Levy argued that the prescriptions "were not medically necessary as they contained a predetermined set of virtually identical Fraudulent Equipment." In contrast, he argued, doctors treating patients in "a legitimate setting" would direct a more specific course of treatment based on the patient's symptoms.

"In further keeping with the fact that the prescriptions for Fraudulent Equipment … were not medical necessity but were the result of a predetermined fraudulent protocol, the prescriptions typically contained vague and generic descriptions for [durable medical equipment] and [orthotic devices], which … provided the Defendants with the opportunity to purportedly provide—and bill Geico for—whatever DME or OD they wanted," Levy wrote.

In some cases, patients were simultaneously prescribed braces that would immobilize parts of their bodies and directed to conduct physical therapy regimens that "required prolonged bending and stretching of weakened parts of the body," Levy wrote.

"No legitimate treatment regimen would involve the simultaneous prescription of mobilizing physical therapy and immobilizing devices," he wrote.

Gorbachev devised the scheme "in conjunction with others who are not readily identifiable to Geico," identified in the complaint as John Does 1-10, Levy wrote.

Multiple phone numbers for Gorbachev or Grand Medical appeared to be out of service Friday, and the defendants had not yet entered an appearance in the case. Levy did not respond to a request for comment.

The case has been assigned to U.S. District Judge Diane Gujarati of the Eastern District of New York.

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