U.S. Department of Justice
Press Release

Two Individuals Charged in 23-Count Indictment Alleging Prescription Drug Kickbacks, Health Care Fraud, and Aggravated Identity Theft


By - Aug 26th, 2020 07:44 pm

United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced that on August 25, 2020, a federal grand jury returned a twenty-three count indictment against David Guerrero (age: 41) of Milwaukee, Wisconsin, and Alexander Shister (age: 51) of Mequon, Wisconsin.

The indictment charges Guerrero and Shister with paying and receiving illegal kickbacks relating to the provision of items and services payable by federal health care programs. Specifically, the indictment alleges that Shister, who owned several pharmacies in the Milwaukee area, paid kickbacks to Guerrero, who worked at two Milwaukee clinics, in exchange for Guerrero routing prescriptions for compounded pain cream medication to Shister’s pharmacies. Shister’s pharmacies then sought and received reimbursement from Medicare and Medicaid for filling these prescriptions. If convicted, the defendants face up to 5 years in prison for each count. The indictment also charges Guerrero with health care fraud, which carries a maximum penalty of up to 10 years in prison, and aggravated identity theft, which carries a mandatory minimum of 2 years in prison.

This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services – Office of Inspector General, and the Wisconsin Department of Justice Medicaid Fraud Control and Elder Abuse Unit. It will be prosecuted by Assistant United States Attorneys Benjamin Proctor and Michael Carter.

An indictment is only a charge and is not evidence of guilt.  The defendants are presumed innocent and are entitled to a fair trial at which the government must prove them guilty beyond a reasonable doubt.

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