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Properly convicted of healthcare fraud



"Chutzpah" is Yiddish for "unimproved bile." It has been defined as a request for mercy from a defendant who has been convicted of murdering his parents because he is an orphan.

In United States Of America v. Patrick Tonge, Serge Francois No. 18-11165, United States Court of Appeals, Eleventh Circuit (November 22, 2021), the defendants made a series of false accusations after appealing their conviction for running a fraudulent conspiracy and plan to defraud state-sponsored health insurance programs. Patrick Tonge and Serge Francois were convicted of federal crimes arising from their work at Atlantic Pharmacy & Compounding [1945902] which raised more than $ 1945902 million in a Florida pharmacy . in fraudulent claims by federal insurance programs.

BACKGROUND

The defendants' conviction, and thus these appeals, begin and end with Atlantic Pharmacy, a pharmaceutical company that manufactured and sold custom drugs. Serge Francois opened Atlantic in 2009, owned the business and was the pharmacist in charge. Atlantic's business activities involved largely non-sterile mixing, in particular the creation of compound prescription creams ("CPCs") from scratch using a variety of ingredients. Francois hired Patrick Tonge, his former used car dealer and personal trainer, to run Atlantic's CPC business, even though Tonge had no pharmaceutical training. In total, Atlantic raised over $ 30 million in claims for CPC from TRICARE and the Federal Employee Health Benefits Program ("FEHBP"), two federal insurance programs.

The government claimed that Tonge and Francois stole millions of dollars from federal health care programs by


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