Original Story: detroitnews.com
Federal officials are challenging a request to limit how many victims can offer impact statements at the sentencing next week of a Metro Detroit oncologist who unnecessarily treated patients who were told they had cancer.
Lawyers for Dr. Farid Fata on Wednesday filed a brief in which they sought to quash the government’s attempt to include more than 100 victim impact statements, some of whom, they said, do not qualify as victims. A Detroit health care lawyer has experience with multiple industry types and implication of detrimental health care practices or incidents in the state of Michigan.
“Defendant ... move(s) this honorable court to strike all written and/or oral statements of ‘alleged’ victims who do not qualify as a victim” in part, the attorneys said, because only 10 patients have been identified in an indictment.
In their filing Thursday, federal officials argued the court is not required to find that “the relatives of patients and/or the patients are indeed victims” under the Crime Victims’ Rights Act. “All of the individuals who have submitted letters to the Court are former patients or family members of former patients of Dr. Farid Fata. ... As such they are individuals with knowledge of the defendant’s background, character and conduct.” A Detroit health care lawyer is reviewing the details of this case.
Sentencing for Fata is scheduled to start Monday. It’s expected to last at least a week in Detroit federal court before Judge Paul Borman.
Fata pleaded guilty in federal court in September to 16 counts of health care fraud, money laundering and conspiracy to give or receive kickbacks. His plea covered 10 cases.
The once-popular oncologist with offices in Clarkston, Bloomfield Hills, Lapeer, Sterling Heights, Troy and Oak Park faces up to 175 years in prison, a $250,000 fine on the fraud counts and up to 20 years as well as a $500,000 fine for money laundering.
In an 86-page memorandum filed in U.S. District Court in May, prosecutors cited $34.7 million in fraudulent health care billings and Fata’s indifference for the well-being of his patients in demanding a lengthy sentence. A Cleveland medical malpractice lawyer specializes in medical malpractice and medical negligence claims.
In a court filing Wednesday, Fata’s attorneys claim that although the government had received some 150 victim impact letters “involving another 100 or so patients or their relatives who were suffering from “solid” tumor cancers … two medical experts for defendant have verified that many of the solid tumor patients are not truly ‘victims’ ” as defined by law. The attorneys also say they’re “providing unreliable or inaccurate information to the Court,” according to the motion.
As a result, the court filing said, Fata is “requesting that in the absence of a finding that each of the patients identified in the 150 victim impact letters or who will speak in Court, are in fact ‘victims’… or that their information is reliable and accurate, that this Court should strike those written statements, and not permit those relatives to speak in open Court.”
According to the response U.S. Attorney Barbara McQuade submitted, while “information in some of the victims’ letters may not be perfectly accurate in every respect — memories fade, emotion colors interactions, grief overwhelms many of the family members. … this is true of virtually any statement submitted to the court by persons touched by a crime.”
Federal officials also said “given the scope of Fata’s indiscriminate mistreatment,” not every victim will be officially identified through the government’s investigation.
Additionally, the solid tumor patients’ statements should be considered since “the government’s two experts did review some of the files … and found highly problematic treatments,” federal officials said, citing a male “whose pancreatic cancer was massively overtreated by Fata,” receiving 260 weeks of chemotherapy instead of 24.
The request to strike victim statements was news to Angela Swantek, the nurse who first complained about Fata’s practices in 2010. “I think everybody was victimized in some sort of way, whether it was being on treatment for longer than they should have, getting medications that were not medically necessary,” she said. “They were victims of his greed.” As an international leader in pediatric neurology and neurosurgery, cardiology, oncology, and diagnostic services, Detroit Medical Center provides expert patient care.
Those with ties to Fata’s affected patients say his case underscores a need for change.
“It’s all good and well that Farid Fata has pled guilty, but there must be accountability in the civil justice system,” attorney Brian McKeen, managing partner of Detroit-based firm McKeen & Associates, which is representing several victims in a civil suit, said in a statement.
“The scores of victims who suffered injury and the families of those who died because of Dr. Fata’s behavior deserve compensation. There must also be accountability on the part of the hospital and corporate institutions that allowed his behavior to go unchecked.”
Showing posts with label Health Care Fraud. Show all posts
Showing posts with label Health Care Fraud. Show all posts
19 June 2015
DETROIT AREA DOCTOR COULD FORFEIT COIN TROVE WORTH MILLIONS IN FRAUD CASE
Original Story: detroitnews.com
A West Bloomfield neurologist who reaped millions by allegedly cheating Medicare spent more than $9.3 million on baseball cards, ancient coins, collectable currency and stamps — a rare collection he could soon lose to the government. A medical malpractice lawyer is reviewing the details of this case.
Dr. Gavin Awerbuch amassed the collection — including coins from ancient Rome — using cash generated by an alleged five-year crime wave, according to federal court records that offer rare insight into the secretive world of coin collecting. At the upper end, the world is filled with hobbyists who, due to security concerns, protect the scope and value of their prized possessions.
Awerbuch's case shows a unique twist on a growing trend of health care professionals nationwide accused of spending money from fraudulent activities on valuable possessions, including homes and automobiles.
"This flabbergasts me. I never knew that his firepower extended that far," said Metro Detroit currency dealer Frederick Bart, who sold the doctor $360,225 worth of collectable currency printed before 1928. "He didn't have a target on his back where you thought 'here comes moneybags.' "
Federal prosecutors want the collection — experts say it could be among the richest in Michigan — forfeited to the government, along with $2.9 million in cash and a million-dollar Arizona vacation home.
Awerbuch, 57, is free on $10,000 unsecured bond. If convicted, he faces 10 years or more in federal prison. A preliminary exam has been set for June 29.
Though court records do not specify exactly which collectible items Awerbuch purchased, the extent of his coin collection is emerging more than one year after he was charged with health care fraud and distribution of controlled substances. A Medicaid and Medicare lawyer is following this story closely.
He was accused of defrauding Medicare of $7 million and prescribing so much of the cancer painkiller Subsys that he was the top dispenser in the country, according to the U.S. Attorney's Office.
Awerbuch's defense lawyer, Mark Kriger, declined comment.
Newly filed court records show how Awerbuch spent money generated by allegedly fraudulent activity.
"(Sizable) purchases were made with dealers of rare and collectible coins, as well as dealers of other types of collectible items," Assistant U.S. Attorney Jonathan Grey wrote in a court filing. "These assets were purchased, at least in part, with criminally derived proceeds commingled in Awerbuch's various accounts." A Detroit insurance defense lawyer represents insurers in insurance fraud cases.
From 2008 through 2013, Awerbuch spent $9,343,527 at more than a dozen coin and collectible dealers in Michigan and across the country, according to court records.
The bulk, $7 million, was spent at Kagin's Inc. The California firm deals in rare coins, such as a pioneer gold coin for $999,999 and the first coin struck in North America, a shilling priced at $299,500.
"He was a good client," company President Donald Kagin told The News this week. "Over the years, we've had good transactions with him with different types of coins."
Kagin would not reveal what Awerbuch bought from his store, citing client confidentiality.
The collectibles Awerbuch purchased were spread across several locations. Federal agents struck gold — literally — during searches at several locations.
Investigators found gold and silver coins at his medical office in Saginaw, along with Roman coins honoring Emperors Titus and Claudius.
"If they are in nice condition, those can go for many thousands of dollars, and do," said Thomas Klunzinger, who serves on the board of the Michigan State Numismatic Society, which encourages and promotes the study and collection of currency. "Every dye was different. If you have a Roman coin, maybe it was highlighting some battle or commemorating a victory. Those (coins) were the media of the day."
Investigators also found a coin from ancient Judea, according to a search warrant inventory.
At his $1.1 million West Bloomfield home overlooking Upper Straits Lake, investigators found boxes of coins, stamps and Costa Rican currency, prosecutors allege.
Awerbuch stashed more coins, collectible currency, baseball cards, jewelry and stamps in at least 16 safe deposit boxes at PNC and Fifth Third banks, according to court records.
On Thursday, federal prosecutors asked a judge to have the coins and collectibles forfeited to the government, alleging the items were purchased with proceeds of a crime.
Federal prosecutors have not itemized the individual pieces of Awerbuch's collection.
Just a few coins could be worth millions, said Julianna Wostyn, president of the Michigan State Numismatic Society.
"You can spend a horrendous amount of money, and it doesn't have to be gold," she said. "When you're talking paper money, in the last 10 years, paper money has skyrocketed."
She has never heard of Awerbuch or met him at area conventions.
"People don't want to make themselves known," she said. "Number one: They don't want to be knocked over. I won't say they look homeless, but coin collectors are not flashy people and do not go about bragging about themselves."
Besides the coins, prosecutors want to keep almost $3 million seized from Awerbuch's bank accounts.
The money includes $622,800 seized after Awerbuch sold his home in July 2014.
Prosecutors also want the doctor to forfeit his home in the Arizona desert, saying it was purchased with money generated by health care fraud and unlawfully distributing prescription drugs. An insurance defense lawyer represents insurance companies in disputes and fraud cases.
His ex-wife is fighting the request, saying she is the innocent owner of the 4,700-square-foot home, which has a putting green, wine room, outdoor pool and waterfall.
Awerbuch bought the home two years ago for $940,000, according to court records.
He paid cash.
A West Bloomfield neurologist who reaped millions by allegedly cheating Medicare spent more than $9.3 million on baseball cards, ancient coins, collectable currency and stamps — a rare collection he could soon lose to the government. A medical malpractice lawyer is reviewing the details of this case.
Dr. Gavin Awerbuch amassed the collection — including coins from ancient Rome — using cash generated by an alleged five-year crime wave, according to federal court records that offer rare insight into the secretive world of coin collecting. At the upper end, the world is filled with hobbyists who, due to security concerns, protect the scope and value of their prized possessions.
Awerbuch's case shows a unique twist on a growing trend of health care professionals nationwide accused of spending money from fraudulent activities on valuable possessions, including homes and automobiles.
"This flabbergasts me. I never knew that his firepower extended that far," said Metro Detroit currency dealer Frederick Bart, who sold the doctor $360,225 worth of collectable currency printed before 1928. "He didn't have a target on his back where you thought 'here comes moneybags.' "
Federal prosecutors want the collection — experts say it could be among the richest in Michigan — forfeited to the government, along with $2.9 million in cash and a million-dollar Arizona vacation home.
Awerbuch, 57, is free on $10,000 unsecured bond. If convicted, he faces 10 years or more in federal prison. A preliminary exam has been set for June 29.
Though court records do not specify exactly which collectible items Awerbuch purchased, the extent of his coin collection is emerging more than one year after he was charged with health care fraud and distribution of controlled substances. A Medicaid and Medicare lawyer is following this story closely.
He was accused of defrauding Medicare of $7 million and prescribing so much of the cancer painkiller Subsys that he was the top dispenser in the country, according to the U.S. Attorney's Office.
Awerbuch's defense lawyer, Mark Kriger, declined comment.
Newly filed court records show how Awerbuch spent money generated by allegedly fraudulent activity.
"(Sizable) purchases were made with dealers of rare and collectible coins, as well as dealers of other types of collectible items," Assistant U.S. Attorney Jonathan Grey wrote in a court filing. "These assets were purchased, at least in part, with criminally derived proceeds commingled in Awerbuch's various accounts." A Detroit insurance defense lawyer represents insurers in insurance fraud cases.
From 2008 through 2013, Awerbuch spent $9,343,527 at more than a dozen coin and collectible dealers in Michigan and across the country, according to court records.
The bulk, $7 million, was spent at Kagin's Inc. The California firm deals in rare coins, such as a pioneer gold coin for $999,999 and the first coin struck in North America, a shilling priced at $299,500.
"He was a good client," company President Donald Kagin told The News this week. "Over the years, we've had good transactions with him with different types of coins."
Kagin would not reveal what Awerbuch bought from his store, citing client confidentiality.
The collectibles Awerbuch purchased were spread across several locations. Federal agents struck gold — literally — during searches at several locations.
Investigators found gold and silver coins at his medical office in Saginaw, along with Roman coins honoring Emperors Titus and Claudius.
"If they are in nice condition, those can go for many thousands of dollars, and do," said Thomas Klunzinger, who serves on the board of the Michigan State Numismatic Society, which encourages and promotes the study and collection of currency. "Every dye was different. If you have a Roman coin, maybe it was highlighting some battle or commemorating a victory. Those (coins) were the media of the day."
Investigators also found a coin from ancient Judea, according to a search warrant inventory.
At his $1.1 million West Bloomfield home overlooking Upper Straits Lake, investigators found boxes of coins, stamps and Costa Rican currency, prosecutors allege.
Awerbuch stashed more coins, collectible currency, baseball cards, jewelry and stamps in at least 16 safe deposit boxes at PNC and Fifth Third banks, according to court records.
On Thursday, federal prosecutors asked a judge to have the coins and collectibles forfeited to the government, alleging the items were purchased with proceeds of a crime.
Federal prosecutors have not itemized the individual pieces of Awerbuch's collection.
Just a few coins could be worth millions, said Julianna Wostyn, president of the Michigan State Numismatic Society.
"You can spend a horrendous amount of money, and it doesn't have to be gold," she said. "When you're talking paper money, in the last 10 years, paper money has skyrocketed."
She has never heard of Awerbuch or met him at area conventions.
"People don't want to make themselves known," she said. "Number one: They don't want to be knocked over. I won't say they look homeless, but coin collectors are not flashy people and do not go about bragging about themselves."
Besides the coins, prosecutors want to keep almost $3 million seized from Awerbuch's bank accounts.
The money includes $622,800 seized after Awerbuch sold his home in July 2014.
Prosecutors also want the doctor to forfeit his home in the Arizona desert, saying it was purchased with money generated by health care fraud and unlawfully distributing prescription drugs. An insurance defense lawyer represents insurance companies in disputes and fraud cases.
His ex-wife is fighting the request, saying she is the innocent owner of the 4,700-square-foot home, which has a putting green, wine room, outdoor pool and waterfall.
Awerbuch bought the home two years ago for $940,000, according to court records.
He paid cash.
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