Mental health clinic owner convicted in $26 million TRICARE fraud

Millions of dollars spent on casino-themed parties, expensive hotels and a gold-plated Cybertruck. It sounds like the spending spree of a character from “The Wolf of Wall Street.” Instead, federal prosecutors say the absurd spending was financed by a 64-year-old mental health clinic owner named Kevin Darnell Curry.

Curry, who owned and operated Acuity TMS of Plano, Acuity TMS of Fort Worth and Emerald Coast TMS of Fort Walton Beach, was convicted of submitting roughly $26 million in fraudulent claims to TRICARE, which paid out approximately $17 million.

These clinics, which offered transcranial magnetic stimulation or TMS, operated in areas with substantial military populations. His Fort Walton Beach clinic sat in the same Florida Panhandle military community as Eglin Air Force Base and Hurlburt Field, while his Fort Worth operation was near Naval Air Station Joint Reserve Base Fort Worth. A third clinic operated in Plano, north of Dallas, Texas.

The scheme involved an unknown number of active duty service members, veterans and military family members covered by TRICARE, though the indictment did not identify where they lived or which installations, if any, the active-duty beneficiaries were assigned to. Curry falsely presented himself as a medical doctor, using fake credentials to convince service members and families to sign up for the treatment. 

Curry was convicted of three counts of health care fraud, three counts of offering and paying illegal health care kickbacks and three counts of engaging in monetary transactions in criminally derived property. Federal authorities previously seized approximately $200,000 in assets connected to Curry’s case, including $136,022 in cash and the gold-plated Cybertruck, according to the Justice Department.

Prosecutors say Curry recruited TRICARE beneficiaries through illegal kickbacks and bribes to receive TMS, then billed TRICARE for treatments that weren’t provided, weren’t provided as represented or for which patients did not qualify.

TMS is a noninvasive treatment that uses magnetic pulses to stimulate nerve cells in areas of the brain involved in depression. TRICARE covers the treatment for some patients with major depressive disorder when other treatments have failed.

To qualify, patients generally had to have tried at least two antidepressants from different drug classes without success and undergone evidence-based psychotherapy that also failed to adequately treat their depression, according to the indictment.

Prosecutors say some of Curry’s patients did not meet those requirements. His clinics allegedly submitted false information about beneficiaries’ treatment histories to obtain authorization from TRICARE, including records claiming patients had unsuccessfully tried medications they had not actually taken.

The scheme turned military beneficiaries into a source of millions of dollars in fraudulent TRICARE payments and unfolded inside a military health system that has simultaneously been trying to convince service members they can trust it enough to seek mental health care.

Despite the benefits of treatment, an estimated 60% to 70% of military personnel experiencing mental health problems do not seek mental health services, according to the Defense Department’s Psychological Health Center of Excellence.

The Pentagon attributes that gap to a range of barriers, including stigma and concerns about how seeking treatment could affect a service member’s career.

Those concerns can include fears about being viewed as weak, being treated differently by military leadership or losing the confidence of others in their unit. 

It remains unclear how much of the approximately $17 million paid by TRICARE has been recovered. 

Curry is scheduled to be sentenced at a later date and faces up to 10 years in prison on each count.