Former Zynex, Inc. Executives Charged with Health Care and Securities Fraud and Related Offenses

Arizona Free Press
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Former Zynex, Inc. Executives Charged with Health Care and Securities Fraud and Related Offenses
PROVIDENCE – A federal grand jury in Rhode Island has returned an indictment, unsealed today, charging the former Chief Executive Officer and Chief Operating Officer of Zynex, Inc., a medical device company, with conspiracy to commit health care fraud, securities fraud, and mail fraud, among other violations. Thomas Sandgaard, 67, a resident of Castle Rock, Colorado and a dual citizen of the United States and Denmark, and Anna Lucsok, 39, a resident of Denver, Colorado and a dual citizen of the United States and the Ukraine, were indicted on one count of conspiracy to commit health care fraud, mail fraud, and securities fraud; nine counts of health care fraud, two counts of mail fraud and three counts of aggravated identity theft, announced United States Attorney Charles C. Calenda. The indictment alleges that from at least 2017 through late 2025, Sandgaard and Lucsok orchestrated a scheme to fraudulently obtain millions of dollars from government and private health care payors and patients, and to defraud investors in Zynex by concealing that the company’s billings and revenues were driven by fraud. In total, Sandgaard and Lucsok caused Zynex to collect more than $873 million for its products, including more than $600,000 million for supplies. The vast majority of the supplies’ billings were unnecessary and improperly billed. The indictment alleges that supplies were shipped in excessive volumes, sometimes as large as 32, 64, or 128 electrode pairs per patient each month. Sandgaard and Lucsok used these fraudulent billings, and the revenues derived from them, to fraudulently inflate the company’s financial reporting and drive up the stock price of Zynex. “This case represents a troubling abuse of patients seeking care, as well as the federal healthcare benefit system,” said United States Attorney Charles C. Calenda. As alleged, the defendants’ conduct undermined programs intended to serve patients in need. Our office remains committed to protecting the integrity of these programs and holding accountable those who seek to exploit patients, payors, and investors.” Sandgaard and Lucsok caused Zynex to submit millions of dollars in fraudulent billings for medical devices and supplies that were not medically necessary, not covered by these insurance programs and not agreed to by the patients. They continued these practices despite being notified many times that their billing practices were fraudulent, and even when patients told Zynex to stop sending those supplies because they already had too many. They also continued these practices despite objections from their own employees, and patient complaints to Zynex and the Better Business Bureau such as: 1/11/2022: [T]hey kept mailing me supplies and I kept getting denials. I called today and was informed that I owe a tremendous amount of money…. I live on $1100.00 dollars a month and cannot [sic] afford much period. …. She informed me that there still would be a rental fee and supply fees. I told her that I could not even afford food at this point. 1/24/2023: I received the product and then continued to receive [sic] batteries and electrodes. AFTER NINE MONTHS I received a bill with 27 charges for supplies. This was the first bill I ever received, they just kept racking up the charges and they waited nine months to send the bill. The minute I received it, I called the company, and they were unable to connect me with the billing department, we set-up a call back – still waiting. I feel like this company is a total SCAM. When financial reporters raised questions about Zynex’s business practices, including shipping unnecessary electrodes, among other things, Sandgaard hired an individual to attempt to disrupt the reporters’ personal lives. These efforts included signing reporters up for therapy sessions and listing conditions such as erectile disfunction. They also sent used female underwear to a reporter’s spouse at the reporter’s home with a thank you card addressed to the spouse, detailing the reporter’s alleged “illicit behavior” – all apparently with the intent to convince the spouse that her husband was being unfaithful. The United States has sought to restrain assets of Sandgaard or related entities, including a Porsche, a BMW, a Mercedes-Benz, real properties in Colorado and Florida, multiple bank accounts, and a Gulfstream G-IV aircraft. The government has also sought to restrain the assets of Lucsok including real property, a Porsche, a Volkswagen SUV, and various bank accounts.