MEDICAL BOARD RECORD—9815-Revoked; 13917-Suspended Indefinitely
DISCIPLINARY ACTIONS—see below
FEDS: VEGAS DOCTOR POSED AS DEAD PATIENT TO GET DRUGS
A suspended Las Vegas physician has been charged with fraudulently obtaining controlled substances for his own addiction by posing for more than two years as one of his dead patients.
Dr. Kent Swaine, 50, whose medical license was once revoked by the state over his drug use, was arrested Wednesday by federal drug agents assigned to a joint task force.
At Swaine’s initial appearance late Thursday, U.S. Magistrate Judge Cam Ferenbach ordered him released on his own recognizance while he faces the charges.
According to a criminal complaint, Swaine wrote prescriptions for himself under the name of Alexander Hyt, a patient who died of pancreatic cancer on Aug. 5, 2011, and posed as Hyt at pharmacies to pick up the drugs, mostly painkillers and anti-depressants.
Swaine unlawfully obtained the prescription medication this way for more than two years after Hyt’s death until last December, the complaint alleged.
Swaine, who was suspended by the Nevada Board of Medical Examiners in Jan. 31, was described in the complaint as specializing in chiropractic medicine, plastic surgery and vascular surgery at his 5380 S. Rainbow Blvd. office.
The complaint said Swaine was licensed to practice medicine in Nevada in July 2001, but his license was revoked in October 2008.
He was reinstated by the medical board in June 2011 on the condition he abstain from using drugs and alcohol and not prescribe controlled substances for himself and his family.
The board later learned that he violated the terms of his reinstatement, including impersonating his late patient, and obtained his suspension. The impersonation scheme was uncovered when a pharmacy complained to the medical board, according to the complaint.
Swaine tested positive Jan. 30 for “amphetamines, benzodiazepine and opiates,” the complaint alleged.
In an interview with drug task force officers in July, Swaine admitted that he wrote and filled prescriptions for hydrocodone, hydromorphone, methadone, alprazolam and other controlled substances in Hyt’s name.
He also admitted that he treated patients while he was “high,” the complaint alleged. (LINK) — 8/7/14
VEGAS DOCTOR WHO POSED AS DEAD PATIENT TO GET DRUGS SENTENCED TO PROBATION
A Las Vegas physician was sentenced to five years probation Tuesday for fraudulently obtaining controlled substances for his own addiction by posing as one of his dead patients.
According to a criminal complaint, Swaine wrote prescriptions for himself under the name of Alexander Hyt, a patient who died of pancreatic cancer on Aug. 5, 2011, and posed as Hyt at pharmacies to pick up the drugs, mostly painkillers and anti-depressants.
Swaine unlawfully obtained the prescription medication this way for more than two years after Hyt’s death until December 2013, the complaint alleged.
On Tuesday, U.S. District Judge Richard Boulware ordered Swaine to write a letter of apology to the Hyt family and also perform 150 hours of community service.
Boulware told Swaine he was concerned that he had a substance abuse problem while treating patients.
“Your addiction placed other people at risk,” Boulware said.
Swaine, who has received drug counseling since his arrest, apologized to Boulware and the medical profession for his conduct and said it likely would be a long time before he’s able to practice medicine again. He told Boulware the Nevada Board of Medical Examiners last week revoked his license.
“I messed it up,” Swaine said.
Assistant U.S. Attorney Crane Pomerantz did not seek a prison term for Swaine, who was suspended by the medical board in January 2014 following the federal investigation.
Swaine was described in the criminal complaint as specializing in chiropractic medicine, plastic surgery and vascular surgery at his 5380 S. Rainbow Blvd. office. He was licensed to practice medicine in Nevada in July 2001. (LINK) — 6/09/15
VEGAS DOCTOR WHO POSED AS DEAD PATIENT TO GET DRUGS SENTENCED TO PROBATION
A Las Vegas physician was sentenced to five years probation Tuesday for fraudulently obtaining controlled substances for his own addiction by posing as one of his dead patients.
According to a criminal complaint, Swaine wrote prescriptions for himself under the name of Alexander Hyt, a patient who died of pancreatic cancer on Aug. 5, 2011, and posed as Hyt at pharmacies to pick up the drugs, mostly painkillers and anti-depressants.
Swaine unlawfully obtained the prescription medication this way for more than two years after Hyt’s death until December 2013, the complaint alleged.
On Tuesday, U.S. District Judge Richard Boulware ordered Swaine to write a letter of apology to the Hyt family and also perform 150 hours of community service.
Boulware told Swaine he was concerned that he had a substance abuse problem while treating patients.
“Your addiction placed other people at risk,” Boulware said.
Swaine, who has received drug counseling since his arrest, apologized to Boulware and the medical profession for his conduct and said it likely would be a long time before he’s able to practice medicine again. He told Boulware the Nevada Board of Medical Examiners last week revoked his license.
“I messed it up,” Swaine said.
Assistant U.S. Attorney Crane Pomerantz did not seek a prison term for Swaine, who was suspended by the medical board in January 2014 following the federal investigation.
Swaine was described in the criminal complaint as specializing in chiropractic medicine, plastic surgery and vascular surgery at his 5380 S. Rainbow Blvd. office. He was licensed to practice medicine in Nevada in July 2001. (LINK) — 6/09/15
FORMAL COMPLAINT Case # 14-20873-1 February 5, 2014 The Investigative Committee of the Nevada State Board of Medical Examiners filed a formal complaint against Kent Alan Swaine, M.D. alleging six violations of Nevada Revised Statutes (NRS) Chapter 630. Count I: Violation of Nevada Administrative Code (NAC) 630.230(1)(d), acquiring controlled substances from any pharmacy or other source by misrepresentation, fraud, deception or subterfuge. Count II: Violation of NAC 630.230(1)(k), writing prescriptions for controlled substances to treat acute or chronic pain in a manner that deviates from the policies set forth in the Model Policy for Use of Controlled Substances for the Treatment of Pain and any subsequent revision as adopted by reference in NAC 630.187. Count III: Violation of NRS 630.306(3), administering, dispensing or prescribing any controlled substance, or any dangerous drug, to himself or others in violation of the law. Count IV: Violation of NRS 630.306(8), dependency on controlled substances. Count V: iolation of NRS 630.301(9), engaging in conduct that brings the medical profession into disrepute. Count VI: Violation of NRS 630.3065, willful failure to comply with an order of the Board.
Case No. 07-20873-1 October 14, 2008 (filed) On October 3, 2008, the Nevada State Board of Medical Examiners (Board) considered the materials provided in relation to an Order to Show Cause filed in August 2008 alleging that that Kent Swaine, MD (Respondent) failed to comply with the terms of the Settlement, Waiver and Consent Agreement previously adopted by the Board on March 28, 2008. After consideration of the materials presented the Board found that Dr. Swaine had violated the terms of the previously adopted Settlement, Waiver and Consent Agreement and voted to lift the stay of the revocation contained in the Settlement, Waiver and Consent Agreement. Respondent’s Nevada medical license is hereby REVOKED. SR ; amended lb Findings of Fact, Conclusions of Law and Order: 5 Pages *********************************************************************** MOTION FOR ORDER TO SHOW CAUSE Case No. 07-20873-1 August 6, 2008 The Investigative Committee of the Nevada State Board of Medical Examiners filed a Motion for Order to Show Cause and Motion for Order Shortening Time and Setting Hearing alleging that Kent Alan Swaine, M.D. (“Respondent”) was in violation of the terms of the Settlement, Waiver and Consent Agreement approved and adopted by the Board on March 28, 2008 and moved that an order be issued ordering respondent appear before the Board to show cause, if any, why the stay of revocation of his license to practice medicine should not imposed. lb Motion for Order to Show Cause and Motion for Order Shortening Time and Setting Hearing: 5 pages ********************************************************************** SETTLEMENT, WAIVER AND CONSENT AGREEMENT Case No. 07-20873-1 March 28, 2008 A Settlement, Waiver and Consent Agreement was approved and accepted by the Nevada State Board of Medical Examiners (Board), whereby, Kent Swaine, M.D. (Respondent) agrees that an order may be entered finding that he committed four violations the Medical Practice Act, Nevada Revised Statutes Chapter 630, to wit: two counts of engaging in activity meant to deceive, violations of NRS 630.306(2) (a); one count of having a drug dependency, a violation of NRS 630.306(10); and one count of prescribing a controlled substance or dangerous drug in a manner not authorized by law, a violation of NRS 630.306(3). The Board ordered that Respondent’s license to practice medicine be revoked with the revocation stayed and Respondent shall be placed on probation for five (5) years with various terms and conditions. SR; amended lb Settlement, Waiver and Consent Agreement 10 pages *********************************************************************** SECOND AMENDED COMPLAINT Case No. 07-20873-1 February 20, 2008 The Investigative Committee of the Board of Medical Examiners filed a Second Amended Complaint against Kent Alan Swaine, M.D. (Respondent) alleging four violations of the Medical Practice Act, Nevada Revised Statutes (NRS) Chapter 630. Counts I & II: allege violations of NRS 630.306(2) (a), engaging in any conduct which is intended to deceive; Count III: alleges a violation of NRS 630.306(10), dependency on controlled substances; Count IV: alleges a violation of NRS 630.306(3), administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined by NRS 454 to or for himself or to others except as authorized by law, referencing, NRS 453.381(1) which provides that a physician shall not prescribe, administer or dispense a controlled substance list in schedule II for himself, his spouse or his children except in cases of emergency. SR; amended lb Second Amended Complaint: 7 pages *********************************************************************** AMENDED COMPLAINT AND REQUEST FOR SUMMARY SUSPENSION Case No. 07-20873-1 November 28, 2007 The Investigative Committee of the Board of Medical Examiners filed an Amended Complaint and Request for Summary Suspension of License against Kent Alan Swaine, M.D. (Respondent) alleging three violations of the Medical Practice Act, Nevada Revised Statutes (NRS) Chapter 630. Counts I & II: allege violations of NRS 630.306(2), engaging in any conduct which is intended to deceive; Count III: alleges a violation of NRS 630.306(10), dependency on controlled substances. The Investigative Committee called for an Emergency Meeting of the Board of Medical Examiners to consider suspension of Respondent’s license to practice medicine in the state of Nevada. SR ; amended lb Complaint 6 Pages ************************************************************************ ORDER OF SUMMARY SUSPENSION OF LICENSE Case No. 07-20873-1 November 27, 2007 The Nevada State Board of Medical Examiners (“Board”) held an Emergency Meeting on November 27, 2007 pursuant to NRS 241.020 to consider the Complaint and Request for Summary Suspension of License against Kent Alan Swaine, M.D. (Respondent). The afound that unforeseen circumstances have arisen and exist that pose a risk to the health and safety of the public and that require immediate Board action. Pursuant to NRS 630.329 the Board ORDERED that the license of Respondent KENT ALAN SWAINE, M.D., to practice medicine in Nevada is hereby SUSPENDED pending proceedings for disciplinary action or until further order of the Board. SR; amended lb Order 2 pages ************************************************************************ COMPLAINT AND REQUEST FOR SUMMARY SUSPENSION Case No. 07-20873-1 November 26, 2007 The Investigative Committee of the Board of Medical Examiners filed a Complaint and Request for Summary Suspension of License against Kent Alan Swaine, M.D. (Respondent) alleging three violations of the Medical Practice Act, Nevada Revised Statutes (NRS) Chapter 630. Count I & II: allege violations of NRS 630.306(2), engaging in conduct intended to deceive; Count III: alleges a violation of NRS 630.306(10), dependency on controlled substances. The Investigative Committee called for an Emergency Meeting of the Board of Medical Examiners to consider suspension of Respondents license to practice medicine in the state of Nevada. SR ; amended lb Complaint 6 Pages
PLED GUILTY TO THREE COUNTS OF VIOLATING PENAL CODE SECTIONS 459-460(B) (SECOND-DEGREE COMMERCIAL BURGLARY); TWO COUNTS OF VIOLATING PENAL CODE SECTION 530.5(A) (IDENTITY THEFT) AND TWO COUNT OF VIOLATING BUSINESS AND PROFESSIONS CODE SECTION 4324(A) (FORGERY OF A PRESCRIPTION). THREE YEARS FORMAL PROBATION WITH TERMS AND CONDITIONS.
Laguna Beach doctor loses license after forging prescriptions
CALIFORNIA—The California Medical Board has revoked the license of an Orange County doctor who ran a detox center for patients addicted to opioids and about five years ago used the patients’ identities to obtain pills for himself.
Stephen John Groth, 63, was using painkillers to treat severe abdominal pain.
On Monday, the board stripped Groth of his medical license, following a ruling by an administrative law judge who concluded the doctor had not taken “full responsibility for his actions.”
“He never acknowledged that he harmed … (those) whose personal information he stole, or that he harmed the public interest and safety by the nature of the crimes he committed,” Administrative Law Judge Howard Cohen wrote in his ruling. “(He) has been in and out of hospitals and rehabilitation programs … and has taken highly addictive substances; he does not, however, admit to having an addiction problem.”
In 2012, the Orange County District Attorney charged Groth with 43 felony counts of identity theft, forgery of a prescription and second-degree commercial burglary. The charges stemmed from a Drug Enforcement Administration investigation that found he had written scrips for his patients without their knowledge, then paid for, picked up and kept the drugs for himself, according to special agent Vijay Rathi.
“It was stupid. It was dumb. It was wrong, and I’m deeply embarrassed,” Groth said Friday. Under a deal with prosecutors in 2013, Groth pleaded guilty to seven misdemeanors.
Groth, who lives in Laguna Beach, opened the Triad Treatment Center in Irvine around 2005. He had spent the earlier part of his 37-year career as an emergency medicine doctor. In 1987, he was named director of emergency services at Anaheim Regional Medical Center. He resigned his post in 2001.
“I was so ill with chronic pancreatitis – I didn’t know at the time that’s what it was – I couldn’t work,” he said. “It feels like you’ve been kicked really hard right in the belly, it’s a very deep boring reverberating horrible pain that just doesn’t let up. It’s just horrendous.”
In the late 1990s, a few years after his symptoms first appeared, Groth used opioids to subdue the pain, according to the Medical Board. Initially, he obtained prescriptions from physicians, but then he began self-prescribing.
“I was looked at askance because I had a lot of pain, and initially, no concrete diagnosis. When a doctor or a health care consumer who is knowledgeable about these things is drug-seeking in nature, they question his motivations,” he said.
Groth has entered at least two drug treatment programs and participates in a 12-step program. He maintains he was never addicted to painkillers.
For about five years, he worked as a doctor in these types of programs, opening Triad, his now-shuttered treatment center.
Groth calls himself a pseudo addict and said he entered recovery programs because other people misconstrued him as an addict. He took drugs, he said, only to treat his pain, never out of the desire to get “high or loaded.”
“Upon first blush, it can look much like simple drug addiction including typical drug-seeking behaviors, and including extreme acts that may even be unlawful,” he said. “Pain tends to do that to people.”
The medical board’s decision, he said, was too severe. He’s managing his medical condition now – diagnosed, he said, as an auto-immune disease that causes recurrent blood clots and chronic pancreatitis – with help from a team of specialists, a healthier lifestyle and appropriate medication.
Had he hired a lawyer, he said, he would have had a better shot at arguing his case.
“I wanted to man up and take my punishment and move on,” he said. “(But) it was like David versus Goliath,” he said.
“I’ve never harmed anyone … people like me and trusted me,” Grothadded. “I’ve never had any issues but this one thing related to what I feel was an act of self preservation that I feel terrible about.” (LINK) — 6/12/15
MEDICAL BOARD RECORD—L1290 MEDICAL BOARD ACTIONS—Medical Jurisprudence Examination required (see bottom of blog post)
The lawsuit against Dr. Chevray was dismissed by summary judgment on 01/06/2016.
Breast cancer patient sues plastic surgeon for $1million after son found her topless before-and-after photos online
A woman is suing a plastic surgeon from Texas after topless pictures of her were posted on the doctor’s website.
Despite promises that were made by the practice the photos would not be made available for public viewing, the mother’s 12-year-old son ended up finding them when he conducted a Google search at a birthday party.
The humiliated mom is now suing Houston-based Dr. Pierre Chevray for damages between $200,000 and $1 million.
According to the plaintiff’s petition, and first reported in the Houston Chronicle the woman began treatment for breast cancer in October 2004 at M.D. Anderson Cancer Center, where she consulted with Dr. Chevray, who worked there at the time.
During the consultation, the doctor showed the woman, who has only been identified as Jane Doe, some topless photos of a number of former patients.
He insisted that topless before-and-after photos of her breasts should be taken in order to create symmetry.
‘Defendant specifically promised that plaintiff’s photographs would not be used on the internet,’ the petition stated.
‘Defendant further assured plaintiff that there would be no way to identify the photographs as her own.’
The pictures were supposed to remain part of her confidential file, however her son allegedly found the topless pictures online after searching for her name on Google at a birthday party
After contacting Dr. Chevray to found out how the images of her breasts ended up online,
A few days later, she contacted M.D. Anderson to determine how her photos had ended up on Dr. Chevray’s website.
She was told the hospital did not have copies of the before-and-after pictures.
Almost nine years on from the surgery, the patient discovered that Dr. Chevray had still not deleted the pictures that he had in his possession.
In response to the court petition, Dr Chevray’s issued a ‘general denial’ of the pleadings.
The answer also stated that plaintiff’s request for punitive or exemplary damages should be denied stating that there was ‘no act or omission of the defendant was malicious, reckless or grossly negligent, barring any award of punitive damages’.
Dr Chevray has requested the matter be decide by a jury. (LINK) — 6/6/15
From a Texas Medical Board Document [Excerpt]
FINDINGS
Respondent prescribed a single, one month supply of zolpidem, a controlled substance, to a close friend. The friend was Respondent’s established patient for a surgical procedure.Respondent does not admit or deny the Findings and Conclusions of Law contained herein but, rather, has agreed to settle in good faith to avoid the cost, expense, and uncertainty of litigation.
MITIGATING FACTORS
Respondent’s single prescription to his friend did not demonstrate a pattern of inappropriate prescribing practices. It was an isolated incident. 2. The zolpidem prescription was medically indicated. 3. Respondent has no prior history with the Board. 4. Respondent cooperated in the investigation of the allegations that resulted in this Remedial Plan.
Based on the above, Respondent shall:
Within one year following the date of the entry of this Remedial Plan, Respondent shall take and pass with a score of 75 or above the Medical Jurisprudence Examination (JPExam) given by the Texas Medical Board. Respondent is allowed three attempts to successfully pass this examination.Respondent’s failure to take and pass the JP Exam within three attempts within one year following the date of the entry of this Remedial Plan shall constitute a violation of this Remedial Plan. After a committee of the Board or a panel of Board representatives (Board Representatives), has considered the information related to Respondent’s violation of this provision and has determined that Respondent has not fulfilled the requirements of this provision, Respondent’s medical license shall be IMMEDIATELY SUSPENDED pursuant to correspondence to Respondent from the Executive Director or Secretary-Treasurer of the Board indicating that Board Representatives have considered the information related to Respondent’s violation of this provision and have determined that Respondent has not fulfilled the requirements of this provision. Although Respondent shall be invited to provide information or testimony to the Board Representatives, Respondent specifically waives any administrative due process under the Medical Practice Act, or the Administrative Procedure Act, for the Board Representatives to consider this information. THIS SUSPENSION SHALL BE EFFECTIVE WITHOUT THE NEED FOR A HEARING AT THE STATE OFFICE OF ADMINISTRATIVE HEARINGS OR OTHER ADMINISTRATIVE DUE PROCESS UNDER THE MEDICAL PRACTICE ACT OR THE ADMINISTRATIVE PROCEDURE ACT, AND RESPONDENT SPECIFICALLY WAIVES ANY SUCH HEARING OR DUE PROCESS AND ALL RIGHTS OF APPEAL. Respondent shall be notified of any suspension by certified mail, return receipt requested to Respondent’s last known address on file with the Board. If Respondent’s license is suspended on such a basis, the suspension shall remain in effect until such time as Respondent takes and passes the JP Exam and subsequently appears before the Board in person and provides sufficient evidence which, in the discretion of the Board, is adequate to show that Respondent possesses the skills and knowledge to safely practice in Texas and is otherwise physically and mentally competent to resume the practice in this state. (LINK) — 08/26/2016
RETIRED DOCTOR ARRESTED IN NAPLES ON CHILD PORN CHARGES
NORTH NAPLES, FLORIDA – A retired doctor is arrested and busted for child porn after trying to print off disturbing pictures at Costco.
69-year-old Freddy Koenig stood silent before a judge in Collier County where he was called a flight risk and asked to relinquish his passport before bonding out of jail.
Koenig is facing 6 counts of child pornography. His dark secret uncovered at a North Naples Costco. Reports show Koenig took a memory card to a Kiosk in the store and attempted to print off pictures. He prepaid and waited. An employee in the back took one look at some the pictures and called deputies. Reports show 6 pictures contained images of what looked to be a 13-year-old girl preforming sex acts with an adult man. Reports show Koenig was trying to leave the store when he was arrested.
Wink News also confirmed Koenig is a retired heart surgeon and received a degree in his home country of Peru. He practiced in Ohio for 42 years before retiring to Naples.
He has since been released from jail. His next court date is June 29th. (LINK) — 6/5/15
Man who tried to have child porn developed at Costco has killed himself
Koenig, of and Golden Gate Estates, faced six counts of a felony charge for possessing obscene photos of children performing sex acts.
The Sheriff’s Office conducted a death investigation at Koenig’s home on the 3900 block of Isla Ciudad Court Tuesday. They confirmed his death as a suicide Wednesday.
Koenig bonded out of jail after his first appearance in court Friday. His arraignment and next court appearance was scheduled for June 29.
Reports show Koenig brought a memory card of photos to the Costco on Naples Boulevard shortly before noon Thursday.
He prepaid for his order of prints and waited for them to be developed.
An employee of the store noticed the pictures being printed were objectionable and violated Costco’s policy. The employee turned the photos over to a manager who contacted deputies.
When a deputy arrived on scene to review the photos a short time later, employees noticed Koenig leaving the store and heading for his vehicle.
The deputy followed and arrested Koenig in the parking lot. (LINK) — 6/10/15
The Neptune Beach practice where Dr. Dale Fralicker once treated patients is closed, but that could soon change according to his attorney, Tad Delegal.
Action News first told you in October that the Department of Health pulled Fralicker’s license to practice. According to an administrative complaint filed by the Department of Health, Fralicker admitted to a physician during an evaluation to having sex with patients, and was diagnosed with mood and anxiety disorders, as well as self-reported marijuana and alcohol abuse.
Earlier that year, Fralicker’s staff accused him of “manic” behavior and self-prescribing medication. They told authorities he was using profanity, calling patients late at night, holding parties at the office, and leaving behind alcohol.
Those are accusations Delegal maintains were false, and not upheld during a state investigation in recent months.
“You looked at the various claims that were made about Dr. Fralicker, and the actual documents and the interviews did not support them. I think everyone jumped the gun on this case and it should have been handled more carefully.”
On Friday, the state Board of Medicine settled with Fralicker, and agreed to lift the emergency restriction, while he agreed to a psychiatric and medical evaluation.
“The Board of Medicine wants that done to just make sure that there are not problems with his return to practice,” said Delegal.
Fralicker could not be reached for comment Friday.
His license remains suspended until that evaluation takes place, and the timing is up to Fralicker. According to the settlement, the Board will have final say.
Dr. Dale Fralicker obtained his license to practice medicine in Florida 1982. (LINK) — 6/5/15
DISCIPLINARY ACTIONS—Open Formal Comlaints: None as of 6/6/15
Fine Imposed: 5/20/15 Fine Imposed: 7/19/06
Patient stunned after her doctor is charged in the death of 3 patients
A Genesee County doctor is being blamed for the deaths of three of his patients. Now Dr. Hatem Ataya is behind bars facing multiple felonies in Lapeer County. If convicted he could spend the rest of his life behind bars.
Federal investigators claim the patients died after overdosing on methadone, a narcotic pain reliever he was prescribing them.
Dr. Ataya is facing serious charges, but for one of his patients, she says it’s really difficult for her to believe this is all true.“
That’s not the doctor I see, he’s a good doctor,” said Erica, Patient of Dr. Ataya.
Erica has been seeing Dr. Ataya for years. She paints a very different story of the man who’s now sitting behind bars in Lapeer County. When she was depressed after her son died last year, she says he was there for her.“
I was very emotional, and he was like you have to work though it, exercise,” said Erica. "He’s not a pill pusher. He’s never given me anything stronger than a Motrin. So I can’t see him just giving drugs to just give drugs.”
Prosecutors in Lapeer County have charged Dr. Ataya with several felonies, including three counts of delivery of a controlled substance causing death.
Reporter: “So you believe he was feeding addictions that were already in place?
John Miller, Chief Assistant Prosecutor, Lapeer County: "That is our belief.”
Chief Assistant Prosecutor John Miller says this case is a first for Lapeer County.“
It’s not very often that a licensed doctor is charged with these types of crimes,” said Miller. "Methadone is a powerful drug.”
Until more details of this investigation come to light Erica says she will continue to believe in her doctor.“
I think he’s innocent until proven guilty,” said Erica.
NBC25 reached out to Dr. Ataya’s office but we were told no comment. Dr. Ataya is due back in court next week. Stay with NBC 25 for the latest developments on this story.
NEW JERSEY MEDICAL BOARD RECORD (Epstein)—38MC00441900 LICENSE STATUS/DISCIPLINARY ACTIONS—License Active; no actions listed as of 12/27/2016
N.J. Doctors Accused Of Referring Scans To Imaging Company For Kickbacks
NEW JERSEY—Five New Jersey medical professionals were indicted Wednesday on charges of referring medical patients to a certain imaging company in exchange for kickbacks.
A grand jury handed down the indictments against four doctors and one chiropractor on Wednesday, according to Acting New Jersey Attorney General John J. Hoffman.
They were accused of taking bribes from Rehan “Ray” Zuberi, owner of Diagnostic Imaging Affiliates. Zuberi, 46, of Boonton, pleaded guilty last month to paying out several million dollars in bribes and kickbacks to 2008 to 2014.
Indicted Wednesday were:
• Family physician Dr. John Fritz, 47, who lives and works Jersey City and is accused of referring about 4,500 scans to Zuberi’s facilities in exchange for about $500,000 in kickbacks. During months of high referrals, Fritz allegedly took in $6,000 to $7,000 per month from Zuberi’s company.
• Internist Dr. Alexander G. Salerno, 47, who lives and works in East Orange and allegedly got $130,000 in kickbacks for referring thousands of scans to Zuberi’s imaging centers between 2009 and 2013. Salerno allegedly received payment in the form of checks and “sham rental agreements,” in which Zuberi’s organization allegedly rented space at Salerno’s medical offices to hide the kickbacks;
• Oncologist Dr. Davarajan Iyengar, 61, who lives in Livingston and runs an office in Bayonne, and who allegedly referred patients to Zuberi for MRI and CT scans in exchange for $75,000 in kickbacks disguised as payroll payments;
• Obstetrician/gynecologist Dr. William M. Steck Sr., 70, who lives and works in West Orange, and who allegedly referred hundreds of scans to Zuberi in exchange for about $50,000 in his shell companies. Steck was first arrested in October of last year in connection with the investigation;
• Chiropractor Dr. Alan P. Epstein, 46, who lives in Manalapan and has an office in Elizabeth, and who allegedly referred more than 200 scans to Zuberi’s facilities. Zuberi allegedly paid for architectural services and permits meant to expand Zuberi’s practice, and also paid for Epstein’s patient transportation expenses. Epstein was also arrested in October in the same investigation.
“A doctor’s duty is to his patients’ care and well-being, not to his personal wealth,” Hoffman said in a news release. “By allegedly selling their medical opinion for kickbacks, the five medical practitioners indicted today have abandoned that duty, thus breaking the law and the trust of those who sought their advice.”
The defendants are all charged with health care claims fraud, commercial bribery, and running. They face maximum sentences ranging from 20 to 25 years in prison.
NEW JERSEY MEDICAL BOARD RECORD (Steck)—25MA02835100 LICENSE STATUS/DISCIPLINARY ACTIONS—License Active; Board Action (not available on website)
N.J. Doctors Accused Of Referring Scans To Imaging Company For Kickbacks
NEW JERSEY—Five New Jersey medical professionals were indicted Wednesday on charges of referring medical patients to a certain imaging company in exchange for kickbacks.
A grand jury handed down the indictments against four doctors and one chiropractor on Wednesday, according to Acting New Jersey Attorney General John J. Hoffman.
They were accused of taking bribes from Rehan “Ray” Zuberi, owner of Diagnostic Imaging Affiliates. Zuberi, 46, of Boonton, pleaded guilty last month to paying out several million dollars in bribes and kickbacks to 2008 to 2014.
Indicted Wednesday were:
• Family physician Dr. John Fritz, 47, who lives and works Jersey City and is accused of referring about 4,500 scans to Zuberi’s facilities in exchange for about $500,000 in kickbacks. During months of high referrals, Fritz allegedly took in $6,000 to $7,000 per month from Zuberi’s company.
• Internist Dr. Alexander G. Salerno, 47, who lives and works in East Orange and allegedly got $130,000 in kickbacks for referring thousands of scans to Zuberi’s imaging centers between 2009 and 2013. Salerno allegedly received payment in the form of checks and “sham rental agreements,” in which Zuberi’s organization allegedly rented space at Salerno’s medical offices to hide the kickbacks;
• Oncologist Dr. Davarajan Iyengar, 61, who lives in Livingston and runs an office in Bayonne, and who allegedly referred patients to Zuberi for MRI and CT scans in exchange for $75,000 in kickbacks disguised as payroll payments;
• Obstetrician/gynecologist Dr. William M. Steck Sr., 70, who lives and works in West Orange, and who allegedly referred hundreds of scans to Zuberi in exchange for about $50,000 in his shell companies. Steck was first arrested in October of last year in connection with the investigation;
• Chiropractor Dr. Alan P. Epstein, 46, who lives in Manalapan and has an office in Elizabeth, and who allegedly referred more than 200 scans to Zuberi’s facilities. Zuberi allegedly paid for architectural services and permits meant to expand Zuberi’s practice, and also paid for Epstein’s patient transportation expenses. Epstein was also arrested in October in the same investigation.
“A doctor’s duty is to his patients’ care and well-being, not to his personal wealth,” Hoffman said in a news release. “By allegedly selling their medical opinion for kickbacks, the five medical practitioners indicted today have abandoned that duty, thus breaking the law and the trust of those who sought their advice.”
The defendants are all charged with health care claims fraud, commercial bribery, and running. They face maximum sentences ranging from 20 to 25 years in prison.
Disciplinary Actions—No Board Actions as of 6/6/15
N.J. Doctors Accused Of Referring Scans To Imaging Company For Kickbacks
NEW JERSEY—Five New Jersey medical professionals were indicted Wednesday on charges of referring medical patients to a certain imaging company in exchange for kickbacks.
A grand jury handed down the indictments against four doctors and one chiropractor on Wednesday, according to Acting New Jersey Attorney General John J. Hoffman.
They were accused of taking bribes from Rehan “Ray” Zuberi, owner of Diagnostic Imaging Affiliates. Zuberi, 46, of Boonton, pleaded guilty last month to paying out several million dollars in bribes and kickbacks to 2008 to 2014.
Indicted Wednesday were:
• Family physician Dr. John Fritz, 47, who lives and works Jersey City and is accused of referring about 4,500 scans to Zuberi’s facilities in exchange for about $500,000 in kickbacks. During months of high referrals, Fritz allegedly took in $6,000 to $7,000 per month from Zuberi’s company.
• Internist Dr. Alexander G. Salerno, 47, who lives and works in East Orange and allegedly got $130,000 in kickbacks for referring thousands of scans to Zuberi’s imaging centers between 2009 and 2013. Salerno allegedly received payment in the form of checks and “sham rental agreements,” in which Zuberi’s organization allegedly rented space at Salerno’s medical offices to hide the kickbacks;
• Oncologist Dr. Davarajan Iyengar, 61, who lives in Livingston and runs an office in Bayonne, and who allegedly referred patients to Zuberi for MRI and CT scans in exchange for $75,000 in kickbacks disguised as payroll payments;
• Obstetrician/gynecologist Dr. William M. Steck Sr., 70, who lives and works in West Orange, and who allegedly referred hundreds of scans to Zuberi in exchange for about $50,000 in his shell companies. Steck was first arrested in October of last year in connection with the investigation;
• Chiropractor Dr. Alan P. Epstein, 46, who lives in Manalapan and has an office in Elizabeth, and who allegedly referred more than 200 scans to Zuberi’s facilities. Zuberi allegedly paid for architectural services and permits meant to expand Zuberi’s practice, and also paid for Epstein’s patient transportation expenses. Epstein was also arrested in October in the same investigation.
“A doctor’s duty is to his patients’ care and well-being, not to his personal wealth,” Hoffman said in a news release. “By allegedly selling their medical opinion for kickbacks, the five medical practitioners indicted today have abandoned that duty, thus breaking the law and the trust of those who sought their advice.”
The defendants are all charged with health care claims fraud, commercial bribery, and running. They face maximum sentences ranging from 20 to 25 years in prison.
NEW JERSEY MEDICAL BOARD RECORD (Salerno)—25MA07308500 LICENSE STATUS/DISCIPLINARY ACTIONS—License active; No actions listed as of 12/27/2016
N.J. Doctors Accused Of Referring Scans To Imaging Company For Kickbacks
NEW JERSEY—Five New Jersey medical professionals were indicted Wednesday on charges of referring medical patients to a certain imaging company in exchange for kickbacks.
A grand jury handed down the indictments against four doctors and one chiropractor on Wednesday, according to Acting New Jersey Attorney General John J. Hoffman.
They were accused of taking bribes from Rehan “Ray” Zuberi, owner of Diagnostic Imaging Affiliates. Zuberi, 46, of Boonton, pleaded guilty last month to paying out several million dollars in bribes and kickbacks to 2008 to 2014.
Indicted Wednesday were:
• Family physician Dr. John Fritz, 47, who lives and works Jersey City and is accused of referring about 4,500 scans to Zuberi’s facilities in exchange for about $500,000 in kickbacks. During months of high referrals, Fritz allegedly took in $6,000 to $7,000 per month from Zuberi’s company.
• Internist Dr. Alexander G. Salerno, 47, who lives and works in East Orange and allegedly got $130,000 in kickbacks for referring thousands of scans to Zuberi’s imaging centers between 2009 and 2013. Salerno allegedly received payment in the form of checks and “sham rental agreements,” in which Zuberi’s organization allegedly rented space at Salerno’s medical offices to hide the kickbacks;
• Oncologist Dr. Davarajan Iyengar, 61, who lives in Livingston and runs an office in Bayonne, and who allegedly referred patients to Zuberi for MRI and CT scans in exchange for $75,000 in kickbacks disguised as payroll payments;
• Obstetrician/gynecologist Dr. William M. Steck Sr., 70, who lives and works in West Orange, and who allegedly referred hundreds of scans to Zuberi in exchange for about $50,000 in his shell companies. Steck was first arrested in October of last year in connection with the investigation;
• Chiropractor Dr. Alan P. Epstein, 46, who lives in Manalapan and has an office in Elizabeth, and who allegedly referred more than 200 scans to Zuberi’s facilities. Zuberi allegedly paid for architectural services and permits meant to expand Zuberi’s practice, and also paid for Epstein’s patient transportation expenses. Epstein was also arrested in October in the same investigation.
“A doctor’s duty is to his patients’ care and well-being, not to his personal wealth,” Hoffman said in a news release. “By allegedly selling their medical opinion for kickbacks, the five medical practitioners indicted today have abandoned that duty, thus breaking the law and the trust of those who sought their advice.”
The defendants are all charged with health care claims fraud, commercial bribery, and running. They face maximum sentences ranging from 20 to 25 years in prison.
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