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Sales Representative Sentenced for Paying $25,000 In Cash Bribes for Patient Referrals

The owner of a marketing and sales company who admitted paying thousands of dollars in cash bribes to a New Jersey’s physician in return for patient referrals to his clients was sentenced today to 12 months and one day in prison.

Daniel Gilman, 63, of Ocean Grove, New Jersey, previously pleaded guilty to an information charging him with one count of conspiracy to pay kickbacks. The sentence was imposed on Wednesday in Camden federal court.

According to documents filed in this case and statements made in court:

Gilman was a principle of Promed Practice Consultants LLC (Promed), a company specializing in marketing and sales services for testing laboratories. As identified in the information, “Company 1,” a blood testing laboratory, and “Company 2,” a DENA testing laboratory, were two of Promed’s clients. Gilman received monthly commission checks from Company 1 and Company 2 for referrals, which were equal to 10 percent of the reimbursements paid to the companies by various payers, including Medicare.

From March 2014 through May 2015, Gilman paid a physician, Vincent Destasio, 54, of Toms River, New Jersey, thousands of dollars in return for patient lab referrals to Company 1 and Company 2, Gilman would identify Destasio’s patient referrals to those companies and pay him corresponding kickbacks in cash.

Neither Company 1 nor Company 2 had any knowledge of or involvement in the kickback scheme.

In addition to the prison term, Gilman was sentenced to two years of supervised release fined him $1,000 and entered a forfeiture judgment of $25,000. Destasio pleaded guilty on June 23, 2016, to an indictment charging him with one of conspiracy to accept cash bribes and is scheduled to be sentenced Sept. 29, 2016.