A federal jury in Fort Worth has convicted a Frisco man of running a $26 million health care fraud scheme that billed the military's TRICARE program for depression treatments that active-duty service members, veterans and their families often never received. Kevin Curry, a 64-year-old Texas licensed professional counselor, presented himself to patients as a physician while operating Acuity TMS clinics in Plano and Fort Worth, along with Emerald Coast TMS in Fort Walton Beach, Florida.
The jury convicted Curry on nine total counts: 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, according to the U.S. Department of Justice. Each count carries a statutory maximum of 10 years in prison. As Dallas News reports, Curry faces up to 90 years in prison and now awaits sentencing.
Prosecutors say Curry paid $5.5 million in bribes and kickbacks to active-duty service members, military veterans and their families, and billed more than $26 million to insurance for phony and unnecessary depression treatments. TRICARE ultimately paid about $17 million in claims, per Dallas News.
Doctors' Credentials Used Without Their Knowledge
To pull off the scheme, Curry used doctors' credentials without their knowledge to bill TRICARE, and instructed clinic staff to fabricate patient medical records and alter treatment documentation submitted to the program, according to the Justice Department. Patients often did not receive transcranial magnetic stimulation therapy at all, despite claims being filed as though they had.
Curry was a licensed professional counselor who presented himself to patients as a physician while operating a psychiatric clinic.
Gold Cybertruck, Casino Party Funded By Fraud
Curry used fraud proceeds for hotel stays and a lavish casino-themed party, according to Dallas News. He also bought a gold-plated Tesla Cybertruck worth more than $100,000.
Federal authorities seized cash and a 2024 Tesla Cybertruck in connection with the case. Colin M. McDonald said Curry exploited a critical health care program in an affront to the military community and the American public, per Dallas News.
Part Of A Larger $360 Million Crackdown
Curry was charged as part of a massive June crackdown in the Northern District of Texas that indicted 13 defendants, including medical doctors and clinic owners, for over $360 million in alleged health care fraud schemes, according to the U.S. Attorney's Office. Federal authorities separately identified $365 million in fraudulent and false claims and seized more than $35 million in cash, luxury vehicles and other assets tied to the broader sweep, Dallas News reports.
In that same June sweep, two North Texas physicians — a 75-year-old DeSoto doctor and a 53-year-old Southlake doctor — and a nurse practitioner were charged with taking kickbacks to order unnecessary brain wave tests, according to WFAA. The multi-year investigation into Acuity TMS was jointly conducted by the Defense Criminal Investigative Service, the FBI Dallas Field Office, the Department of Veterans Affairs Office of Inspector General, and the Texas Attorney General's Office, per the U.S. Attorney's Office.
How TMS Coverage Works Under TRICARE
Transcranial magnetic stimulation (TMS) is covered under TRICARE for treatment-resistant major depressive disorder.
TRICARE added transcranial magnetic stimulation to its standard civilian benefit package in 2016 for treatment-resistant major depressive disorder, establishing strict clinical rules requiring prior authorization and documented failure of multiple antidepressant medications, according to the Moment of Clarity Care Center. Separately, Curry allegedly fabricated records and used physicians' credentials to submit claims.
Curry's case fits into a much larger national pattern. Since its creation in 2007, the Justice Department's Health Care Fraud Strike Force Program has charged more than 6,200 defendants across the country who collectively submitted over $45 billion in fraudulent claims to government programs and private insurers. Hoodline has previously reported on a similar case: a Texas medical marketer convicted in a $55 million TRICARE fraud scheme. Curry now lives in Frisco and will be sentenced at a later date.
