Ten former NFL players have been charged with defrauding the league’s health care benefit program, the Department of Justice said on Thursday. They include five former Washington players, including Clinton Portis and Carlos Rogers.

Prosecutors allege the players targeted the Gene Upshaw NFL Player Health Reimbursement Account Plan, which was established as part of a collective bargaining agreement in 2006. It provides tax-free reimbursement of out-of-pocket medical care expenses that were not covered by insurance and that were incurred by former players, their spouses and dependents.

The Justice Department alleges the players submitted nearly $4m in false claims to the plan, resulting in over $3.4m being paid out between June 2017 and December 2018.

“Ten former NFL players allegedly committed a brazen, multimillion-dollar fraud on a health care plan meant to help their former teammates and other retired players pay legitimate, out-of-pocket medical expenses,” assistant attorney general Brian Benczkowski said. “Today’s indictments underscore that, whoever you are, if you loot health care programs to line your own pockets, you will be held accountable by the Department of Justice.”

Court papers allege Portis and seven other players submitted claims to be reimbursed for expensive medical equipment. But prosecutors allege they had never purchased or received the medical equipment. Portis made more than $43m in salary during his NFL career. The 38-year-old said he had no comment when contacted by ESPN on Thursday.

The indictment filed in federal court in Kentucky alleges the players fabricated letters from health care providers about using the medical equipment, fabricated prescriptions that were purportedly signed by healthcare providers and created fake invoices from medical equipment companies in an effort to prove the equipment was purchased. After the phony claims were submitted, the former players would receive reimbursement checks and pay a kickback to the ringleaders and recruiters, the indictments charge.

Prosecutors moved to bring charges, in part because the scheme put the health care plan’s tax-exempt status at risk, which could’ve forced other former players using the plan legitimately to pay more, Benczkowski said.

Four of the suspects, Robert McCune, Rogers, John Eubanks and Ceandris Brown, were arrested Thursday morning by the FBI. Six others had agreed to surrender to authorities, the Justice Department said. They are: James Butler, Fredrick Bennett, Etric Pruitt, Tamarick Vanover, Portis and Cornell Buckhalter.

The Justice Department has also filed court papers in Kentucky noting that it plans to file charges against two other players as well, including Joe Horn, a four-time Pro Bowl wide receiver for the New Orleans Saints, and Donald “Reche” Caldwell.