Woman to plead guilty of leading conspiracy that defrauded Lilly of more than $600K

A Texas woman has agreed to plead guilty to leading a conspiracy to defraud Indianapolis-based drugmaker Eli Lilly and Co. out of more than $600,000 in false prescription savings cards.

Courtney Anguiano filed a petition Oct. 10 in U.S. District Court in Indianapolis to enter a plea of guilty to conspiracy to commit health care fraud, a felony punishable by a maximum sentence of 10 years imprisonment and a $250,000 fine. Federal prosecutors also signed the petition.

Lilly was not named in the petition, but was identified as “Business 1,” a pharmaceutical company based in Indianapolis that makes the prescription medicines Verzenio for cancer, Olumiant for arthritis, and Trulicity for diabetes. Lilly makes all three of those medicines.

Like many other drugmakers, Lilly created a savings card program designed to lower the out-of-pocket costs for patients buying prescribed medicines. Patients could use the card at the time of purchase or after the fact, seeking reimbursement through a post-transaction reimbursement program.

According to the petition, between Sept. 1, 2017, and July 26, 2020, Anguiano knowingly conspired with seven other people to submit 189 false and fraudulent post-transaction reimbursement requests under the Verzenio, Olumiant and Trulicity savings card programs.

“Anguiano was the leader of the conspiracy,” the petition said. “The conspirators did not have valid and current prescriptions for the medicines. They had not actually incurred any out-of-pocket costs by purchasing the medicines.”

In an effort to avoid detection, Anguiano submitted some of her requests under an alias or altered version of her name, the filing said.

Anguiano has agreed to make restitution of $648,528.22 to Lilly, the filing said.

The other seven people in the alleged conspiracy were not identified. Anguiano’s lawyer, Jonathan A. Bont of Frost Brown Todd, did not respond immediately to an email and phone call from IBJ seeking comment.

According to the paperwork, federal prosecutors and Anguiano’s lawyer have not agreed upon a specific sentence, although prosecutors agreed to recommend a sentence at the low end of the guideline range determined by the court.

Neither the plea agreement nor the information filed earlier this month said how the conspiracy was discovered or investigated. But it said Anguiano has accepted responsibility for her actions.

“To date, the defendant has demonstrated a recognition and affirmative acceptance of personal responsibility for the defendant’s criminal conduct,” the filing said.

A date for sentencing has not yet been set. The two sides have agreed to a pre-sentence investigation by probation officers.