Information — United States v. Kevin Karl Wills Jr., Middle District of Florida (Document 1)

Summary

A criminal information in United States of America v. Kevin Karl Wills Jr., filed August 8, 2024 as Document 1 in No. 3:24-cr-00166-TJC-LLL in the U.S. District Court for the Middle District of Florida, Jacksonville Division. Count One charges conspiracy under 18 U.S.C. § 371 to receive health care kickbacks and to sell Medicare beneficiary identification numbers. The information alleges that from about January 2023 to June 2023 Wills and a co-conspirator, through Meta Laboratory Consulting LLC, recruited marketers to sell beneficiary information to SWL Services LLC, which shipped over-the-counter COVID-19 tests that beneficiaries had not requested. It alleges approximately 152,000 false and fraudulent claims and Medicare reimbursements of approximately $14,405,700, and seeks forfeiture of approximately $652,312. The signature block names United States Attorney Roger B. Handberg.

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Case 3:24-cr-00166-TJC-LLL Document1 Filed 08/08/24 Page 1 of 7 PagelD 1

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

UNITED STATES OF AMERICA

Mo Case No. 3:24-cr- (64-TIC -LLL

18 U.S.C. § 371
KEVIN KARL WILLS JR.

INFORMATION

The United States Attorney charges:

COUNT ONE

A. Introduction
At all times material to this Information:

1. Medicare was a federally funded health care benefit program that

provided medical coverage for persons age 65 and over and for persons under age 65

who were disabled.

2. Medicare was a “health care benefit program” as defined in 18 U.S.C.

§ 24(b) and a “Federal health care program” as defined in 42 U.S.C. § 1320a-7b(f).

a Medicare was divided into four parts: A, B, C, and D. Part B provided

supplementary medical insurance benefits that covered certain doctors’ services,

outpatient care, preventive services, and medical supplies.

4, Each Medicare beneficiary was identified with a unique beneficiary

identifier number (“BIN”). These BINs were used, among other things, to determine

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Case 3:24-cr-00166-TJC-LLL Document 1 Filed 08/08/24 Page 2 of 7 PagelD 2

a beneficiary’s eligibility for Medicare benefits, and to submit claims to Medicare
seeking reimbursement for covered benefits, items, and services. Two types of BINs
established under Title 42, United States Code, Chapter 7, subsection XVIII, were
Health Insurance Claim Numbers (HICNS”) and Medicare Beneficiary Identifiers
(“MBIs”).

5. HICNs were typically comprised of the beneficiary’s social security
number and often included one or more additional letters. In 2015, Congress passed
the Medicare Access and CHIP Reauthorization Act (“MACRA”), which mandated
the phase-out of the use of social security numbers in the assignment of BINs.

6. From April 4, 2022, until the declared end of the COVID-19 public
health emergency on May 11, 2023, Medicare covered and paid for OTC (“over the
counter,” i.e., not prescribed or ordered by a physician) rapid antigen COVID-19
tests for beneficiaries with Medicare Part B, at no cost to the beneficiaries. However,
Medicare regulations provided that Medicare would pay for such tests only if a
beneficiary requested the tests.

7. SWL Services LLC was a corporation with its principal place of
business in Jacksonville, in the Middle District of Florida, that was enrolled with
Medicare as a participating provider that would provide clinical laboratory services
to Medicare beneficiaries.

8. The defendant, KEVIN KARL WILLS JR., and co-conspirator C.A.S.

owned and operated Meta Laboratory Consulting LLC, which was incorporated on
Case 3:24-cr-00166-TJC-LLL Document1 Filed 08/08/24 Page 3 of 7 PagelD 3

or about March 1, 2022, and which had its principal place of business in Lantana,
Florida.
B. Charge

Beginning in or about January 2023 and continuing through in or about June

2023, in the Middle District of Florida, and elsewhere, the defendant,
KEVIN KARL WILLS JR..,

did knowingly and willfully combine, conspire, confederate, and agree with C.A.S.
and others, both known and unknown to the United States Attorney, to commit an
offense against the United States, that is:

(1) to knowingly and willfully solicit and receive remuneration, by
kickback, bribe, and rebate, directly and indirectly, overtly and covertly,
in cash and in kind, in return for referring a person for the furnishing
and arranging for the furnishing of an item and service for which
payment may be made in whole and in part under a Federal health care
program, that is, Medicare, in violation of 42 U.S.C. § 1320a-
7b(b)(1)(A), and

(2) without lawful authority, to knowingly and willfully, purchase, sell,
distribute, and arrange for the purchase, sale, and distribution of
beneficiary identification numbers under Title 42, United States Code,
Chapter 7, subsection XVIII, that is, HICNs and MBIs, in violation of

42 U.S.C. § 1320a-7b(b)(4).
Case 3:24-cr-00166-TJC-LLL Document1 Filed 08/08/24 Page 4 of 7 PagelD 4

C. Manner and Means

The manner and means by which the conspirators sought to accomplish the
objects of the conspiracy included, but were not limited to, the following:

1. Beginning in approximately January 2023, the defendant and C.A.S.,
through Meta Laboratory Consulting, engaged “marketers” to illegally obtain
Medicare beneficiary identifying information.

2. The defendant and C.A.S. entered into “consulting” agreements with
medical service providers pursuant to which the defendant and C.A.S. introduced the
“marketers” to the providers.

3. The “marketers” agreed to supply the providers with lists of Medicare
beneficiaries and their identifying information, including their Medicare beneficiary
identification number, to facilitate the providers’ shipping of COVID-19 tests to the
identified beneficiaries, none of whom had requested the tests.

4, The providers billed Medicare for the tests and then paid both Meta
Laboratory Consulting and the “marketers” a set dollar amount per beneficiary, but
the providers paid this amount only if a claim submitted on behalf of a beneficiary
was reimbursed by Medicare.

5. The actions of the defendant and C.A.S. caused the submission of
approximately 152,000 false and fraudulent claims to Medicare, which resulted in

reimbursements from Medicare for that period totaling approximately $14,405,700.
Case 3:24-cr-00166-TJC-LLL Document1 Filed 08/08/24 Page 5 of 7 PagelD 5

D. Overt Acts

In furtherance of the conspiracy and to effectuate the objects thereof, the
following overt acts, among others, were committed within the Middle District of
Florida and elsewhere:

1. In or about January 2023, the defendant discussed with the owners and
operators of SWL Services the possibility of SWL Services providing over-the-
counter COVID-19 test kits to Medicare beneficiaries.

2. In or about February 2023, C.A.S., on behalf of Meta Laboratory
Consulting, entered into an agreement in which SWL Services agreed to pay Meta
Laboratory Consulting $29 for each COVID-19 test kit processed and shipped by
SWL Services.

3. In or about February 2023, the defendant and C.A.S. recruited
“marketers” to sell Medicare beneficiary identifying information to SWL Services.

4. In or about March and April 2023, the “marketers” agreed to sell and
SWL Services agreed to buy the identifying information for $15 or $25 per identified
beneficiary.

5. In or about May 2023, the defendant, on behalf of Meta Laboratory
Consulting, entered into a renewed agreement in which SWL Services agreed to pay
Meta Laboratory Consulting $34.80 for each COVID-19 test kit processed and
shipped by SWL Services.

All in violation of 18 U.S.C. § 371.
Case 3:24-cr-00166-TJC-LLL Document 1 Filed 08/08/24 Page 6 of 7 PagelD 6

FORFEITURE

1. The allegations contained in Count One of this Information are
incorporated by reference for the purpose of alleging forfeitures pursuant to 18
U.S.C. § 982(a)(7).

2. Upon conviction of a conspiracy to violate 42 U.S.C. § 1320a-7b(b)(1)
and/or 42 U.S.C. § 1320a-7b(b)(4), in violation of 18 U.S.C. § 371, the defendant
shall forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(7), any property, real
or personal, which constitutes or is derived, directly or indirectly, from gross
proceeds traceable to the offense.

3. The property to be forfeited includes, but is not limited to, an order of
forfeiture for approximately $652,312, which represents the proceeds the defendant

obtained from the offense.

4. If any of the property described above, as a result of any act or omission
of a defendant:
a. cannot be located upon the exercise of due diligence;

b. has been transferred or sold to, or deposited with, a third party;

c. has been placed beyond the jurisdiction of the court;

d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be
divided without difficulty,
Case 3:24-cr-00166-TJC-LLL Document1 Filed 08/08/24 Page 7 of 7 PagelD 7

the United States of America shall be entitled to forfeiture of substitute property

pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b)(1).

ROGER B. HANDBERG
United States Attorney

By: st

ARNOLD B. CORSMEIER |
Assistant United States Attorney

Assistant United States Attorney

Deputy Chief, Jacksonville Division


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