A federal jury has convicted three former Outcome Health executives for their role in a $1 billion corporate fraud scheme.
The Chicago-based health technology startup installed tablets and digital screens in doctor’s offices and sold advertising space on those screens to pharmaceutical companies. But a 10-week federal trial found Outcome’s executives sold advertising inventory they did not have, inflated metrics and underdelivered on advertising campaigns.
“Despite these under-deliveries, the company still invoiced its clients as if it had delivered in full,” reads a Tuesday statement from the Department of Justice.
The scheme targeting Outcome’s clients allegedly lasted between 2011 and 2017 and resulted in at least $45 million of overbilled advertising services, according to trial evidence. The fraud was originally revealed in a 2017 Wall Street Journal article.
The three executives convicted by the jury this week include:
The three have yet to be sentenced but face years in prison.
Three other former Outcome employees pleaded guilty prior to the trial:
Shah, Agarwal, Purdy and Desai were also charged with fraud in 2019 by the Securities and Exchange Commission.
The three executives were also found guilty of defrauding Outcome’s lenders and investors by overstating company revenue in 2015 and 2016.
The Justice Department says Purdy caused others to “fabricate data to conceal the under-deliveries from the auditor.” Outcome went on to use the inflated revenue figures to raise $475 million through two rounds of debt financing in 2016 and $487.5 million in equity financing in 2017.
By then, the company – formerly called ContextMedia – was valued at more than $5 billion with more than 500 employees compared with just 16 in 2011.
One round of debt financing resulted in a $30.2 million dividend to Shah and a $7.5 million dividend to Agarwal, while the equity financing resulted in a $225 million dividend to Shah and Agarwal.
Defense attorneys argued that the blame should fall on another former official, Desai, who pleaded guilty to wire fraud and testified against the three former executives.
A spokesman for Shah said Tuesday that he plans to appeal and “will exhaust every avenue to overturn this result.”
Lawyers for Agarwal said they will be reviewing the verdict and trial record and “will be considering all options moving forward.”
An attorney for Purdy, Theodore Poulos, said they are “profoundly disappointed” with the verdict and reiterated his defense argument from trial that evidence showed “certain critical information was withheld” from Purdy.
The Associated Press contributed to this report.
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