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Richard Ferdinand Toussaint Jr., Healthcare Bribe Conspiracy, Texas 2017

DALLAS — Richard Ferdinand Toussaint Jr., 58, a former anesthesiologist and co-founder of Forest Park Medical Center (FPMC), has pleaded guilty to conspiracy to pay health care bribes and kickbacks, totaling $40 million. U.S. Attorney John Parker announced the charges against Toussaint, who faces up to five years in federal prison and a fine of $250,000 for each count.

Toussaint’s co-defendants, Andrea Kay Smith, 37, Kelly Wade Loter, 48, and Israel Ortiz, 49, have already pleaded guilty. The remaining 17 defendants are set for trial on July 10, 2017.

The scheme involved payments to surgeons for referrals of lucrative out-of-network surgeries to FPMC. Toussaint, along with co-conspirators, paid surgeons through marketing checks, and the payments escalated from $300,000 a month to $1.2 million a month. They also manipulated insurance reimbursements by waiving coinsurance and guaranteeing patients minimal out-of-pocket expenses.

Toussaint and his partners used a commercial real estate company to funnel kickback payments. FPMC also bribed chiropractors to refer patients, creating a clear quid-pro-quo agreement. Additionally, surgeons were incentivized to bring more patients by being allowed to invest in the hospital’s billings.

The plea documents reveal that Toussaint was deeply involved in the scheme, often copying emails where payments details were discussed. Sentencing for Toussaint will be scheduled at a later date.

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