Pair Plead Guilty to Drug Testing Kickback Scheme
ABINGDON, Va. – A Miami, Florida man pleaded guilty last week to conspiring with a Bristol, Tennessee man to pay and receive kickbacks.
According to court documents, Michael Olshavsky, 51, of Miami, Florida, and John Paul Linke, 57, of Bristol, Tenn., conspired to receive and pay kickbacks to encourage urine drug screen testing performed by a lab in Florida. Some of the testings referred to the lab was paid for by Medicare, Virginia Medicaid, and TennCare.
Between November 30, 2015, and May 30, 2016, Linke was employed at an office-based opioid treatment program that used medication-assisted treatment for patients suffering from substance use disorder. In exchange for being paid $5,000 per month, Linke arranged for the clinic to send urine drug screen samples to the laboratory in Florida where Olshavasky worked. These payments were disguised as commissions paid to Linke as an “independent sales representative” for Olshavsky’s company, Encore Holdings LLC. Olshavasky paid Linke at least $16,000 through Encore Holdings to direct WRC’s drug screening business to the Florida lab, although Linke was not actually an independent sales representative for Encore, and he did not act as such.
“Healthcare professionals who use their position to hurt, rather than heal, must be held accountable,” said Jarod Forget, Special Agent in Charge of the DEA Washington Division. “Working with our partners to bring this case to case to justice is part of the work we do every day to keep local families, businesses, and neighborhoods safe.”
Olshavsky pleaded guilty last week to one count of conspiring to pay and receive kickbacks. He will be sentenced on September 17, 2021 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines. Linke pleaded guilty recently to one count of conspiring to pay and receive kickbacks. He will be sentenced on September 16, 2021 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines.
The DEA Washington Division, the Food and Drug Administration, the Virginia Medicaid Fraud Control Unit, the Department of Health and Human Services—Office of Inspector General, the Tennessee Bureau of Investigation, and the Virginia State Police are investigating the case.