Former pharmacy CEO faces up to five years for lying to federal investigators

FLORIDA – A former South Florida pharmacy CEO has pleaded guilty to lying to federal investigators, said the U.S. Attorney’s Office for the Southern District of Florida (USAO).

Patrick Smith, 71, of Palm Beach Gardens, the former CEO of Patient Care America (PCA), a compounding pharmacy located in Broward County, pled guilty last week to one count of lying to federal agents who were investigating PCA for various health care fraud offenses.

According to court records, Smith admitted that in March 2020, he voluntarily met with Defense Criminal Investigative Service (DCIS) agents who were investigating PCA on allegations of health care fraud and payment of illegal kickbacks. During that interview, Smith is alleged to have lied to agents about his role in hiring the marketing groups that PCA paid to recruit Tricare patients.

Smith claimed that he played no role in vetting the marketing groups, when in fact, documents and witness testimony establish that he frequently met with the marketing groups and decided which to hire and on what terms, said the USAO.

According to prosecutors, PCA paid the marketers over $40 million in kickbacks. A dozen of PCA’s marketers have been convicted and sentenced to prison terms of up to 13 years for their roles in the scheme.

U.S. Attorney Markenzy Lapointe of the Southern District of Florida, and Special Agent in Charge Darrin K. Jones of the Defense Criminal Investigative Service, Southern Field Office, made the announcement.

Patrick Smith faces a maximum sentence of five years in prison. The Court has not set a date for sentencing yet.

DCIS investigated the case with assistance from the Veterans Affairs-Office of Inspector General, the Food and Drug Administration-Office of Criminal Investigation, and FBI Miami.

Assistant U.S. Attorney Jon Juenger is prosecuting the case.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-cr-20532.