Frank Suess, also known as Franz P. Suess, pleaded guilty on Apr. 3 to conspiracy to commit health care fraud and conspiracy to violate the anti-kickback statute, according to the United States Attorney’s Office for the Middle District of Pennsylvania. Suess, age 79, of Wellington, Florida, entered his plea before Senior United States District Judge Malachy E. Mannion and agreed to forfeit a commercial property in Wellington used in the offenses.
The case centers on a scheme that involved billing insurance companies for medically unnecessary prescription drug combinations referred to as “foot baths.” These foot baths were promoted as antibiotic and antifungal treatments but included high-cost drugs not intended or approved for such use. The fraudulent activity took place between 2019 and 2020.
Suess admitted he gained control of pharmacies through concealed means using Medivalue Florida LLC. He financed purchases of Sterling Pharmacy in Pennsylvania, DCE Pharmacy in Texas, and Motto Pharmacy in Florida. The pharmacies then filled mail orders for expensive prescriptions based on which insurance plans would reimburse at higher rates.
According to prosecutors, Suess and his codefendants used prechecked order forms obtained from health fairs organized by associates in New York. These forms allowed multiple refills without patient evaluation or involvement from medical providers. Complaints from recipients included confusion about receiving large quantities of medication with no instructions or prior consultation with a doctor.
Suess further admitted he paid illegal kickbacks for completed order forms and attempted to obstruct investigations by creating documents misrepresenting compliance with federal law. The fraudulent scheme generated over $700 thousand from private insurers as well as additional payments from Medicare-related plans.
If convicted at sentencing, Suess faces up to ten years’ imprisonment per offense along with possible supervised release and fines under federal law guidelines.
