Department of Justice
U.S. Attorney’s Office
Western District of Virginia
FOR IMMEDIATE RELEASE
Tuesday, March 2, 2021
ABINGDON, Va. – Michael Dube, who formerly owned and operated American Toxicology Labs, was sentenced was today in U.S. District Court in Abingdon, Virginia to 36 months in federal prison. Acting United States Attorney Daniel P. Bubar and Virginia Attorney General Mark G. Herring made the announcement today.
Dube, 59, of Johnson City Tenn., previously pleaded guilty in U.S. District Court in Abingdon to two felony counts of health care fraud (one filed in the Western District of Virginia and one filed in the Eastern District of Kentucky).
“Michael Dube took advantage of health care funds, aimed at helping the most vulnerable, for his own greed,” Acting U.S. Attorney Bubar said today. “Today’s significant sentence demonstrates that health care fraud will not be tolerated, and is the product of close partnership between federal, state, and local law enforcement, whose collaboration brought the Dubes to justice.”
“Addressing the opioid crisis is an issue of great concern for our nation and remains a top public health priority for the FDA. It is crucial that treatment providers act with honesty and integrity in combatting the crisis,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations, Metro Washington Field Office. “In cooperation with our federal and state law enforcement partners, we will continue to investigate and bring to justice those who defraud federal programs.”
According to court documents, in March 2011, Michael Dube pleaded guilty in the Eastern District of Tennessee to one count of intentionally omitting information from reports as required under the Controlled Substances Act. As a result of his conviction, the Department of Health and Human Services [HHS] informed Dube in a letter dated June 29, 2012, that he was excluded from participating in any federal health care program.
Nonetheless, in May 2013, Michael and his wife, Regan Dube, established American Toxicology Labs [ATL] in Johnson City, Tennessee, with Regan Dube serving as the company’s registered agent, and using the couple’s home address as the principal office and mailing address. ATL then applied to participate in Medicare and Medicaid. On the applications, Regan Dube was listed as the owner of ATL, and Michael Dube’s name and participation in ATL was omitted.
ATL conducted urine screens for various entities who represented themselves to be opioid treatment facilities. Between May 1, 2014, and January 31, 2020, Medicare, Virginia Medicaid, Kentucky Medicaid and TennCare made payments to ATL that totaled approximately $8.5 million. During this time, Michael Dube made employment decisions, negotiated business arrangements with providers, and otherwise participated in the management of ATL.
In addition, Michael Dube also received kickback payments from third parties for referring individuals to those third parties for services for which payment was made (in whole or in part) by federal health care programs. These payments were deposited in Michael and Regan Dube’s personal checking account in a total amount of $441,646. Regan Dube was previously convicted and sentenced in connection with the scheme.
As a result of their convictions, Regan and Michael Dube will pay a total of $9,015,046, plus interest, divided between special assessments, fines, restitution, and forfeiture. They will have to repay all of the money they received from Medicare and Medicaid programs.
The investigation of the case was conducted by the Food and Drug Administration Office of Criminal Investigations, Virginia Medicaid Fraud Control Unit of the Office of the Attorney General, the Department of Health and Human Services Office of the Inspector General, the Drug Enforcement Administration, the Virginia State Police, and Internal Revenue Service – Criminal Investigations, and the Tennessee Bureau of Investigation. The prosecution of the case was conducted by the United States Attorneys’ Offices for the Western District of Virginia (Special Assistant United States Attorney and Assistant Attorney General Janine Myatt and Assistant United States Attorneys Whit Pierce, Krista Frith and Randy Ramseyer) and the Eastern District of Kentucky (Assistant United States Attorneys Andrew Smith and Gregory Rosenberg). The United States Attorney’s Office for the Eastern District of Tennessee provided valuable assistance.
USAO - Virginia, Western