A Natick psychiatrist who was convicted this week of defrauding Medicare and private insurers out of $11 million in bogus bills could be busy as he awaits sentencing in January: In the weeks before his trial, he filed a series of lawsuits against three insurers he alleges owe him a total of $40 million for what he says are withheld payments for patient sessions - and charging they conspired with federal prosecutors to go after him.
Gustavo Kinrys, acting as his own lawyer, also sued an auctioneer and lawyer over what he claims is a fake Rolex watch he bought at auction, a Boston expert-witness company for allegedly providing information to his federal criminal lawyer without his consent and a California tax consultant for allegedly failing to help him with an IRS matter. And he sued American Express in what is basically a class-action suit over dispute arbitration for more than $100 million.
Kinrys filed all his suits in superior court in Nantucket, where he says he now lives. A number of the organizations have since petitioned to have the cases moved to federal court in Boston, because his cases raise issues under federal civil-rights laws and the RICO act.
Kinrys has not practiced medicine since December 20, 2020 - roughly two weeks after he was indicted - when he signed an agreement with the Massachusetts Board of Registration in Medicine to voluntarily turn in his license, at least pending the outcome of his case.
In his suits against Blue Cross/Blue Shield of Massachusetts, UnitedHealth/Optum and a health plan run by Mass General Brigham, Kinrys alleges the three insurers refused to pay him for a total of 13,000 patient sessions between 2017 and 2021 - worth a total of $40 million - partly because they are thoroughly horrible organizations, partly because they were corruptly working with federal prosecutors to go after him. The federal indictment covers what a jury found to be fraudulent bills he submitted to Medicare and private insurers between 2015 and 2018 for sessions of transcranial magnetic stimulation (TMS) and psychotherapy for patients suffering from depression.
In each of his lawsuits against the insurers, Kinrys writes:
As part of this scheme [to refuse to pay him], Plaintiff alleges that Defendant engaged in concerted action with federal prosecutors, exchanging misleading and deceptive inforation, fabricating evidence, and exerting influence over the prosecution process to initiate shame investigations against Plaintiff and other healthcare providers.
Defendant conspired with federal prosecutors in an unlawful collaboration aimed at violating Plaintiff's constitutional rights and retaliating against providers who asserted their legal rights for proper reimbursement.
In another suit, Kenrys charges that the "Rolex Vintage Solid 18K Yellow Gold 37mm Watch" he bought at auction for $42,000 on Dec. 18, 2021 was a fake and that the California auctioneer and its Pennsylvania lawyer used insults related to his pending federal case, his national origin and race - Kenrys is originally from Brazil and is Black - and other methods to drag out his attempts to get his money back.
Defendant's actions were granted in perceived racial superiority over a Plaintiff as a minority, reflecting unlawful prejudice.
Defendant's racist statements exhibit animus against Plaintiff as an immigrant and person of color. The misconduct was rooted in a belief of racial superiority and desire to deny Plaintiff's exercise of legal rights.
His suit against American Express does not detail just how the company wronged him. Instead it is a long series of claims about how the company allegedly misleads and harms consumers in general over arbitration practices. He is seeking creation of a non-profit foundation to disburse the $100 million he claims Amex should be forced to hand over for "victims of AMEX's abuses," as well as additional compensatory damages for "the emotional distress and financial harm caused by Defendants' coercive practices."
Mass General Brigham complaint (12.3M PDF).
BC/BS complaint (3.4M PDF).
Optum/UnitedHealth complaint (11.7M PDF).
No World Borders complaint (953k PDF).
Auctioneer complaint (2.2M PDF).
Auctioneer lawyer complaint (2.3M PDF).
Tax preparer complaint (1.4M PDF).
American Express (1.5M PDF).
Kinrys's agreement to stop practicing (63k PDF).