Two physicians who went to trial and were convicted of some counts are awaiting sentencing. Dr. Vilasini Ganesh, a family practice physician and head of Campbell Medical Group, was convicted of 10 health care fraud and false statements relating to health care matters and Dr. Gregory Belcher (an orthopedic surgeon) was convicted of one count of making false statements relating to health care matters. Both were acquitted of some counts. There was an 8 week trial before the Honorable Lucy H. Koh, U.S. District Court Judge, and sentencing is now set for April 4, 2018 before the same judge.
The government contended that the evidence
at trial showed that from 2009 to 2014, Dr. Ganesh submitted false and fraudulent claims to several
health care benefit programs for services that she knew were not properly
payable, by including claims for days when the patient had not been seen by the
provider, exaggerated the amount of time spent with the patient, and submitting claims showing patients were seen by another physician
provider who was no longer affiliated with her practice. There was alleged billing when the office was closed or the doctors or staff were out of state. The government also contended that Dr. Belcher had on at least one occasion submitted
a false claim in connection with a billing matter related to his physical
therapy practice.
This case moved relatively quickly since it was in July 2017 that the doctors were indicted by a federal grand jury charging them with one count of conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349; one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h); and multiple counts health care fraud, in violation of 18 U.S.C. § 1347, and 2 and false statement relating to health care matters, in violation of 18 U.S.C. § 1035.
The maximum sentence is not indicative of what the sentence will be but it still frightens any physician or individual faced with these charges. The maximum statutory penalty for each count in violation of 18 U.S.C. Section 1347 is 10 years imprisonment and a $250,000 fine plus restitution, if appropriate. The maximum statutory penalty for each count in violation of 18 U.S.C. Section 1035 is five years imprisonment and a $250,000 fine plus restitution, if appropriate. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
I would assume that there may be motions for a new trial, possible appeals and potential resolutions given that the acquittals on the money laundering counts and some of the other counts.
Posted by Tracy Green, Esq.
Green and Associates
This case moved relatively quickly since it was in July 2017 that the doctors were indicted by a federal grand jury charging them with one count of conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349; one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h); and multiple counts health care fraud, in violation of 18 U.S.C. § 1347, and 2 and false statement relating to health care matters, in violation of 18 U.S.C. § 1035.
The maximum sentence is not indicative of what the sentence will be but it still frightens any physician or individual faced with these charges. The maximum statutory penalty for each count in violation of 18 U.S.C. Section 1347 is 10 years imprisonment and a $250,000 fine plus restitution, if appropriate. The maximum statutory penalty for each count in violation of 18 U.S.C. Section 1035 is five years imprisonment and a $250,000 fine plus restitution, if appropriate. However, any sentence will be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
I would assume that there may be motions for a new trial, possible appeals and potential resolutions given that the acquittals on the money laundering counts and some of the other counts.
Posted by Tracy Green, Esq.
Green and Associates
