Case Tracker

Welcome to the TyHoward Telehealth Case Tracker, the most comprehensive library of telehealth-related cases and enforcement actions on the Internet. 

The Tracker compiles publicly available materials from enforcement actions,  both civil and criminal, involving telehealth or telemedicine-related allegations. Regularly updated, the Tracker provides a quick summary of case developments and links to key documents such as indictments, complaints, plea agreements, and judgments.

How to use

The Tracker works like a typical spreadsheet with sort and search functions. Click on a row for expanded information or the links for the source documents. Readers can quickly find cases by subject matter, charges, jurisdiction, and other categories. 

Additions and Updates

The Tracker is regularly updated. If you are aware of a telehealth-related enforcement matter not listed, please email thoward@bradley.com

Table Data Key

This is the name of the person or entity named in the enforcement action. When a case involves multiple defendants, each is listed separately.

This is the case number assigned by the court where the case has been brought. Nearly all cases on the Tracker are federal cases in various U.S. District Courts, that is, federal trial courts, across the country.

This identifies the judicial district or other jurisdiction where the case has been brought. Most cases are federal and are heard in one of 94 federal district courts across the country. The abbreviations are in the following format: “State-District.” E.g., The U.S. District Court for the Southern District of New York is “NY-S”; the District of Montana is “MT”; and the Middle District of Florida is “FL-M.” (For those who want a better understanding of the federal courts’ organization by circuit and district and their history, the Federal Judiciary Center has a wealth of information and interactive maps.)

This is the date that an event occurred. Note that certain filings may have been originally filed  under seal, which means they were blocked from public view until later released. Unless otherwise noted, the date listed is the original filing date, even if the document was under seal and not available publicly till a later date.

This is the type of event that occurred. In most cases, the event is hyperlinked to the corresponding document where available. Some common “events” are: 

  • An “indictment” is the most common way a defendant is charged with a federal crime. It is a written document, prepared by a prosecutor, that sets out the offenses allegedly committed. As required by the Fifth Amendment to the U.S. Constitution, a federal indictment for any felony offense must be presented to a grand jury, a body of citizens that investigates crimes and determines whether there is sufficient cause for a prosecution to begin. If the grand jury finds sufficient cause, they return an indictment or a “true bill,” which becomes the charging document in a case, much as a complaint is in a civil case.

     

  • An “information” is another way a person can be charged with a federal crime, and it is the functional equivalent of an indictment. The key difference is that the defendant must agree to it and waive his or her constitutional right to have a grand jury consider the evidence and determine whether an indictment should be returned against the defendant. A criminal information often is a sign—though not a guarantee—that a defendant is cooperating with the government and may have a plea agreement already worked out.

     

  • A “criminal complaint” is a third type of criminal charging document. Less commonly used in white-collar and fraud cases, complaints are generally used when the prosecution needs to act particularly quickly, such as when a crime is about to occur or a would-be defendant may flee. A complaint includes an affidavit by a law-enforcement agent describing the probable cause that a particular person committed a crime. A judge reviews the affidavit and then, if the judge is satisfied probable cause has been established, will issue an arrest warrant. For felonies in the federal system, a defendant arrested on a criminal complaint must be charged by indictment or information within 30 days.

These are the offenses with which a defendant has been charged. The term “U.S.C.” is a legal abbreviation for “United States Code,” which is the collection of federal laws. Those laws are divided into various titles and further subdivided into chapters and sections. Most, though far from all, federal criminal offenses are in Title 18 of the U.S. Code. As an example, “18 U.S.C. § 1347” is read “Title 18, United States Code, Section 1347.” 

The Tracker lists substantive charges only. Most criminal indictments will include other statutory references to forfeiture (e.g., 18 U.S.C. § 982) or aider and abettor liability (18 U.S.C. § 2), which are not listed. Some common charges in telehealth and telemedicine-related cases are:

  • Conspiracy, 18 U.S.C. § 371
  • Fraud-related conspiracy, 18 U.S.C. § 1349
  • Healthcare Fraud, 18 U.S.C. § 1347
  • Anti-Kickback Statute, 42 U.S.C. § 1320a
  • False Statement Regarding Healthcare Matters, 18 U.S.C. § 1035

This is a summary of the allegations or the event listed.

These are abbreviated categories to denote cases involving a particular type issue that may be of interest. The categories currently in use (and subject to change) are:

  • PROV: Involving a defendant who is a healthcare provider (e.g., physician, nurse, etc.)
  • CMPG: Involving compounding pharmacy
  • DME: Involving durable medical equipment (DME)
  • CGx: Involving cancer genetic testing

These are explanatory notes about the event, including cross references to related cases where applicable.

Case Tracker