Two residents of Erie County, Pennsylvania, each have been sentenced in federal court to six years in prison, to be followed by three years of supervised release, and ordered to pay a $250,000 fine on their convictions of conspiracy to commit wire fraud and healthcare fraud. United States District Judge Susan Paradise Baxter imposed the sentences on Aaron Hertel, 47, of North East, Pennsylvania, and Michael Brown, 49, of Erie, Pennsylvania. Both defendants pleaded guilty to one count in March of 2025.
According to information presented to the Court, Hertel and Brown led, managed, and supervised a conspiracy involving numerous employees at Hertel & Brown Physical and Aquatic Therapy that involved the use of unlicensed technicians to treat patients and then billed health insurance providers as if licensed physical therapists and physical therapist assistants had provided the treatment. Additionally, the conspirators consistently billed more treatment time each day than the five locations of Hertel & Brown clinics were open, resulting in massive fraudulent overbilling. Conspirators also tampered with the patient schedule to make it appear that patients had received one-on-one treatment as required by Medicare, which the patients had not received, with the clinics instead treating multiple patients at the same time and billing the patients as if they had received individualized treatment.
Prior to imposing sentence, Judge Baxter noted the significant negative impact on Hertel & Brown’s employees caused by the defendants’ actions and the enormous theft of taxpayer money that resulted from the conspiracy led by the defendants. Restitution from the company and the two former owners will be determined during an April hearing.
Hertel and Brown were among 20 individuals, along with the physical therapy business itself, indicted in November of 2021, with the company and 17 of the defendants pleading guilty to conspiracy to commit wire fraud and healthcare fraud and one additional defendant being convicted of healthcare fraud following an April 2025 jury trial.
“Deliberately inflating services to boost profits is a serious violation of public trust and undermines the integrity of Medicare, Medicaid, and other federally funded health care programs. HHS-OIG will continue collaborating with our law enforcement partners to pursue justice against those who defraud the American people.”
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