The indictment alleges that McAfee is not a veteran and that he plotted a scheme in which he received thousands of dollars of health care benefits between December 1999 and March 2007, by masquerading as veteran. McAfee is accused of stealing the identity of a real Vietnam veteran who resides in Alabama.
Each of the four counts of health care fraud carries a maximum penalty of not more than 10 years imprisonment, upon conviction. The aggravated identity theft charge carries a mandatory statutory penalty of two years imprisonment, which must be served consecutively to any sentence imposed for a health care fraud conviction. The false statement count carries a maximum statutory penalty of not more than five years imprisonment. In addition to prison terms, each of the six counts also carry a statutory maximum fine of $250,000 fine.