WHAT YOU NEED TO KNOW
- Marc Aaron Potash was indicted on conspiracy, healthcare fraud, and criminal proceeds charges involving at home COVID-19 tests.
- Prosecutors allege more than $100 million in fraudulent claims generated over $50 million in insurance payments to Tiero.
- The indictment cites vehicle purchases, $4 million in Maryland real estate, and two security transfers exceeding $4 million and $8 million.
- Potash is presumed innocent and faces maximum prison terms of 10 years for each charged offense if convicted.
A federal grand jury indicted Marc Aaron Potash, 57, of Rockville, Maryland, on Friday over an alleged healthcare fraud operation involving at-home, self-administered COVID-19 tests. Prosecutors say the case concerns more than $100 million in false and fraudulent claims submitted to government programs and other insurers.
Potash faces one charge of conspiracy to commit healthcare fraud and seven counts of healthcare fraud. He is also charged with five counts of conducting transactions in criminally derived proceeds.
The claims were allegedly submitted to Medicare, Medicaid, the Federal Employees Health Benefits Program, and other insurers. The prosecution is part of the Trump Administration’s Task Force to Eliminate Fraud.
According to the indictment, Potash conspired with others between January 2022 and May 2026 to enrich himself and increase the financial success of Tiero, LLC. The company is located in Gaithersburg, Maryland.
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Potash served as Tiero’s founder and chief executive officer. Prosecutors allege that he and his coconspirators sought insurer money through false and fraudulent representations involving COVID-19 testing.
The indictment says the group sent false emails, letters, and paperwork to the Maryland Department of Health. Those materials were allegedly used to obtain a Clinical Laboratory Improvement Amendments certification for Tiero.
Charges Today in $100M Health Care Fraud Scheme
A federal grand jury has indicted Marc Aaron Potash for allegedly billing Medicare, Medicaid, and FEHBP $100M+ for lab-administered COVID-19 tests that never occurred. The indictment further alleges that Potash purchased a Range Rover, Mercedes-Benz, and $4 million dollars of property with criminally derived funds. An indictment is not a finding of guilt. Potash will now answer these charges in federal court. This case is the result of excellent work by @USAO_MD, @FBIWFO, @OIGatHHS, & OPM-OIG. — Colin M. McDonald (@AAGMcDonald) October 9, 2026
Documents allegedly portrayed Tiero medical providers as performing on-site COVID-19 testing at the company’s purported laboratory. Prosecutors contend that this paperwork created a false picture of the services the company was actually providing.
Potash and his coconspirators then allegedly used Tiero’s CLIA license to submit fraudulent insurance claims. Those claims listed false service dates, a fake service location, and a phony rendering provider for tests supposedly administered or analyzed by a Tiero provider.
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In reality, according to the indictment, the company merely shipped over-the-counter, self-administered COVID-19 tests to insured individuals across the country. The testing operation described in the claims allegedly did not match what customers received.
Prosecutors say the scheme caused more than $100 million in false and fraudulent healthcare claims to be submitted. Those claims resulted in more than $50 million in insurance payments to Tiero.
The indictment also accuses Potash of conducting multiple financial transactions using criminally derived property. The alleged purchases included a Range Rover, a Mercedes-Benz, and $4 million in real property located in Beallsville, Maryland.
Prosecutors also cited two security transfers. Those transfers totaled more than $4 million and $8 million, respectively, according to the indictment.
If convicted, Potash faces a maximum of 10 years in federal prison for the conspiracy charge. He also faces a maximum of 10 years for each healthcare fraud count and each count involving transactions in criminally derived proceeds.
An indictment is not a finding of guilt, and Potash is presumed innocent unless proven guilty in a later criminal proceeding. Actual federal sentences are generally lower than the maximum penalties, with a federal district court judge considering sentencing guidelines and other statutory factors.
Kelly O. Hayes, U.S. Attorney for the District of Maryland, announced the indictment with Darren B. Cox of the FBI Washington Field Office, T. March Bell of HHS-OIG, and Michael R. Esser of OPM-OIG.
The Department of Justice announced the creation of its National Fraud Enforcement Division on April 7. The division focuses on investigating and prosecuting fraud committed against the American people.
That work supports President Trump’s Task Force to Eliminate Fraud, a government-wide effort chaired by Vice President J.D. Vance. Its stated mission is eliminating fraud, waste, and abuse within federal benefit programs.
Hayes commended the FBI, HHS-OIG, and OPM-OIG for their work on the investigation. Assistant U.S. Attorneys Megan S. McKoy and Joshua Rosenthal are prosecuting the federal case.
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