Healthcare Fraud Alert: Marketer Sentenced for $11.5M Medicare Genetic Testing Kickback Scheme: What Healthcare Providers Must Know

Healthcare fraud case: A Florida-based healthcare marketer has been sentenced to federal prison for orchestrating a multi-million dollar genetic testing fraud scheme — and the case has major implications for healthcare executives, telemedicine platforms, and diagnostic labs across the country.

On September 19, 2025, the Department of Justice page announced that Robert Desselle, 47, was sentenced to 57 months in federal prison, ordered to pay $4.5 million in restitution, and forfeit $2.1 million in criminal proceeds for his role in a Medicare fraud conspiracy involving kickbacks and unnecessary genetic tests.

How the Scheme Worked: A Breakdown of the Fraud

According to federal prosecutors, the operation followed a now-familiar formula used in genetic testing fraud cases:

• Marketer-Driven Patient Recruitment
  Desselle paid unlicensed marketers to lure vulnerable Medicare beneficiaries — often at grocery stores, pharmacies, and car dealerships — into taking genetic tests.

  The patients had no medical necessity for the tests.

• Bribed Telemedicine Referrals
  He then bribed a telemedicine company to provide physician sign-offs for the tests, regardless of patient history or clinical need.

• Labs Paid Kickbacks for Referrals
  Desselle and his co-conspirators received illegal kickbacks from clinical laboratories in exchange for referring those Medicare-covered tests to them.

• Billing Medicare for $11.5M
  The labs then billed Medicare for the tests, totaling $11.5 million between 2018 and 2020. Medicare paid out $4.5 million, and Desselle pocketed more than $2.1 million.

This Isn’t Just a Marketer Problem — Here’s Why Providers Should Be Paying Attention

While the defendant in this case was a marketer, the methods used mirror those seen in fraud cases targeting diagnostic labs, physicians, telemedicine executives, and healthcare business owners.

Federal prosecutors are watching:

• Your referral and payment relationships

• Your use of telemedicine for ordering genetic or diagnostic tests

• Your documentation and medical necessity justifications

• Any arrangement involving third-party marketers or call centers

Common Compliance Mistakes That Can Lead to Charges

At Watson & Associates, LLC, we’ve defended clients under investigation for kickbacks, False Claims Act violations, and healthcare fraud involving genetic testing schemes. Here’s what gets providers in trouble:

1. Failing to Audit Marketer Arrangements

Even indirect relationships with marketers or recruiters who use questionable tactics can put your license and business at risk.

If a marketer is offering to “deliver patients,” or “generate high-volume referrals,” that’s a red flag.

2. Improper Use of Telemedicine Orders

Telemedicine is not a workaround. If you’re relying on remote physicians to order tests without reviewing full patient histories, you’re vulnerable.

Always ensure a legitimate clinical evaluation is documented.

3. Kickback and Payment Structures That Appear “Too Good to Be True”

Any compensation linked to volume of referrals, cost per test, or shared revenue from federal programs must be carefully reviewed for Anti-Kickback Statute (AKS) compliance.

Even if you didn’t “know” about the illegal conduct, you can still be held liable.

Why the DOJ Targets These Cases So Aggressively

Federal authorities — including the HHS-OIG and DOJ Health Care Fraud Strike Force — have been aggressively cracking down on these schemes since at least 2018.

Their goals are clear:

• Protect Medicare and other federal health programs

• Punish those who exploit vulnerable populations

• Send a warning to others in the healthcare space

As former DOJ prosecutors, we know how these cases are built — and how to dismantle them before or after indictment.

Facing a Healthcare Fraud Investigation? Here’s What to Do Next

Whether you’re a marketer, lab owner, provider, or executive, being linked to one of these schemes can threaten your business, freedom, and livelihood. But not every investigation leads to charges — if you act quickly.

Call Watson & Associates, LLC.

We represent healthcare clients nationwide in high-stakes healthcare fraud investigations involving:

• Kickbacks

• Genetic testing and lab billing

• False Claims Act (FCA) violations

• DEA and HHS subpoenas

Schedule a Confidential Case Review Today: 1.866.601.5518. Speak directly to Mr. Watson.

Let our team — including former federal prosecutors and healthcare fraud lawyers — help you build a strategic and aggressive defense.