The clinics submitted more than $26 million in fraudulent and kickback-tainted TMS claims, resulting in approximately $17 million in payments from TRICARE, prosecutors said.
The Justice Department said Curry used some of the proceeds for personal expenses and luxury purchases, including hotel stays, a casino-themed party and a gold-plated Tesla Cybertruck valued at more than $100,000.
Assistant Attorney General Colin M. McDonald of the Justice Department’s National Fraud Enforcement Division said the case demonstrates the department’s focus on fraud involving federal health care programs.
“Kevin Curry shamelessly preyed on the trust of servicemembers, veterans, and their families, siphoning millions from TRICARE through lies and coercion,” said U.S. Attorney for the Northern District of Texas Ryan Raybould. “He fabricated medical records, stole doctors’ identities and clogged the system with fraudulent claims, all while lining his pockets with kickback‑tainted money.”
“This conviction sends an unmistakable message that those who manipulate our military community and defraud federal healthcare programs will face the full force of federal prosecution,” he added.
Multiple Agencies Investigated Case
The investigation was conducted by the Department of Defense Criminal Investigative Service, FBI, Texas Attorney General’s Medicaid Fraud Control Unit, and the Department of Veterans Affairs Office of Inspector General.
The case was prosecuted by Assistant U.S. Attorney Ethan Womble for the Northern District of Texas and Justice Department Fraud Division trial attorneys Adam Tisdall and Yael Mash.
The Justice Department’s Health Care Fraud Strike Force Program has charged more than 6,200 defendants since 2007, according to the department. Those defendants collectively were accused of billing federal health care programs and private insurers for more than $45 billion.
The department created its National Fraud Enforcement Division in April to investigate and prosecute fraud against the American people.
