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Thursday, May 4, 2017

MADISON—A Janesville pharmacist has agreed to a plea agreement in a federal case that charges him with Medicaid and Medicare fraud.

Mark Johnson, who ran the former Kealey Pharmacy in downtown Janesville, would get some prison time under the terms of the agreement, according to an online court document for the U.S. Attorney’s Office for the Western District of Wisconsin.

Johnson, 56, of Milton faces a 46-count federal indictment. He is accused of defrauding the government of $1 million by submitting false prescription orders for reimbursement using two doctors’ Drug Enforcement Agency numbers to create prescriptions and lying to auditors.

The government alleges the offenses occurred from January 2008 to March 2014.

The maximum penalties were said to total 387 years in prison and fines of $260,000.

The plea agreement calls for Johnson to plead guilty to only one count of the indictment, which carries maximum penalties that include 10 years in prison and a $250,000 fine.

The plea document does not specify the length of sentence, but it states that the prosecution will recommend the maximum possible reduction for acceptance of responsibility.

The document also states that the defense will argue for no less than one year and one day.

But ultimately, the judge will decide the sentence.

Johnson also agrees to pay restitution for the government’s losses, a figure that is the subject of negotiations between the defense and prosecution. Payment will be immediate.

Johnson is scheduled to formally enter into the agreement by pleading guilty at a hearing set for May 24.

Sentencing will take place at a later date, said a spokeswoman for the U.S. Attorney’s Office.