Defendants In "Cream Scheme" Will Not Take The Witness Stand

Thursday, November 14, 2019

None of the five defendants in the "Creme Scheme" case at Chattanooga Federal Court will take the witness stand.

The defense put on a single witness - Mark Newkirk, who provides pharmacy compliance consulting.

The government chose not to use any rebuttal witnesses.

Judge Sandy Mattice, who is hearing the case without a jury, earlier spoke of calling a witness of his own, but he did not.

On trial on charges of healthcare fraud are Wayne Wilkerson, Michael Chatfield, Kasey Nicholson, Billy Hindmon and Jayson Montgomery.

Attorneys and defendants are due back in court next Tuesday to discuss some legal issues. Montgomery initially asked to be excused that day due to his work. Judge Mattice said that could be allowed, but he cited the seriousness of the case where the defendants could face prison time. Montgomery said he would try to be in court.

Judge Mattice said, with prosecutors and attorneys providing legal briefs, that the case would likely not be concluded until after the holidays. At this point, he is denying all motions for summary judgment of acquittal.

Final arguments are expected in January, then the judge will render his verdicts.

It was charged that the Wilkerson group received millions of dollars from insurance companies and a government insuror for creams priced as high as $15,000 for a tube. According to testimony, the group had doctors and a pharmacist receiving payments in connection with the cream distribution. There were "marketers" who recruited family members and friends to agree to get the creams, who also got large commissions.

Prosecutor Perry Piper said multiple prescriptions were written and filled without a doctor having any contact with a "patient."  .


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