PostedMay 16, 2022, 9:17 p.m.
The owner of a pharmacy appeared before the court to answer for acts of fraud to the detriment of several health insurance companies. Some of its employees and their customers will also have to explain themselves to the courts.
Reimbursements for medicines not delivered were used in particular to purchase parapharmacy goods.
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Pharmacist with a big heart helping his modest customers or scammer cheating health insurance to get rich? This is the question that the Geneva Criminal Court will have to decide this week. Seven pharmacists or employees are accused of having unduly charged prescription drugs to the cash desks. Once the amounts have been reimbursed, the customers would have benefited in particular from credit notes with the trade for non-prescription products.
Sensitive to precariousness
The tone and the line of defense of the main defendant, the owner of the pharmacy, were quickly given. Me Yaël Hayat did not hesitate to qualify his client as “the Robin Hood of the pharmacy”. In response to questions from his lawyer, the accused described himself as sensitive to the precariousness and misery of the people, encountered in Egypt where he grew up. The man detailed how, during his university studies already, he worked or supported associations to help the needy. For his advice, “taking away from the rich to give to the poor is the crux of the matter”.
In front of the judges, the pharmacist tried to explain the accounts of his pharmacy. He said he had billed for prescription drugs that had not been delivered in order to be able to offer other drugs prescribed but not reimbursed by the funds. Other times, the amounts reimbursed by insurance allowed customers to afford parapharmacy products. Finally, he said he used the same scheme to get his copayments reimbursed. “You know, in total, the customers owed us 150,000 francs.”
No luxury goods
These actions, “I did not do them to enrich myself, but to serve people in need”, pleaded the apothecary. He insisted that the products purchased, such as disinfectant or toothpaste, are basic necessities. These facts, he also assumes responsibility for his employees, while ensuring that they could have refused. Of awareness, there does not seem to be any, the accused said he did not understand what he is doing in court for having helped the needy, people at AI or refugees who used these vouchers to ” buy yourself a pack of 80 ct handkerchiefs”.
The trial continues on Tuesday with the hearing of pharmacy employees, then customers.
The facts alleged against the twelve defendants would have occurred between 2006 and 2016 in a pharmacy on the right bank, some actions would even date from 2002, according to the prosecution. Some of the offenses are time-barred. The seven pharmacists and five customers are accused of fraud. The two officials are also accused of forgery in the titles. More than ten health insurance companies would have been harmed, up to 2.5 million francs.
Even before the start of the trial, the parties’ lawyers tried to send the prosecutor back to his studies. Counsel for the defendants pleaded for the postponement of the hearing and the referral of the case to the Public Prosecutor. A unanimous request from men and women of law who argued the weakness of the indictment. According to them, the document was too imprecise for the accused to have been able to calmly prepare their defence. Their request was refused by the Tribunal, but the indictment was completed.