The United States Attorney for the Southern District of New York, Jay Clayton, alongside Christopher G. Raia, Assistant Director in Charge of the FBI’s New York Field Office, has announced charges against Josue Torres and Anthony Guerra. The two men are accused of participating in a scheme involving fraudulent prescriptions to obtain high-cost medications for HIV and other illnesses. These prescriptions were allegedly issued using stolen identities of medical practitioners and their patients.
“As alleged, the defendants stole the identities of doctors and patients to convert valuable, life-saving medications into a source of illicit profits,” stated U.S. Attorney Jay Clayton. He emphasized that these actions not only endangered patient safety but also compromised the integrity of the healthcare system.
FBI Assistant Director Christopher G. Raia added that Torres and Guerra “allegedly procured and resold hundreds of illegitimate prescriptions through unauthorized access to pharmaceutical databases.” He stressed the FBI’s commitment to apprehending individuals involved in such illegal activities.
The complaint details how from August 2021 onwards, Torres accessed e-prescribing platforms using unauthorized information from physicians to issue fraudulent prescriptions for individuals who did not need them. These actions allowed them to secure reduced copay amounts through assistance programs, leading insurance providers to cover parts of these costs.
In total, approximately 693 fraudulent prescriptions were issued by Torres and Guerra from around 18 targeted practitioners. These included about 55,626 units of medication valued at roughly $2,638,581. The duo allegedly sold these medications on the black market.
Torres and Guerra face charges including conspiracy to commit wire fraud and health care fraud with a maximum sentence of 20 years in prison; they also face aggravated identity theft charges carrying a mandatory minimum sentence of two years.
This case is part of a larger law enforcement action resulting in criminal charges against 324 defendants across various health care fraud schemes involving over $14.6 billion in false billings.
Assistant U.S. Attorney Henry Ross is handling this prosecution under the Office’s General Crimes Unit.
The allegations remain accusations until proven otherwise in court.
