Under Texas law, a licensed counselor or other health professional who holds himself out as a medical doctor, bills for treatment that was never provided, and spends the proceeds on luxury purchases can face felony charges for practicing medicine without a license, health care fraud, and money laundering, along with the loss of the property bought with the money. Those issues are at the center of a case with deep Collin County roots: a federal jury in Fort Worth has convicted Kevin D. Curry, a 64-year-old licensed professional counselor from Frisco, in a $26 million scheme to defraud TRICARE, the health care program for military service members, veterans, and their families. According to the U.S. Department of Justice, Curry ran transcranial magnetic stimulation clinics in Plano, Fort Worth, and Fort Walton Beach, Florida, paid more than $5.5 million in kickbacks to induce patients to consent to therapy they did not qualify for and often never received, falsely held himself out as a medical doctor, and used real physicians’ credentials without their knowledge to bill the program. TRICARE paid about $17 million, and prosecutors say proceeds funded hotel stays, a casino-themed party, and a gold-plated Tesla Cybertruck worth more than $100,000. He will be sentenced at a later date.
The following is general legal commentary from L & L Law Group, PLLC on how Texas law treats these issues in Collin County and across the Dallas-Fort Worth area. It is not legal advice about any specific case, and everyone is presumed innocent unless and until proven guilty.
Is It a Crime in Texas to Claim to Be a Doctor Without a Medical License?
Yes. Under Texas Occupations Code Section 165.152, practicing medicine without a valid Texas medical license is generally a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. Texas defines practicing medicine broadly to include diagnosing or treating physical or mental conditions and publicly holding oneself out as a physician. A licensed counselor, nurse, or other professional who uses the title "doctor" in a way that suggests a medical degree, or who orders or bills for medical treatment only a physician may provide, risks prosecution under this chapter in addition to discipline by their own licensing board.
Can Texas Seize a Car or Property Bought With Fraud Money?
It can. Chapter 59 of the Texas Code of Criminal Procedure allows the state to seek civil forfeiture of "contraband," which includes property used in or derived from many felonies, including fraud and money laundering. A vehicle, bank account, or home bought with alleged criminal proceeds can be seized and then forfeited in a separate civil case, and the state must generally file its forfeiture notice within 30 days of seizure. News reports indicate the FBI seized Curry’s gold-plated Cybertruck months before trial. In Collin County, forfeiture proceedings move on their own timeline, and owners must respond promptly or risk losing the property by default.
How Does Texas Treat Health Care Program Fraud?
Texas Penal Code Section 35A.02 makes Medicaid fraud a state crime, covering false claims, false statements about services, and kickback arrangements, and the punishment is tied to the value involved, reaching a first-degree felony at $300,000 or more. Because TRICARE is a federal military program, cases like this one are prosecuted in federal court, but similar schemes aimed at Texas Medicaid or private insurers can be charged under state law, including insurance fraud under Penal Code Chapter 35. Using real doctors’ identities to submit claims can add a fraudulent use of identifying information charge under Section 32.51.
What Happens When Fraud Proceeds Are Spent or Moved?
Under Penal Code Section 34.02, knowingly acquiring, using, transferring, or investing the proceeds of criminal activity is money laundering, graded by value just like theft. Buying a luxury vehicle, paying for events, or shifting funds between business accounts can each be treated as a separate laundering transaction. For amounts of $300,000 or more, money laundering is a first-degree felony carrying 5 to 99 years or life in prison, and it is often charged alongside the underlying fraud to support forfeiture and increase leverage in plea negotiations.
What Defenses Might Apply in a Health Care Fraud Case in DFW?
Health care fraud cases often turn on medical necessity, documentation, and who knew what. The defense may examine whether services were actually provided, whether billing staff or third-party companies made the coding decisions, whether payments to patients or referral sources fit a legal exception, and whether the defendant intended to deceive. In license cases, the precise wording of titles, advertising, and patient communications matters. Because these cases involve thousands of claims, expert review of the billing data and the government’s loss calculation can significantly affect both the verdict and any sentence.
How L&L Law Group Can Help
L & L Law Group, PLLC represents health care professionals, clinic owners, and business owners in Frisco, Collin County, and throughout the Dallas-Fort Worth area facing health care fraud, licensing-related criminal charges, money laundering allegations, and asset forfeiture actions. Our attorneys move quickly to respond to seizure notices, review billing and clinical records, and protect our clients’ licenses, property, and freedom. If you are under investigation or have received a subpoena, target letter, or forfeiture notice, contact L & L Law Group for a confidential consultation.
Can property be forfeited even if I am not convicted? Texas civil forfeiture is a separate proceeding from the criminal case, and the standards differ. An acquittal or dismissal can be a powerful defense in the forfeiture case, but owners must still respond on time to protect their property.
Can a licensed counselor call themselves "Dr."? A counselor with a doctoral degree may be able to use the title in limited ways, but using it to suggest a medical degree or to provide or bill for medical treatment can violate Texas law and licensing rules.
Are payments to patients always illegal? Not always, but offering money or valuable incentives to induce patients to receive services billed to a government or insurance program can violate state and federal anti-kickback laws.