Maryland Man Facing Federal Indictment for Role in COVID-19 Healthcare Fraud Scheme Totaling More Than $100M

Greenbelt, Maryland - A federal grand jury indicted a Maryland man, today, in connection with a COVID-19 healthcare fraud scam.

Marc Aaron Potash, 57, of Rockville, is charged with conspiracy to commit healthcare fraud and seven counts of healthcare fraud. The charges stem from Potash submitting false and fraudulent claims to Medicare, Medicaid, the Federal Employees Health Benefits Program (FEHBP), and other insurers for at-home, self-administered COVID-19 tests. Potash is also charged with five counts of conducting transactions in criminally derived proceeds. This prosecution is part of the Trump Administration's Task Force to Eliminate Fraud.

Kelly O. Hayes, U.S Attorney for the District of Maryland, announced the indictment with Special Agent in Charge Darren B. Cox, FBI Washington Field Office; Inspector General T. March Bell, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Michael R. Esser, Deputy Inspector General Performing the Duties of the Inspector General, Office of Personnel Management, Office of the Inspector General (OPM-OIG).

According to the indictment, between January 2022 and May 2026, Potash allegedly conspired with others to personally enrich himself and maximize the financial success of Tiero, LLC, a company located in Gaithersburg, Maryland. Through the conspiracy, Potash, Tiero's founder and chief executive officer, and his co-conspirators schemed to obtain money through false and fraudulent representations to insurers.

The indictment further alleges that as part of the healthcare fraud scheme, Potash and his co-conspirators sent false emails, letters, and paperwork to the Maryland Department of Health (MDH) to obtain a Clinical Laboratory Improvement Amendments (CLIA) certification for Tiero. As part of the conspiracy, Potash and his co-conspirators submitted documents that falsely portrayed Tiero's medical providers performing on-site COVID-19 testing at the company's purported lab. The co-conspirators then used Tiero's CLIA license to submit fraudulent claims to insurers that listed false dates of service, a fake place of service, and a phony rendering provider for COVID-19 tests that would have been administered or analyzed by a provider at Tiero.

However, in reality, Potash and his co-conspirators merely shipped over-the-counter, self-administered COVID-19 tests to insured individuals across the country. In total, Potash and his co-conspirators caused the submission of more than $100 million in false and fraudulent healthcare claims, resulting in more than $50 million in insurance payments to Tiero.

The indictment also alleges that Potash engaged in multiple monetary transactions in criminally derived property. This included Potash purchasing a Range Rover, Mercedes-Benz, and $4 million real property in Beallsville, Maryland, along with two security transfers totaling more than $4 million and $8 million, respectively.

An indictment is not a finding of guilt. Individuals charged by indictment are presumed innocent until proven guilty at a later criminal proceeding.

If convicted, Potash faces a maximum of 10 years in federal prison for conspiracy to commit healthcare fraud, each count of healthcare fraud, and each count of conducting transactions in criminally derived proceeds.

Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge determines sentencing after considering the U.S. Sentencing Guidelines and other statutory factors.

On April 7, the Department of Justice announced the creation of the National Fraud Enforcement Division ("Fraud Division"). The Fraud Division is laser-focused on investigating and prosecuting those who commit fraud against the American people. The Department's work to combat fraud supports President Trump's Task Force to Eliminate Fraud, a whole-of-government effort chaired by Vice President J.D. Vance to eliminate fraud, waste, and abuse within Federal benefit programs.

U.S. Attorney Kelly O. Hayes commended the FBI, HHS-OIG, and OPM-OIG for their work in the investigation. Hayes also thanked Assistant U.S. Attorneys Megan S. McKoy and Joshua Rosenthal, who are prosecuting this federal case.

For more information about the Maryland U.S. Attorney's Office, its priorities, and resources available to report fraud, please visit justice.gov/usao-md and justice.gov/usao-md/report-fraud.

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