Bad Doctor Plea Deal Rejected by Offended Federal Judge

Mark Taylor reports at the Chicago Sun Times on the rejected plea deal for a notorious "Nose Doctor,:"

"A federal judge Wednesday rejected the plea agreement between prosecutors and Mark Weinberger, the Merrillville doctor charged with 22 counts of health care fraud. U.S. District Judge Philip Simon said the 4-year prison sentence and $366,000 in restitution “does not take into account the criminal conduct” of Weinberger, who also faces 350 medical malpractice lawsuits alleging unnecessary surgery and negligence.  [Jusge] Simon said each of the 22 counts represents a patient whose insurer had been defrauded by Weinberger, who authorities said grossed $27 million and netted $7 million during the period in question.

'The problem I’m having is that I don’t know why the government limited its investigation to the 22 counts,'  Simon said. He said court documents showed Weinberger performed hundreds, perhaps thousands of surgeries.  'We’re now supposed to accept that this is the entire scope of the fraud?' he told Weinberger and a courtroom of attorneys and Weinberger patients in federal court in Hammond.

He said he has too many doubts about whether the agreement adequately reflects the 'seriousness and scope of the case.'

After Simon rejected the plea deal, Weinberger withdrew his guilty plea and the two sides began preparing for a trial. If found guilty, Weinberger would face a maximum of 10 years in prison on each of the 22 counts and a maximum fine of $5.5 million. In the rejected deal, Weinberger had admitted billing for procedures he did not perform and agreed not to bill federal health programs again. He also agreed to surrender any profits from magazine, movie, TV or book deals until he had paid all restitution.

Throughout the hearing Weinberger, who was dressed in an orange, short-sleeved prison jumpsuit and white T-shirt with slicked-back hair, followed Simon’s words intently. He barely spoke except to agree to withdraw his guilty plea and was quickly hustled from the courtroom after Simon left.

Valparaiso attorney Kenneth Allen, who won a $13 million civil verdict against Weinberger earlier this year, was happy Simon rejected the plea agreement. Allen said the ear, nose and throat specialist deserves greater punishment. 'He needs not to treat any more patients for the rest of his life,' Allen said. 'Without question, he would harm patients again.'

A Hammond jury found Weinberger at fault in the wrongful death of Phyllis Barnes, Hood’s sister and Shawn Barnes’ mother, and said he failed to diagnose the cancer that claimed her life at age 50 in 2004.  Hood said she was pleased by Simon’s decision. 'I feel like it’s being treated now with the seriousness it deserves,' Hood said. 'Four years was a slap in the face.'

Weinberger fled the country in 2004 facing hundreds of medical malpractice lawsuits and government investigators. He vanished in Europe and was an international fugitive until he was found camping in the foothills of the Italian Alps in 2009.  Weinberger’s saga will be the subject of an episode of the TV show 'American Greed' May 4.

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At FCI, Morgantown there were at least a dozen physicians. 

I've already written about Dr. Roger Pellmann, he was the exception to the rule--most of the doctors were incarcerated in connection with Medicare fraud or for criminal roles they played in pill mills. The docs organized themselves into a local medical association and conducted weekly seminars for one another on issues in their respective specialties.   While each of the doctors generously gave their time to other inmates they did not practice medicine.  One of the inmate doctors, Randy, was originally at an FCI near Atlanta, GA close to his home.  While there another inmate collapsed and died.  Randy spent an hour or more attempting to keep the inmate alive through chest compressions.  Afterwards the BOP thanked Doctor Randy, and shipped him to Morgantown.   Incarcerated doctors don't practice medicine, and incarcerated lawyers don't practice law.  Violate this rule and there is an unpleasant consequence. 

In my case, my locker and paperwork drew unusual scrutiny from the authorities.  For awhile it appeared as if my locker and papers were being rifled weekly.  My white collar cohorts suspected that the flurry of pro se filings coming from Carlson unit were being attributed by BOP to my presence.  This was absurd since I know less than nothing about criminal defense law, and I was not interested in opening up a Morgantown practice.   It was BOP paranoia.

The story about Dr. Weinberger was striking from the standpoint of the Judge Simon's actions.  Yeah, I know a federal judge is in no way obligated to accept a plea bargain, but it does seem that Judge Simon is stepping out of his judicial role and into the shoes of the US Attorney.  Judge Simon's critique certainly sounds like the Judge has (impermissibly?) pre-judged the guilt of Dr. Weinberger (who sounds like a real piece of work...)  It will be interesting to see how this plays out.

Arizona Pediatrician Arrested for Child Porn Scandal--He Fled

AZCentral.com is reporting that the Sun City Pediatrician, Dr. Emilio Luna arrested last week on child porn charges has made the proverbial "run for the border."  Luna who was released on bond with electronic monitoring.  There was substantial evidence that Luna had a pre-planned escape (multiple fake passports, lots of cash, etc.), so it was pretty amazing that he was able to get bond.  Luna left his electronic monitoring bracelet in his car and ran. 

Dr. Luna, who is Hispanic, may have engaged in reverse immigration.  At the link is my earlier post on Luna's arrest.

Pediatrician Charged with Exchanging Child Porn, Not a Re-Run!

AZCentral has the report of a Sun City (Arizona) physician charged in federal court with possessing, and exchanging pornographic images of children.  Worse the physician is a a pediatrician bringing to mind the case of Connecticut pediatrician Dr. Earl Bradley featured here and at newsites around the world last December. 

What follows is an excerpt for Stepahnie Russo and Brennan Smith's account:

"A federal judge on Friday issued the release of a Sun City pediatrician accused of sharing thousands of pornographic images of children. Dr. Emilio Luna, 40, is charged with distributing child pornography in interstate commerce. Conditions of his release include that he surrender his passports, wear an electronic monitoring device and not have access to children or the Internet.

Authorities said Luna would not be released until those conditions were met. It was not clear if he remained in custody Friday evening.

Federal authorities arrested Luna on Wednesday after nearly a three-month investigation into the file sharing activity of "Speeedi69." A federal criminal complaint said someone with that user name shared files depicting sexual exploitative images of children engaging in sexual acts, at times with adult men.  FBI Cyber Crimes Squad agents traced the user name's Internet protocol address to Luna's home in Sun City, where he lives with his parents. Agents executed a search warrant of the residence Tuesday, according to the complaint.

During a search of Luna's bedroom, investigators seized two laptops, a desktop computer, four external hard drives and approximately 300 DVDs and DVD-Rs, some of which were encrypted. Investigators also found multiple passports and approximately $15,550 in a file folder in his closet.

Luna began working at Desert Valley Pediatrics in January of this year. Authorities do not know if any of the images were of patients from the West Valley practice [ . . . ]According to the office's website, Luna received his medical degree from the University of California, Los Angeles, in 1996 and has been practicing pediatrics for over 10 years in California, Texas and Arizona.

His practice has been at least temporarily halted. On Friday, Luna signed a voluntary practice restriction on his medical license with the Arizona Medical Board. The restriction prevents him from practicing medicine in Arizona indefinitely, Executive Director Lisa Wynn said.

A conviction of distributing child pornography carries a maximum sentence of 20 years in prison, a $250,000 fine or both, according to the U.S. Attorney's Office"
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In the Earl Bradley case there is alleged, definitive evidence that monstrous crimes were committed by the pediatrician over many years against his patients.  That is not this case in the matter of Dr. Luna, yet. 

One of the most heart-breaking aspects of the Clergy Sex Abuse scandals was the place of honor held by clergy-perpetrators in the minds and memories of parishoners.  Those perpetrators baptised, educated, confirmed, routinely gave out sacraments, and blessings and of course presided over weddings and funerals.  The priest/perpetrators were frequently honored guests in homes, and alawys memorialized in family photos often prominently displayed on mantelpieces. 

I am reminded of these facts, because those of us who brought the original claims arising of child sex abuse by priests we were villified, threatened and insulted in the media.  I related here on Bad Lawyer how a woman I still occasionally encounter, asked me at the time "how do you sleep at night?"  This after I revealed information that a local icon/priest was a serial child molester eventuating his removal.  Her husband, the son of a local judge published my address and suggested that my home be vandalized. Eventually, a Vatican canonical trial found this vile Pastor guilty and he was "defrocked."  A locally reknwoned columnist called me "one of those lawyers who believes everything his client tells him." 

"Professionals" have the capacity to do great good and great injury.  Our licensure opens doors to degrees of intimacy and thus the opportunity to violate trust at the most fundamental level.  My struggle over the last year has been to embrace precisely how I did this not only to my family but to the clients who actually looked to me to advocate for them.   A dear old client, calls me still even within the last couple of days to talk about the currents in the crises of the Catholic Church and I am at a loss to say anything at all other than to remind him that I can make those arguments for anyone anymore.

Bad Doctor, Major Fraud

The Chicago Tribune reports on the local cardiologist who stole millions of dollars and is now off to the federal penitentiary for 5 years.  The Trib report follows:

"A Chicago-area physician whose medical license has been suspended has been sentenced to five years in federal prison for stealing approximately $13 million from Medicare and more than 30 other public and private health-care insurance programs over roughly five years, the U.S. attorney's office said today.


Cardiologist Sushil Sheth, 50, of Burr Ridge, whose office was in Flossmoor,'lied thousands of times to Medicare and other insurers in order to receive millions of dollars he did not earn for patients he never treated,' according to a press release. He used the fraud proceeds to live a lavish lifestyle, purchasing a suburban mansion, property in Arizona, luxury automobiles, and investing in various venture capital opportunities, the government said.

Sheth regularly submitted claims seeking payment that, when added together, had him providing more than 24 hours of medical services and treatment in a single day.

He was sentenced Tuesday by U.S. District Judge Rebecca Pallmeyer and ordered to begin serving the 60-month prison term in two months. He pleaded guilty a year ago to one count of health-care fraud after being charged in January 2009. Sheth was also ordered to pay restitution totaling approximately $13 million and he agreed to forfeit property and funds totaling more than $11.3 million that the government seized from him.

His medical license was suspended by the Illinois Department of Professional Regulation in March. His attorney said at the sentencing hearing that Sheth had surrendered his license. Sheth admitted that he obtained approximately $13 million between January 2002 and July 2007, including approximately $8.3 million from Medicare and some $5 million from other public and private health care insurers -- in fraudulent reimbursement for the highest level of cardiac care when those services were not performed -- and then used the proceeds for his own benefit.

He used his hospital privileges at three unnamed hospitals to access and obtain information about patients without their knowledge or consent, federal officials said. He then hired individuals to bill Medicare and other insurance providers for medical services that he purportedly rendered to patients whom he knew he never treated.

Typically waiting almost a year after the treatment was purportedly provided, Sheth submitted more than 14,800 false claims for reimbursement for providing the highest level of cardiac care -- requiring hands-on treatment in an intensive care unit -- on multiple days during patients' hospital stays.  Federal agents searched Sheth's Burr Ridge home in June 2007 and seized more than 600 uncashed checks from various insurers totaling more than $6.7 million."
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We see this sort of thing all the time in Bad Lawyer land.

Previously I told you about the local physician who served the personal injury/workers compensation law practices in and around OurTown.  This fraud was somehow able to obtain millions of dollars in reimbursement from "carriers" and governmental disability programs while residing year round at his villa in Italy.  His adopted son, a Korean-born and educated "doctor" was unable to pass the "foreign medical student" exam preliminary to obtaining OurState medical license--nonetheless, operated the office as "Doctor Kim" submitting forms under the signature of his father.  Dr. Kim was prosecuted, his father got away with it.

Good Nurse Update!

NYT reporter Kevin Sack brings us up to date on the Texas nurses featured on Bad Lawyer in February.  As you will recall these nurses reported a bad and incompetent doctor to the appropriate medical board and the net result was that the local Sheriff, a pal of the doctor, investigated the nurses and arranged for their prosecution.  Prosecutors alleged that the nurses reported the incompetent Doctor in "bad faith."  A local jury acquitted nurse, Anne Mitchell and charges against the second nurse, Vickilyn Galle were dropped before her trial. 

The Times is reporting that the nurses will split $750,000 in settlement of their claims for violation of their First Amendment rights and retaliatory discharge.  These good nurses lost their jobs after decades of experience in nursing.  These two women were actually in charge of quality assurance and regulatory compliance, but since this episode have been unable to find work in their field. 

The settlement amount hardly seems enough, in light of what they were put through by this Sheriff and the authorities in Winkler County, Texas. 

Captain America With a Burrito In His Pants, Will Not Go to Jail

That's right, the Brevard County Florida doctor who groped a female patron in a bar where a medical society gathering had cocktails will not be going to jail according to the report at WFTV-Channel 9.  Doctor, Raymond Adamcik will attend a diversion program instead--and, of course, have to deal with the snickering and looks for the rest of his natural life.

Here, on Bad Lawyer, I do my part to contribute to the humiliation.