A Florida man who owns laboratories in Birmingham and Spanish Fort is awaiting sentencing after pleading guilty to his actions in a COVID-19 test scheme.

James “Bo” Potter pleaded guilty to conspiracy to violate the anti-kickback statute in federal court.

The U.S. Attorney’s Office for the Southern District of Alabama prosecuted the case, claiming from February to May 2023, Potter purchased and sold Medicare beneficiary identification numbers (BINs) in connection to a nearly $20 million scheme. Those BINS were then used to bill Medicare for the test kits. Prosecutors said beneficiaries never requested many of those kits and did not receive them.

Potter faces up to five years in prison followed by three years of supervised release, a fine of $250,000 and restitution. He must also forfeit over $6 million held in accounts from his business.

Brian Cotugno, of Auburn, Georgia, was listed as Potter’s co-conspirator. Cotugno, who sold the tests to Potter, has also pleaded guilty.

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To connect with the author of this story or to comment, email erica.thomas@1819news.com.

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