Tiero CEO Marc Aaron Potash Charged in Alleged $100 Million At-Home COVID Test Billing Fraud

Published Oct. 21, 2026. Case status is current as of that date.

Over-the-counter COVID-19 tests arrived in the mail at homes across the country. According to a federal indictment, the company that shipped them billed insurers as if trained providers had given the tests at its own Maryland laboratory, on dates and at a location that were fake.

On Oct. 9, 2026, a federal grand jury in Maryland indicted Marc Aaron Potash, 57, of Rockville, founder and chief executive officer of Tiero, LLC, a company located in Gaithersburg, the U.S. Attorney's Office for the District of Maryland announced [1]. He is charged with conspiracy to commit health care fraud, seven counts of health care fraud, and five counts of conducting transactions in criminally derived proceeds.

Important: "An indictment is not a finding of guilt," the U.S. Attorney's Office said. Potash is presumed innocent until proven guilty [1]. Everything below describes what the indictment alleges.

Status: Indicted. No plea or trial date was reported in the release. If convicted, he faces a maximum of 10 years in prison on each count; actual federal sentences are typically less than the maximum [1].

How the alleged scheme worked

According to the indictment, as summarized by prosecutors [1], between January 2022 and May 2026:

1. The lab license. Potash and co-conspirators allegedly sent false emails, letters and paperwork to the Maryland Department of Health to obtain a Clinical Laboratory Improvement Amendments (CLIA) certification for Tiero. The documents allegedly portrayed Tiero's medical providers performing on-site COVID-19 testing at the company's purported lab.
2. The claims. Using that CLIA license, the co-conspirators allegedly submitted claims to Medicare, Medicaid, the Federal Employees Health Benefits Program (FEHBP) and other insurers listing false dates of service, a fake place of service, and a phony rendering provider, for tests that would have been administered or analyzed by a Tiero provider.
3. The reality. "In reality," prosecutors said, Potash and his co-conspirators "merely shipped over-the-counter, self-administered COVID-19 tests to insured individuals across the country."
4. The money. In total, they allegedly caused more than $100 million in false and fraudulent claims, resulting in more than $50 million in insurance payments to Tiero.

The indictment also alleges that Potash bought a Range Rover, a Mercedes-Benz, and a $4 million property in Beallsville, Maryland, along with two "security transfers" of more than $4 million and $8 million, as monetary transactions in criminally derived property [1].

The release refers to unnamed co-conspirators. No one else has been publicly named in the case, and we are not speculating about who they might be.

The defendant

Marc Aaron Potash, 57, Rockville, Maryland. Founder and CEO of Tiero, LLC, Gaithersburg. Indicted Oct. 9, 2026. Presumed innocent [1].

The FBI Washington Field Office, HHS-OIG and the Office of Personnel Management's Office of Inspector General investigated. Assistant U.S. Attorneys Megan S. McKoy and Joshua Rosenthal are prosecuting. The release says the case is part of the administration's Task Force to Eliminate Fraud [1].

Why this matters to people who got "free" tests

Many people received at-home COVID-19 tests during and after the pandemic and never thought about who paid for them. In a scheme like the one alleged here, the person receiving the test kit may see nothing unusual. The billing happens behind the scenes, against their insurance, using their member information. Inflated or false claims can still appear on a patient's Explanation of Benefits or Medicare statement, and they cost the programs that everyone pays into.

Red flags

• Insurance statements showing a lab visit, office visit or "provider-administered" COVID test when you only received a kit in the mail.
• A provider or lab name you don't recognize billing for tests on dates you don't remember.
• Unsolicited test kits or medical supplies arriving at your home that you didn't order.
• Requests for your Medicare or insurance number in exchange for "free" tests, supplies or gifts.

What to do

1. Read every Medicare Summary Notice or Explanation of Benefits. Medicare recommends comparing the dates and services you received with the statements you get [2].
2. Protect your Medicare number. Medicare says not to give your Medicare card, Medicare Number, Social Security card or Social Security Number to anyone except your doctor or people you know should have it [2].
3. Report suspected fraud to 1-800-MEDICARE (1-800-633-4227) or online. If you have a Medicare Advantage or drug plan, Medicare also lists the I-MEDIC line at 1-877-7SAFERX (1-877-772-3379) [2].
4. Send a tip to HHS-OIG, which accepts complaints about fraud in Medicare, Medicaid and other HHS programs [3].
5. For private insurance or FEHBP plans, call the fraud line on the back of your card.

Case status (as of Oct. 21, 2026)

Defendant	Court	Status as of Oct. 21, 2026	Source
Marc Aaron Potash, 57, Rockville (Tiero, LLC)	Federal, D. Md. (Greenbelt)	Indicted Oct. 9, 2026: conspiracy to commit health care fraud, 7 counts health care fraud, 5 counts transactions in criminally derived proceeds; presumed innocent	[1]

Statuses can change. Those not convicted are presumed innocent.

Sources

1. U.S. Attorney's Office, District of Maryland, "Maryland Man Facing Federal Indictment for Role in COVID-19 Healthcare Fraud Scheme Totaling More Than $100M," Oct. 9, 2026. https://www.justice.gov/usao-md/pr/maryland-man-facing-federal-indictment-role-covid-19-healthcare-fraud-scheme-totaling
2. Medicare.gov, "Reporting Medicare fraud & abuse" (accessed Oct. 21, 2026). https://www.medicare.gov/basics/reporting-medicare-fraud-and-abuse
3. U.S. Department of Health and Human Services, Office of Inspector General, "Report Fraud, Waste, and Abuse" (accessed Oct. 21, 2026). https://oig.hhs.gov/fraud/report-fraud/

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