Pyramid Scheme Fraudster’s Restitution Order Vacated by 6th Cir.

December 22, 2025, 7:31 PM UTC

The Sixth Circuit vacated a $7 million restitution order levied against the founder of a pharmaceutical company who was found guilty of health-care fraud.

But a three-judge panel with the US Court of Appeals for the Sixth Circuit rejected Kevin Clay’s bid to have his 51-month prison sentence overturned because of alleged faulty jury instructions.

The appeals panel ordered that a district judge re-decide if Clay needs to pay restitution, and if so, who he needs to pay and how much.

Pharmaceutical sales company Theramedical was founded by Clay and his friend Matthew Maluchnik and specialized in compounded prescriptions. But ...

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