Mid-South podiatrist accused of foot bath fraud scheme

LAFAYETTE CO., MISS. (WMC) – A Mississippi man pleaded guilty Thursday to his role in a Medicare and TRICARE fraud scheme by prescribing and dispensing medically unnecessary foot bath medications and ordering unnecessary medical nail testing in exchange for kickbacks.

Marion Shawn Lund, DPM, 53, of Taylor, owned the pediatric clinic as well as an in-house pharmacy, according to court documents. Lund regularly wrote prescriptions and her pharmacy sent antibiotic and antifungal medications to be mixed in a tub of warm water for patients to soak their feet in.

Instead of prescribing medications based on individual patient needs, Lund prescribed foot bath medications to maximize reimbursement from Medicare, TRICARE, and other health care programs, regardless of medical necessity.

In addition, Lund took toenail clippings and wound cultures from patients and sent them to a laboratory for diagnostic testing, even though such testing was not medically necessary.

From April 2020 to March 2022, Lund led more than $1.4 million in claims to Medicare and TRICARE for unnecessary prescriptions for foot baths and nail diagnostic tests, resulting in more than $700,000 in reimbursements. In exchange for his prescriptions and orders, Lund was paid cash by a potential dealer.

Lund pleaded guilty to one count of health care fraud. He is scheduled to be sentenced on May 15 and faces a maximum of ten years in prison.

A federal district court judge determines any sentence after considering the US Sentencing Guidelines and other statutory factors.

Lund is the fourth defendant, including three medical professionals, to be found guilty of a role in the scheme.

In October 2021, Logan Hunter Power pleaded guilty to one count of conspiracy to defraud the United States and to pay and receive money, and in October 2022, Power was sentenced to 25 months in prison.

In August 2022, Jared Lee Spicer, DPM, pleaded guilty to one count of conspiracy to commit health care fraud and is awaiting sentencing.

In September 2022, Carey “Craig” Williams, DPM, pleaded guilty to one count of conspiracy to commit health care fraud and is awaiting sentencing.

Assistant Attorney General Kenneth A. Polit, junior of the criminal department of the Ministry of Justice; U.S. Attorney Clay Joyner for the Northern District of Mississippi; Special Agent in Charge Derrick L. Jackson of the Department of Health and Human Services – Office of the Inspector General (HHS-OIG); and Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigations Division reported.

HHS-OIG and the FBI are investigating the case. Prosecutor Sarah E. Porter and Assistant Chief of the Criminal Division’s Fraud Unit, Justin M. Woodard and Assistant US Attorney Clayton A. Dabbs of the Northern District of Mississippi is prosecuting the case.

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