Georgia man accused of defrauding benefit programs with fraudulent coronavirus testing

BRASELTON, Ga. - The FBI has charged a Georgia man in a conspiracy to defraud health care benefit systems with fake testing claims for coronavirus and genetic cancer screenings.

According to the FBI, 49-year-old Erik Santos of Braselton, Georgia ran a marketing company that generated leads to companies that tested patients. Officials accuse Santos and other conspirators of a "large-scale" scheme defrauding Medicare through kickback payments by steering individuals eligable for testing that the program would reimburse.

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Starting in November of 2019, Santos and the others submitted genetic screening tests to those facilities regardless of medical necessity - aiming submit more than $1.1 million in fraudulant claims, documents filed in court alleged.

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“It is unfortunate that we have people in our country who will capitalize on others' suffering to make a buck,” Special Agent-in-Charge Gregory W. Ehrie of FBI Newark said. “But this case takes things to a new low. This defendant not only allegedly defrauded the government, he conspired to bilk his fellow citizens of a valuable resource that's in high demand. His profiteering is akin to receiving blood money."

The alleged scheme continued to the present coronavirus pandemic, which officials say he used to be paid kickback for COBID-19 tests, so long as the tests were bundled with a more expensive test that doesn't either identify or treat the virus.

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Santos sought to maximize his kickback profits and to bleed federal health care resources at a time when Medicare beneficiaries across the United States were in dire need of coverage for medical treatment and services.

“The complaint in this case describes a defendant who saw the spread of COVID-19 as nothing more than an opportunity to profit personally,” U.S. Attorney Craig Carpenito said. “As the complaint alleges, he offered kickbacks in exchange for medically unnecessary tests – including potentially hard-to-obtain COVID-19 tests – thus preying on people’s fear in order to defraud the government and make money for himself. 

In documents submitted to the court, officials say Santos described the pandemic as a money-making opportunity, arguing "[W]hile there are people going through what they are going through, you can either go bankrupt or you can prosper.”

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Special agents of the FBI arrested Santos at his Braselton home Monday morning and charged him with conspiring the Anti-Kickback Statute and conspiring to commit health care fraud. The charges carry a maximum possible punishment of 10 and five years in prison respectfully. Both offense are also punishable by a $250,000 fine.