A federal jury in Fort Worth convicted a Texas licensed professional counselor for his role in a $26 million health care fraud, kickbacks, and money laundering scheme.
“This verdict makes clear that those who try to defraud the United States will be met with swift and decisive justice,” said Assistant Attorney General Colin M. McDonald of the Department of Justice’s National Fraud Enforcement Division. “This defendant exploited a critical health care program serving active-duty servicemembers and their families, diverting taxpayer dollars to bankroll personal luxuries ranging from hotel stays to a casino-themed party and even a gold‑plated Tesla Cybertruck. Such conduct is an affront to the military community and the American public. The Department of Justice will continue to aggressively pursue anyone who abuses federal programs for personal gain.”
“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 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.”
According to court documents and evidence presented at trial, Kevin D. Curry, 64, of Frisco, Texas, orchestrated a scheme to bill TRICARE for transcranial magnetic stimulation (TMS) therapy that was medically unnecessary or not provided. Curry, the owner and operator of two purported mental health clinics in Texas, Acuity TMS of Plano LLC and Acuity TMS of Fort Worth LLC, and one purported mental health clinic in Florida, Emerald Coast TMS of Fort Walton Beach LLC (collectively, Acuity), offered and paid over $5.5 million in kickbacks to convince active-duty servicemembers, veterans, and their family members to consent to TMS therapy they did not qualify for and, in many instances, did not receive. Curry, who falsely held himself out to be a medical doctor, used actual doctors’ credentials without their knowledge and consent to bill TRICARE as part of the scheme.
In an effort to conceal his fraud, Curry directed employees to fabricate medical records that he submitted to TRICARE to justify his fraudulent billings. Acuity billed TRICARE over $26 million in false, fraudulent, and kickback-tainted TMS claims, based on which TRICARE paid approximately $17 million. Curry laundered some of the proceeds by spending his ill-gotten gains on hotels, a lavish casino-themed party, and a gold-plated Tesla Cybertruck worth over $100,000:
Kevin Curry's gold-plated Tesla Cybertruck, purchased with his fraudulent proceeds.
The jury convicted Curry of three counts of health care fraud, three counts of offering and paying illegal health care kickbacks, and three counts of engaging in monetary transactions in criminal derived property. He is scheduled to be sentenced at a later date and faces a maximum penalty of 10 years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Colin M. McDonald of the Justice Department’s Fraud Division; United States Attorney Ryan Raybould of the Northern District of Texas; Special Agent in Charge Chad Gosch of the Department of Department’s Defense Criminal Investigative Service (DCIS), Southwest Field Office; Special Agent in Charge R. Joseph Rothrock of the FBI Dallas Field Office; Chief William Marlowe of the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU); and Special Agent in Charge Kris Raper of the Department of Veteran’s Affairs Office of Inspector General (VA-OIG), South Central Field Office, made the announcement.
DCIS, FBI, MFCU, and VA-OIG investigated the case.
Assistant U.S. Attorney Ethan Womble for the Northern District of Texas and Trial Attorneys Adam Tisdall and Yael Mash of the Fraud Division’s Health Care Fraud Section are prosecuting the case.
On April 7, the Department of Justice announced the creation of the National Fraud Enforcement Division (Fraud Division). The Fraud Division is laser-focused on investigating and prosecuting those who commit fraud against the American people. The Department’s work to combat fraud supports President Trump’s Task Force to Eliminate Fraud, a whole-of-government effort chaired by Vice President J.D. Vance to eliminate fraud, waste, and abuse within Federal benefit programs.
The Department of Justice’s Health Care Fraud Strike Force Program, currently comprised of nine strike forces operating in federal districts across the country, has charged more than 6,200 defendants who collectively billed federal health care programs and private insurers more than $45 billion since 2007. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
