A pharmacist and pharmacy owner in Florida has been sentenced to serve six and a half years in prison after she was found guilty of participating in a $3.4 million Medicare false claims scheme to defraud Tricare, Medicare, and private insurance programs by submitting fraudulent claims for compounded creams.

Marjorie R., 61, of Wilton Manors, Fla., was sentenced to six and a half years in prison on Thursday by U.S. District Judge K. Michael Moore. She will also be required to pay $3.4 million in restitution to Tricare, Medicare, and private insurance programs who were allegedly affected by her Medicare false claims and false insurance claim. In September, Marjorie pled guilty to one count of conspiracy to commit health care fraud.

Marjorie was one of the three owners of ASC Pharmacy Inc., a compounding company in Miami that is now defunct. At ASC, she was the head pharmacist in charge. Allegedly, she directed the pharmacy to make compounded creams that were not required per the needs of patients, and were instead created to maximize the reimbursement given by the government and private insurance programs when they were submitted as claims.

Marjorie’s attorney, Robert Nicholson of Nicholson & Eastin LLP, expressed his opinion that the sentence was too harsh given that Robinson did not have a criminal history, and made a number of positive contributions to the scientific community in the areas of the treatment of AIDS and other infectious diseases.

In light of the verdict given in the ASC Pharmacy Medicare false claims lawsuit, Nicholson told Law360 that “the conviction in this case does not represent who Dr. Robinson truly is as a person, and the sentence was not commensurate with her limited role in the offense. Dr. Robinson is reviewing her appeal options at this time.”

He went on to say that Marjorie was “extremely disappointed in the sentence.” Marjorie was not the only person charged in the Medicare false claims lawsuit — the other two owners and outside associates were also charged.

The other two owners of ASC Pharmacy were given lighter sentence. Oscine S. and Scanio S. both pled guilty, and were charged separately. Oscine was given a prison sentence of just over three years, while Scanio was given a 64-month sentence.

In the ASC Medicare false claims scheme ruling, Sheila A. of Davie, Fla., Todd S. of Russell, Ky., and Laszlo T., a doctor in New Port Richey, Fla were also charged. Allegedly, Sheila and Todd received kickbacks and compensation from the pharmacy to refer individuals to use the prescription compounded creams, even if they were not medically necessary for the patients.

For their involvement in the Medicare false claims lawsuit, Lazlo received a 16 month prison sentence and Sheila received a year-long sentence. Todd has not yet been sentenced. Like Marjorie, these other three people involved in the ASC Medicare false claims lawsuit also pled guilty.

The Medicare False Claims Lawsuit is Case No. 1:18-cr-20554, in the U.S. District Court for the Southern District of Florida.