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Fraud prosecutions and other medical convictions:

  • U.S. vs. Krizek
  • U.S. vs Sells  Dr Sells in prison without a trial
  • U.S. vs Hurwitz
  • U.S. v. Moon
  • NY State vs Francey
  • Autopsy of a Prosecution Increasingly, physicians with low-volume practices face imprisonment for carelessness and application of ambiguous legal rules-these assertions and promises notwithstanding. Private physicians are being sought as scapegoats for the growing financial problems inherent in the Medicare and Medicaid systems. Andrew Schlafly, AAPS General Counsel
  • Fraud Net Catches the Innocent  In 1996, Congress made it a crime to make a mistake, criminalizing clerical billing errors made by Medicare providers. As a result, many capable and honest doctors have been victimized by government prosecutors. Yes, criminals have been caught, but at least as many honest doctors have been driven from practice, forced into early retirement, financially ruined or even jailed because of "overzealous" prosecution. more
  • Feds Harass Doctors. Who's Next?

  • And some doctors have been, literally, "under the gun" when government agents break down their office doors to investigate such heinous crimes as using a form of Vitamin B12 that didn't meet the government's idea of what a "good vitamin" should be, as happened in the case of Dr. Jonathan Wright in Washington state.  more
  • CRIMINAL PROSECUTIONS FOR MEDICARE AND MEDICAID FRAUD, by presented by Mark Bennet of Bennet & Dillon, LLP. Having served as a prosecutor for several years during my early practice, I acquired some ability in the field of criminal law that I did not care to just discard upon leaving the prosecutor's office, so although the majority of my practice now consists of a civil practice, ....This trend has also been noticed by others. One authority in the field, David S. Nalveen, has observed that "The federal government is aggressively prosecuting fraud and abuse by health care providers for the same reason that Willie Sutton robbed banks: That's where the money is." More

  • Federal Fraud Enforcement and Physician Compliance

    These resources provide a brief overview of the fraud enforcement climate facing physicians who provide care for patients who are insured through federal health benefits programs. The document also provides the basic structure that physicians and others may follow for establishing a compliance program that can be incorporated into their practices. Establishing and maintaining a compliance plan will help physicians in avoiding activities that could be attacked under the fraud and abuse laws and by ensuring that their claims cannot be categorized as being fraudulently submitted.
    AMA legal issues - compliance issues - Overview of Medicare fraud and abuse enforcement and compliance.
  • Criminalization of Medicine  by Grace-Marie Turner,president of The Galen Institute,
    • Waste, fraud, and abuse in federal health care programs are serious problems, but so are the federal government's efforts to combat them. There are egregious cases of fraud, and those engaged in these criminal activities should be stopped and prosecuted. But an expanding dragnet for "health care criminals" is threatening and intimidating innocent doctors as well. It is creating an unhealthy climate of fear and defensiveness that is having an adverse impact on the medical profession.
  • Criminal Procedures
Reason magazine -- May 1998
  • Medical Convictions How prosecutors are charging doctors with criminal malpractice--and why patients should be very scared.  By Mark Crane
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