UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ UNITED STATES OF AMERICA, │ Plaintiff-Appellee, │ > Nos. 22-5486/5605 │ v. │ │ PETER BOLOS, │ Defendant-Appellant. │ ┘ Appeal from the United States District Court for the Eastern District of Tennessee at Greeneville. No. 2:18-cr-00140-2—J. Ronnie Greer, District Judge.

Argued: February 1, 2024

Decided and Filed: June 12, 2024

Before: SILER, NALBANDIAN, and MATHIS, Circuit Judges. _________________

COUNSEL ARGUED: Scott Burnett Smith, BRADLEY, ARANT, BOULT CUMMINGS LLP, Huntsville, Alabama, for Appellant. Brian Samuelson, UNITED STATES ATTORNEY’S OFFICE, Knoxville, Tennessee, for Appellee. ON BRIEF: Scott Burnett Smith, Hunter W. Pearce, BRADLEY, ARANT, BOULT CUMMINGS LLP, Huntsville, Alabama, R. Sumner Fortenberry, BRADLEY ARANT BOULT CUMMINGS LLP, Jackson, Mississippi, for Appellant. Brian Samuelson, UNITED STATES ATTORNEY’S OFFICE, Knoxville, Tennessee, for Appellee. _________________

OPINION _________________

SILER, Circuit Judge. A jury convicted Defendant, Dr. Peter Bolos, of mail fraud, conspiracy to commit healthcare fraud, and felony misbranding as part of a complex scheme. Nos. 22-5486/5605 United States v. Bolos Page 2

That scheme saw him and his co-conspirators accumulate millions of dollars from pharmacy benefit managers (“PBMs”). On appeal, he makes the bold claim that nothing he did was unlawful and that he is being unfairly held criminally culpable for contractual violations and others’ misconduct. We disagree and affirm.

I.

In 2013, Bolos purchased an interest in Florida-based pharmacy Synergy Pharmacy Services and assumed the position of managing partner. Co-defendant Andrew Assad served as the pharmacist-in-charge. Co-defendant Mike Palso served as the COO. Together, they believed they could build a better pharmacy that didn’t practice some of the “archaic” processes common in the industry. Synergy obtained licenses as a telehealth pharmacy in several states, including Tennessee.

Eventually, in 2015, Synergy signed an agreement with HealthRight, a telemarketing firm, to generate business for Synergy. HealthRight used social media advertisements and large phone banks to generate potential clients for Synergy. The social media advertisements asked viewers if they experienced pain and then asked them to fill out a voluntary survey. When users did this, they were promptly contacted by a HealthRight telemarketer—or “health advocate,” as HealthRight called them—who asked the patient various “intake” questions like they might experience at a doctor’s office. The agent also secured their medical history, insurance status, and details about their pain complaints. Based on the information provided during the call with the agents, agents asked qualifying patients if they wanted a consultation. If they agreed, the patient was transferred to the “care platform” to collect their medical information and enter it into HealthRight’s system.

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