FLORIDA MEDICAL BOARD RECORD— ME87307 DISCIPLINARY ACTIONS—no actions listed as of 5/30/2018
Weston Doctor Accused Of Assaulting Girlfriend
FT LAUDERDALE (CBSMiami) – Additional charges have been filed against a Weston doctor accused of assaulting his girlfriend.
Broward Sheriff’s deputies were called to 3204 Islewood Avenue, the home of Dr. Rafael Azulay, Sunday morning, August 31st, after receiving call from Marina Rieken. She said her daughter, Angela Glaskin, was “in trouble” and being held against her will by Azulay, her live-in boyfriend.
When deputies arrived at Azulay’s home they knocked on the door and rang the bell but no one answered. When they wandered around to the back of the home, they found Glaskin and Azulay sitting on the patio area. The deputies noted in their report that Glaskin had injuries to her face, including a cut below her right eye, and bruises on her neck, arms, back and legs.
Glaskin did not want to speak to the deputies in front of Azulay, 40, and seemed visibly afraid, according to the report. When they pulled her aside and asked about the injuries, Glaskin reportedly told them that Azulay did hit her but the injuries they noticed were from an accident that had happened a couple of weeks ago. She added that he would give her Percocet to relieve her pain after he hit her, according to the sheriff’s office.
The deputies noted bruising on neck was consistent with possible strangulation.
Glaskin was reportedly visibly upset and crying and told the deputies she just wanted to get her things out of the house.
When Glaskins’ father arrived he told the deputies that he had received several text messages from his daughter which stated she was afraid and being held against her will at the house. He also allegedly had several pictures which she had sent him showing injuries on her body which she said were caused by Azulay.
Azulay was arrested and charged with felony battery which resulted in great bodily harm and domestic battery by strangulation.
During his first bond court appearance on Monday, the judge said he found not enough evidence to substantiate the felony battery charge. On Tuesday, Azulay was back in court where he faced additional charges of false imprisonment and tampering with evidence. (LINK)—9/02/2014
Pembroke Pines doctor accused of beating girlfriend for second time
Dr. Rafael Azulay accused of punching girlfriend, kicking her in face, stomach
WESTON, Fla. - A practicing internist in Pembroke Pines was arrested for the second time on domestic violence charges.
Dr. Rafael Azulay appeared in bond court Monday morning where a judge ordered that he be held in jail in lieu of $7,500 bond.
In the latest case, Azulay is accused of punching his girlfriend in the face on Sunday, and kicking her in the face and stomach once she had fallen to the floor.
He faces a charge of battery.
According to an arrest report, the couple had been arguing because Azulay wanted the woman’s set of house keys. The victim told deputies that she tried to hide in the home’s cigar room but Azulay dragged her out.
Deputies said the woman was bleeding heavily when they arrived, but Azulay claimed that he did not touch her.
A longtime friend of the victim, who asked not to be identified, told Local 10 News that Azulay has a history of abusing his girlfriend, humiliating her on numerous occasions by rubbing cat food on her face and rubbing her face in dirt.
“For the bail to be set so low, I don’t understand,” said the woman. “It’s sickening.”
The woman said the victim had recently divorced before she began her relationship with Azulay, and felt trapped because she had quit her job, and Azulay was now supporting her.
Recent text messages between the woman and the victim showed the fear Azulay instilled in his girlfriend:
“I’m too scared to talk,” the victim said.
“He hit you!” the friend said. “You need to get out NOW.”
“(He) beat me for an hour,” the victim said.
“Why are you scared to talk?” the friend asked. No response followed.
The friend says the woman suffered multiple injuries, including a black eye, broken nose and received 12 staples in her head.
Azulay was also arrested Aug. 31 at his home in Weston, after deputies said he beat his live-in girlfriend and held her against her will inside his home.
According to the arrest report, the victim’s mother called 911 to say that her daughter called her claiming to be “in trouble” and said she was being held against her will.
When deputies arrived at Azulay’s home at 3204 Islewood Ave., they found both Azulay and his girlfriend sitting on their back patio.
Deputies said the woman had visible physical injuries to her face and bruising on her neck, arms, back and legs.
Deputies said besides beating his girlfriend, Azulay also forbid her from speaking to anyone except her mother on an occasional basis and did not allow her to leave their home without him.
The victim’s friend said she has not spoken to Azulay’s girlfriend for months because she kept telling her to leave Azulay. She said the victim told deputies that she did not want to press charges against the doctor in the first case. (LINK)—4/13/2015
Weston doctor accused of beating girlfriend for 3rd time
FORT LAUDERDALE, FLA. (WSVN) - Deputies have arrested a Weston doctor for a third time in less than four years for allegedly beating his girlfriend.
Broward Sheriff’s Office deputies arrested Dr. Rafael Azulay, charging him with felony battery.
Deputies said Azulay beat his girlfriend in their Weston home on March 1. According to the arrest report, Azulay became enraged when a BSO deputy showed up at their home to do a welfare check on the victim following an anonymous tip to police.
After the deputy left, the report states, Azulay punched the victim in the head and face repeatedly. She tried to block the blows with her arm.
The report states Azulay then grabbed her by her throat before she bit him and fled the home. She was able to run to the community’s guard gate, where a relative picked her up.
The victim was taken to hospital with, according to investigators, a ruptured eardrum and multiple fractures to her face and nose.
Photographs show bruises to the victim’s back, face, arms and neck.
Azulay was arrested in August 2014 and again in April 2015. He was never convicted in either of the cases due to the victim refusing to work with prosecutors.
“There is a lot of fear and intimidation that goes along with the whole dynamic,” said Mary Riedel of Women in Distress of Broward County. “Really, domestic violence is about power and control, and somebody having control over another individual.”
Investigators said Azulay owns a gun and threatened to bring his girlfriend to her mother in a body bag if he ever went back to jail.
“But often an abuser or a perpetrator can afford legal help, and often the survivor can’t because they even don’t have control over their finances, or they’re very scared,” said Riedel.
Azulay is currently being held on $50,000 bond.
Women in Distress has set up a crisis hotline for those who have been in domestic violence situations. For more information, call 954-761-1133.
“I think the message to survivors is there is help,” said Riedel. “You will be believed. You will be protected – not only by domestic violence centers but by law enforcement and by the courts. And you have to trust that help is really, basically, a phone call away.”
Azulay used to be an internist in private practice with privileges at Memorial Regional Hospital. However, the hospital said he is not an employed physician at Memorial and he has not been part of voluntary medical staff since May 2015. (LINK)—3/12/2018
Accused of murder, doctor lured father to his home, deputies say
Rafael Azulay said he needed help finding his ankle-monitor charger, records say
WESTON, Fla. - Asking for help to find a charger for his ankle-monitor, a Weston doctor lured his father and another woman over to his home this weekend before he fatally shot the father and turned the gun on himself, according to newly released court records.
The woman, who was not identified, fled the home after Rafael Azulay shot 67-year-old Asher Azulay in the neck and called 911, the records said. Rafael Azulay was awaiting trial on domestic violence charges and was court-ordered to wear the monitor.
The woman told deputies when they arrived at the million-dollar home in the 3200 block of Islewood Avenue on Saturday morning, Rafael Azulay was armed with a handgun and told them that he intended to kill them both and then commit suicide.
Broward County sheriff’s deputies arrived shortly after the 911 call and a standoff ensued. Eventually, Rafael Azulay surrendered and deputies found Asher Azulay dead inside the home. Rafael Azulay had shot himself several times in the stomach, the record said.
He was taken to Memorial Regional Hospital in Hollywood and is expected to recover from his injuries.
Deputies later obtained a search warrant for Rafael Azulay’s home. Inside the home, the letters, including “do not resuscitate requests,” had been taped to the walls, the records said.
Rafael Azulay faces a charge of first-degree murder.
He has a history of trouble with the law.
In 2014 and 2015, Rafeal Azulay was accused of abusing his girlfriend. The charges were dropped after the victim refused to testify.
In March, Rafael Azulay was again accused of beating the same woman, who was at one point his fiancee. According to the arrest report, the victim had bruises on her left eye, both arms and both legs. She had small cuts on her chest, the report said. He was charged with felony battery.
Rafael Azulay worked as internist in private practice with privileges at Memorial Regional Hospital. But the hospital severed ties with Rafael Azulay after the domestic violence charges became public in 2015.
He previously threatened his former fiancee, saying, “bring her to her mother in a body bag,” according to an arrest affidavit filed in March.
Friend Describes Day Woman Died After Brazilian Butt Lift
Heather Meadows and Amanda Rogers had been friends for years. Even after Amanda moved to Detroit, the two kept in close touch.
“She was one of my go-to people if I was having a bad day,” Rogers said about her friend.
The two made plans to get the popular Brazilian Butt Lift together at a clinic in South Florida.
“It wasn’t her idea or my idea. It was something we agreed to do together,” Rogers said.
In May 2016, Meadows and Rogers met in South Florida. They had heard about Vanity Cosmetics in Miami from friends. But when they arrived, they were told their procedures would be done at Encore Plastic Surgery in Hialeah by plastic surgeon James McAdoo. Encore was owned by the same company as Vanity Cosmetics. Encore has recently shut its doors. An operator who answered the phone said it’s temporarily closed.
Rogers says on May 11, the day before the surgery, they showed up at Encore Plastic Surgery for a scheduled pre-op meeting.
“We assumed the pre-op meeting was going to be with the doctor. But when we got there, the pre-op only consisted of filling out paperwork, paying the rest of our money, and being weighed in. That was it. They said Dr. McAdoo was too busy and we’d just speak to him in the morning,” Rogers said.
NBC 6 Investigators reached out to Dr. James McAdoo. He no longer works at the clinic, saying he left for another clinic that had a better accreditation. By email, he wrote “As with all patients, I did see the patient at least a day before surgery.”
Rogers says she and Heather didn’t meet him until the morning of their surgeries.
“I did not see (Dr.) McAdoo until he came into the room to mark me up to prepare me for surgery. That’s the first time I ever saw Dr. McAdoo,” Rogers said.
She says Heather’s surgery was first. While she waited for her turn, she was told about a change in plans.
“A nurse comes in and tells me they’re going to have to reschedule my appointment for tomorrow because there was an emergency and Dr. McAdoo had to go to the hospital,” Rogers said.
She had no idea the emergency involved her friend until another woman came in to talk to her.
“It was like a look she had on her face that I knew something was wrong. I asked, ‘Where’s Heather?’ And she said they had to take her to the hospital. They made me believe everything was okay.”
But when she got to the hospital, she found out Heather had died.
“That was one of the worst experiences of my life,” she said. “I was left in the city full of pain.”
By email, Dr. McAdoo said because of patient privacy, he could not discuss specifics of the case. He did stress that Meadow’s emergency started when the surgery was completed and she was in the recovery unit. A spokesperson for Vanity Cosmetics referred questions to Dr. McAdoo. In a recent statement regarding a death of another patient at Vanity Cosmetics, the company emphasized there is risk to any surgical procedure.
The NBC 6 Investigators have found that since 2013, four women have died following a plastic surgery procedure at either Vanity Cosmetics or Encore Plastic Surgery. That includes Maria Christianson, 32, who died September 7, 2016.
Heather Meadows left behind two young children.
“She was a beautiful young lady that had so much life left to live,” Rogers said. “Her children and her family was her world. She was snatched away from us. She’s not here with us anymore but she’s always going to be with us in our spirits and in our hearts.” (LINK)—9/14/2016
Medical Malpractice Complaint Filed in Brazilian Butt Lift Death
A new complaint alleges Dr. James McAdoo committed medical malpractice.
Two years after Heather Meadows died following a Brazilian Butt Lift in Miami, the Florida Department of Health has filed a complaint against the doctor who performed the procedure. The complaint alleges Dr. James McAdoo committed medical malpractice.
In May 2016, Meadows traveled from her home in West Virginia to Encore Plastic Surgery in South Florida to undergo the popular cosmetic procedure. Her friends and family members told NBC 6 Investigators the mother of two found the clinic online and chose it due to the affordable price.
“This is something she wanted to do for herself, to make herself feel better,’ said Meadows’ longtime friend Suzanna Wilson. Meadows had given birth to her second child two months before the procedure.
"She was scared. This was her first surgery ever in life,” said Wilson. “She asked me to pray for her and she told me that she loved me, those were her last words.”
The medical examiner’s report shows Meadows died of a fat embolism. That’s when a piece of fat gets into a vein, travels to the lungs and causes a patient to stop breathing.
The NBC 6 Investigators found it’s what has killed at least eight mothers in South Florida in the past five years. The women all had different doctors and went to different clinics.
The Florida Department of Health has filed a medical malpractice complaint against James McAdoo.
The administrative complaint in Meadows’s case claims Dr. McAdoo failed to perform a complete physical exam before surgery, didn’t slowly and carefully inject fat into Meadows’ body and hit a deep vein in her backside.
The complaint also lists the time frame between when Meadows gave birth prior to her procedure. The Department of Health says patients are supposed to wait at least three months.
Dr. McAdoo is one of two South Florida plastic surgeons the state has taken action against.
Dr. Osak Omulepu had his license revoked after two of his patients had their internal organs punctured during Brazilian Butt Lift operations and another patient died in June of 2017. He’s currently appealing the revocation with Florida’s 1st District Court of Appeals.
“I want this to stop, we want to save the next woman’s life,” said Wilson.
The clinic where it happened, Encore Plastic Surgery, has since shut down. But Dr. McAdoo is still practicing. His attorney reacted to the complaint in a statement to NBC 6:
“Due to issues of patient privacy, Dr. McAdoo cannot comment publicly on the allegations contained within the Administrative Complaint filed by the Department of Health. Dr. McAdoo does not agree with the allegations contained within the Complaint, and fully intends to contest these issues through the appropriate administrative process.”
If the doctor formally disputes the allegations, a hearing will be held to determine whether or not he was at fault and what, if any, disciplinary action he could receive.
The Meadows family settled a civil lawsuit against Dr. McAdoo and is currently suing the facility where it happened. An attorney for the owner told NBC 6 Investigators they have “no comment about the case.” (LINK)—5/24/2018
TEXAS MEDICAL BOARD RECORD— J4068 DISCIPLINARY ACTIONS—Temporary Suspension; see actions at the bottom of this blog post
Cleburne Doctor Under Criminal Investigation for Alleged Sexual Assaults
Two special prosecutors also probe alleged theft, improper prescriptions
Two special prosecutors have been appointed to investigate allegations that a prominent Cleburne doctor sexually assaulted patients, improperly prescribed medication and stole money from at least one of them.
Dr. John Dang, whose large medical clinic is located off Cleburne’s town square, and just a block from the police station, has not been arrested. But last month the Texas Medical Board suspended his license after looking into the allegations.
Dang did not respond to a message left on his Facebook page.
Fort Worth attorneys Miles Brissette and Bob Gill were appointed as Johnson County District Attorneys Pro Tem, the formal name for what is commonly referred to as special prosecutors.
Johnson County District Attorney Dale Hanna recused himself because he knows Dang personally.
A disciplinary panel of The Medical Board found Dang had prescribed dangerous drugs to a patient without evaluating her and even after he learned she had been treated for drug addiction. He also borrowed $31,000 from her, the board said.
In April 2015, he also used the woman’s credit card without her knowledge to bill for fraudulent services, the investigation found.
A second woman told investigators Dang sexually assaulted her when she went to see him in 2006 for hip pain. She was 14 at the time.
“He ran his hand up her athletic shorts and used his bare fingers to penetrate her vagina,” according to the board’s report.
The woman reported the alleged crime to Cleburne police about 10 years later, in 2016, the board said.
In October 2017, another woman reported the doctor sexually assaulted her when she sought treatment for a back injury, the board said.
A few days later, that patient filed a report with Cleburne police.
It wasn’t clear why charges weren’t filed in either case.
A Cleburne police spokeswoman said she could not comment on sexual assault investigations and would not confirm that the reports were filed.
A disciplinary panel of the state medical board suspended Dang’s license on April 18 after determining his practice of medicine posed a “continuing threat to public welfare.”
A sign posted on the clinic’s door reads, “Due to circumstances beyond our control, Dang Medical Clinic is closed.”
Cleburne Mayor Scott Cain said the city welcomes the investigation.
“I’m grateful they’re going to have an outside investigator so people will know it’s a fair process,” he said. “That’s very important to the community, that we have transparency and we have a fair process.” (LINK)—5/25/2018
MEDICAL BOARD DISCIPLINARY ACTIONS
Action Date: 04/18/2018 Description: ON APRIL 18, 2018, A DISCIPLINARY PANEL OF THE TEXAS MEDICAL BOARD TEMPORARILY SUSPENDED, WITH NOTICE, THE TEXAS MEDICAL LICENSE OF JOHN TAI DANG, M.D., AFTER DETERMINING HIS CONTINUATION IN THE PRACTICE OF MEDICINE POSES A CONTINUING THREAT TO PUBLIC WELFARE. THE SUSPENSION WAS EFFECTIVE IMMEDIATELY. THE BOARD PANEL FOUND, BASED ON THE EVIDENCE PROVIDED, THAT DR. DANG ENGAGED IN INAPPROPRIATE BEHAVIOR WITH THREE PATIENTS, INCLUDING SEXUAL CONTACT WITH TWO PATIENTS, BECOMING FINANCIALLY OR PERSONALLY INVOLVED WITH A PATIENT IN AN INAPPROPRIATE MANNER, AND VIOLATED THE BOARD RULES REGARDING THE TREATMENT OF PAIN. THE TEMPORARY SUSPENSION REMAINS IN PLACE UNTIL THE BOARD TAKES FURTHER ACTION.
Action Date: 06/03/1998 Description: ON JUNE 3, 1998, AGREED ORDER DATED APRIL 4, 1998 WAS TERMINATED DUE TO COMPLETION OF ALL REQUIREMENTS.
Action Date: 04/04/1998 Description: ON APRIL 4, 1998, AN AGREED ORDER WAS ENTERED ASSESSING AN ADMINISTRATIVE PENALTY IN THE AMOUNT OF $2,500. ACTION DUE TO UNPROFESSIONAL CONDUCT.
TEXAS MEDICAL BOARD RECORD— K1921 DISCIPLINARY ACTIONS—see disciplinary info at the bottom of this blog post
Corpus Christi doctor suspended for ‘violating sexual boundaries’
A Corpus Christi doctor’s license has been suspended for “engaging in a pattern of inappropriate conduct with five female patients in which he violated sexual boundaries.”
The Texas Medical Board on Thursday temporarily suspended the medical license of Dr. Jaime Sandoval, according to a news release. Sandoval’s office is located at 1301 Santa Fe Street.
From Feb. 12, 2009 to April 27, 2017, the board found that Sandoval committed inappropriate conduct with five of his patients through inappropriate touching, actions and comments which were deemed offensive and sexual, the release stated.
Sandoval was arrested Wednesday by the Corpus Christi Police Department on suspicion of sexual assault. He has bonded out of Nueces County Jail.
According to an arrest affidavit, one of Sandoval’s patients told police that she was sexually assaulted by him on Feb. 1 at his office. She wrote a statement to the medical board that said she had a rash on her neck and made an appointment with Sandoval.
“The statement indicates that during the visit Dr. Sandoval removed (her) breast over her clothing… (She) asked Dr. Sandoval why he was examining her breast… (he) replied by telling her to get on the table, that he needed to check her stomach,” the affidavit reads. “Dr. Sandoval unzipped her pants, and without any medical gloves on, he stuck his hand into her ‘private area.’”
The woman’s statement said the doctor removed her hair from a hair tie and “told her that she looks sexy.”
In a video interview, the patient said the doctor twisted her nipples and massaged her vagina. The doctor told her that “he needed to check her private area for a rash… (she) stated that she informed Dr. Sandoval that she did not have a rash there.”
It appears that Sandoval’s practice is closed. Sandoval’s practice was named Padre Coast Clinical Research, general and internal medicine and diabetes.
The suspension will remain in place until the board takes further action. A temporary suspension hearing will be held in 10 days unless Sandoval waives it.
Corpus Christi police are seeking any additional victims that may not have reported an incident with the doctor. Call Detective Mary Peña at 361-886-2854. (LINK)—7/21/2017
Suspended doctor back behind bars after another patient accuses him of sexual assault
A Corpus Christi doctor whose medical license was suspended in July is back behind bars after another patient accused him of sexual assault.
According to an affidavit, a patient filed a statement to the Corpus Christi Police Department on Aug. 1, 2017, stating that Dr. Jaime Sandoval initiated unwanted oral sex and sexual intercourse at his office at 1301 Santa Fe St.
In a video statement, the woman said she began seeing Sandoval for a kidney infection two years ago, the affidavit states.
During a visit for a yeast infection, Sandoval told her to remove her pants and underwear and told her to lay on her back on the table. He then “used a swab and put it in his nose to smell,” and told her “it did not smell like an infection,” the affidavit reads.
A few months later, the woman went back for another visit for the same issue. Again, she was told by Sandoval to take off her pants and underwear. During that visit, Sandoval unzipped his pants and initiated unwanted oral sex and sexual intercourse, the affidavit states.
Sandoval quickly stopped assaulting the woman and zipped his pants up and left the room when a nurse began knocking on the door, the affidavit states.
“(The woman) stated that she was shocked of what had just happened and put her clothes back on,” the affidavit reads. “She then stated that neither Dr. Sandoval nor a nurse came back into the room, so she left.”
In an earlier visit, Sandoval also said he would conduct a breast exam, but instead fondled her breasts, “telling her that she had a nice body and body of a young woman,” according to the affidavit.
In July, Sandoval’s medical license was temporarily suspended by the Texas Medical Board for “engaging in a pattern of inappropriate conduct with five female patients in which he violated sexual boundaries.”
From Feb. 12, 2009 to April 27, 2017, the board found that Sandoval committed inappropriate conduct with five of his patients through inappropriate touching, actions and comments which were deemed offensive and sexual, the release stated.
Sandoval was arrested for those offenses July 19.
Sandoval remained Thursday in Nueces County Jail on suspicion of sexual assault with bail set at $100,000. (LINK)—8/10/2017
Bail revoked for Corpus Christi doctor accused of sexual assault
A Corpus Christi doctor accused of sexually assaulting patients was questioned for allegedly hitting an assistant Nueces County district attorney’s car and fleeing the scene.
Dr. Jaime Sandoval appeared Friday in court, where 347th District Court Judge Missy Medary determined he had violated the conditions of his bail. She revoked his bail and ordered him into custody at the Nueces County Jail.
Sandoval’s medical license was suspended in July by the Texas Medical Board for “engaging in a pattern of inappropriate conduct with five female patients in which he violated sexual boundaries.”
In August, a patient filed a statement to Corpus Christi police accusing Sandoval, who practices internal medicine, of initiating unwanted oral sex and sexual intercourse at his office at 1301 Santa Fe St., according to an affidavit.
Assistant District Attorney Reynaldo Pena testified that while Sandoval was out on bail last Wednesday, Sandoval hit his car then fled.
Attorneys on both sides concede there was no evidence to indicate Sandoval hit Pena because Pena is a prosecutor.
The collision at hand happened in Uptown, near Park Tower and the post office on Sept. 13, according to court testimony.
Pena said he was turning onto Tancahua Street when he went around a vehicle. He said the driver came up to his rear and drove around on his left.
They were at stopped at a light, and after it turned green, Sandoval hit him, Pena said.
“He just rammed me,” Pena said.
Pena said Sandoval continued to sideswipe his car and and kept driving. He said he tried to catch the doctor, and Sandoval fake pulled over before taking off again.
During the accident, his head and shoulder hit the side of his car and he suffered a concussion, Pena said.
Pena was able to get a complete license plate number and call 911, he said. He testified that at the time of the call he believed it was an older woman who had hit him and later learned it was Sandoval.
Sandoval testified he does not remember the incident and had taken prescribed medication that can cause memory loss.
He confirmed to prosecutors the amount he took was less than the maximum dosage, but that the next morning he was feeling off.
“The morning of the accident, because you had taken this medicine the night before, you felt differently than you normally would?” Prosecutor Erica Matlock asked.
“I didn’t remember anything,” he said, then confirming that he did feel the effects of the medication at the time of the incident.
Defense for Sandoval asked that he remain on bond but amend the conditions to include no driving. His attorney, James Story, called the incident a “driving error.”
Prosecutors maintain Sandoval intentionally hit Pena then fled the scene,“ in addition to admitting to being intoxicated from the medication.
"Based on the witness’ testimony today, the court believes at the very least that you left the scene of an accident,” Medary said. “You left that scene without checking to see whether the individual that you had hit was in fact injured… at the worst you intentionally committed this act while on pre-trial bond conditions.”
Sandoval could face new charges related to the incident. (LINK)—9/22/2017
Suspended Corpus Christi doctor Jaime Sandoval wanted on warrants in sexual assault cases
The Nueces County Sheriff’s Office is asking for the public’s help in finding a 64-year-old physician with ties to Peru who is wanted on four outstanding warrants.
Jaime Sandoval has three warrants for suspicion of sexual assault-violation of bond conditions and one for suspicion of intoxication assault with a vehicle, according to a police news release.
His medical license was suspended in July by the Texas Medical Board for “engaging in a pattern of inappropriate conduct with five female patients in which he violated sexual boundaries.”
In August 2017, Sandoval voluntarily surrendered his medical license “in lieu of further disciplinary proceedings,” according to the Texas Medical Board.
From Feb. 12, 2009 to April 27, 2017, the board found Sandoval committed inappropriate conduct with five of his patients through inappropriate touching, actions and comments which were deemed offensive and sexual, the release stated.
Sandoval was arrested in connection with those allegations on July 19 and later released on bail.
As part of his bond conditions, Sandoval was placed under house arrest, and was ordered to wear a GPS monitor. He was “only allowed to go to work, attorney or (doctor) visits,” according to court records.
The conditions, set in October 2017, also state “Absolutely NO DRIVING.”
A month before his conditions were set, he was accused of colliding with a Nueces County district attorney’s car on September 13, 2017.
The collision with prosecutor Reynaldo Pena happened in Uptown, near Park Tower and the post office on Sept. 13, according to previous court testimony.
Pena said he was turning onto Tancahua Street when he went around a vehicle. He said the driver came up to his rear and drove around on his left.
They were at stopped at a light and, after it turned green, Sandoval hit him, Pena said. Pena said Sandoval continued to sideswipe his car and and kept driving. Sandoval testified he does not remember the incident and had taken prescribed medication that can cause memory loss.
Sandoval was indicted for intoxication assault with a vehicle in January 2018, according to court records.
A warrant for Sandavol’s arrest was issued on May 3, after he failed to appear in court, which was in violation of his bond conditions, court records state. A warrant was issued for the charge for suspicion of intoxication assault with a motor vehicle and the three charges he faces for suspicion of sexual assault, court records show.
According to an affidavit, a female patient filed a statement to the Corpus Christi Police Department on Aug. 1, 2017, stating that Dr. Jaime Sandoval initiated unwanted oral sex and sexual intercourse at his office at 1301 Santa Fe St.
During that visit, Sandoval unzipped his pants and initiated the unwanted sexual act. Sandoval quickly stopped assaulting the woman and zipped his pants up and left the room when a nurse began knocking on the door, the affidavit states.
“(The woman) stated that she was shocked of what had just happened and put her clothes back on,” the affidavit reads. “She then stated that neither Dr. Sandoval nor a nurse came back into the room, so she left.”
Sandoval also faces a charge for suspicion of assault causing bodily injury, a Class A misdemeanor. In that case, Sandoval is accused of pinching, pulling or twisting a woman’s nipple with his hand, according to court records. The incident happened in April 2017 and was filed into court records in January 2018, records show.
Sandoval is described as being 5 feet 9 inches tall and weighing about 170 pounds. He has black hair and brown eyes, the release states.
Sandoval also has ties to Lima, Peru. He graduated from the National University of San Marcos in Lima, Peru, in 1983 according to the Texas Medical Board. Sandoval has been a licensed physician in Texas since 1997.
MEDICAL BOARD DISCIPLINARY ACTION
Action Date: 08/25/2017 Description: ON AUGUST 25, 2017, THE BOARD AND JAIME SANDOVAL, M.D., ENTERED INTO AN AGREED ORDER OF VOLUNTARY AND PERMANENT SURRENDER IN WHICH DR. SANDOVAL AGREED TO VOLUNTARILY SURRENDER HIS TEXAS MEDICAL LICENSE IN LIEU OF FURTHER DISCIPLINARY PROCEEDINGS. DR. SANDOVAL’S LICENSE WAS PREVIOUSLY UNDER TEMPORARY SUSPENSION BASED ON INAPPROPRIATE CONDUCT WITH MULTIPLE FEMALE PATIENTS IN WHICH HE VIOLATED SEXUAL BOUNDARIES THROUGH INAPPROPRIATE TOUCHING, ACTIONS AND COMMENTS, WHICH WERE OFFENSIVE AND OF A SEXUAL NATURE.
Action Date: 07/20/2017 Description: ON JULY 20, 2017, A DISCIPLINARY PANEL OF THE TEXAS MEDICAL BOARD TEMPORARILY SUSPENDED, WITHOUT NOTICE, THE TEXAS MEDICAL LICENSE OF JAMIE SANDOVAL, M.D., AFTER DETERMINING HIS CONTINUATION IN THE PRACTICE OF MEDICINE POSES A CONTINUING THREAT TO PUBLIC WELFARE. THE SUSPENSION WAS EFFECTIVE IMMEDIATELY. THE BOARD PANEL FOUND THAT FROM APPROXIMATELY FEBRUARY 12, 2009 TO APRIL 27, 2017, DR. SANDOVAL ENGAGED IN A PATTERN OF INAPPROPRIATE CONDUCT WITH FIVE FEMALE PATIENTS IN WHICH HE VIOLATED SEXUAL BOUNDARIES THROUGH INAPPROPRIATE TOUCHING, ACTIONS AND COMMENTS, WHICH WERE OFFENSIVE AND OF A SEXUAL NATURE. A TEMPORARY SUSPENSION HEARING WITH NOTICE WILL BE HELD AS SOON AS PRACTICABLE WITH 10 DAYS’ NOTICE TO DR. SANDOVAL, UNLESS THE HEARING IS SPECIFICALLY WAIVED BY DR. SANDOVAL. THE TEMPORARY SUSPENSION REMAINS IN PLACE UNTIL THE BOARD TAKES FURTHER ACTION.
TENNESSEE MEDICAL BOARD RECORD— 16795 DISCIPLINARY ACTIONS—
Assessed $25,000 civil penalty, paid 6/30/97; 1 year suspension, stayed in entirety if compliant with Order; 2 year probation; maintain advocacy of Physicians Health Program; complete course in prescribing controlled substances; no Schedule I or II prescribing, nor III or IV to patients with chronic painPrescribing practices 5/20/1997 View Board Order
Order Modification-Probation lifted effective May 20, 1999 Compliance with order 12/5/2000 View Board Order
Feds: Doctor used trickery, lies in allergy business
A Sevier County doctor fined two decades ago for doling out prescription narcotics to addicts now faces federal charges of billing medical programs for the poor and elderly $1.3 million for allergy drops the FDA had labeled as dubious.
Dr. Robert M. Maughon was arraigned Monday afternoon before U.S. Magistrate Judge Bruce Guyton on health care fraud charges. The indictment was unsealed late last week.
In the indictment, Assistant U.S. Attorney Cynthia Davidson alleges Maughon, the owner of the medical firm First Med Inc., billed Medicare and TennCare more than $6.1 million between June 2013 and October 2015 for allergy testing and treatment and was paid $1.3 million.
The indictment alleges Maughon lied to get his money — both to the government and patients — and gave patients allergy drops that neither they wanted nor the FDA had approved.
Maughon, licensed to practice medicine in Tennessee since 1985, appeared on paper to be a success story for the state Board of Medical Examiners treatment program for addicted doctors. In 1997, Maughon was ordered into that program as part of a settlement of disciplinary charges the board filed against him for prescribing narcotics, including opiates, to patients he knew or should have known were addicts. He did so under the guise of pain management, then a fairly new brand of medicine that would later become the driver of today’s opiate epidemic.
The disciplinary charges were not immediately available, but the board’s order shows Maughon admitted the charges and agreed to the treatment program to save his license. He was fined $25,000 for overprescribing to more than a dozen patients. He paid the fine, completed the program and finished up probation by 2000.
Maughon went on to establish and operate First Med Inc., with walk-in clinics in Gatlinburg, Pigeon Forge and Morristown. He also won a contract to provide medical services to inmates at the Sevier County jail. By 2014, Sevier County had ended the contract after several federal lawsuits involving the care — or lack thereof — of inmates by First Med staff. First Med has settled nearly a half-dozen, including at least one in which the inmate died. His medical license remained intact, and his practitioner profile on the state Department of Health’s website shows a clean record, though some details of the 1997 overprescribing case can be found on the same website.
Davidson alleges Maughon began in 2013 setting up booths “at large employers’ health fairs, senior centers, a tomato festival, flea markets (amusement) fairs and car shows” advertising free allergy testing at his Mobile Allergy Clinics. He specifically sought patients with insurance, including government programs, she wrote.
Maughon himself did no allergy testing nor did he supervise staffers who did, the indictment alleges. He used nurses and even nonmedical staff to man the booths, a no-no under government guidelines, and lied about it in his billing, according to the indictment.
According to the indictment, Maughon’s staff would give patients allergy drops that the FDA had refused to approve because their effectiveness was dubious at best. Patients didn’t ask for the drops, and Maughon used trickery to keep the government insurance programs from knowing he was billing them for drops, not for FDA-approved allergy treatment, Davidson alleges.
Maughon’s medical license is still in good standing. First Med’s clinics remain open. (LINK)—1/09/2017
Alleged fraud at Tomato Festival leads to East Tennessee doctor facing charges
Celebration of a bountiful harvest and brazen health-care fraud allegedly coexisted at the 2013 Grainger County Tomato Festival, according to federal court documents.
While vendors competed for the palates and preferences of festival-goers to earn a few dollars, Dr. Robert M. Maughon allegedly focused on the big bucks through fraudulent insurance claims for an allergy regimen that’s not approved by the Food and Drug Administration.
How Maughon, a Sevier County physician, allegedly executed the scheme is detailed in a plea agreement he signed in September 2017. When it came time to formally admit guilt in February, however, Maughon withdrew the plea agreement and indicated he wanted a trial, which is scheduled to begin in U.S. District Court in Knoxville on June 5.
Federal law provides that before a defendant pleads guilty, he or she can walk away from the deal for any reason or no reason at all. The reason it doesn’t happen a lot is because plea agreements provide that if a defendant doesn’t admit guilt, federal prosecutors may “enforce whatever parts of the agreement it chooses.”
The plea agreement explicitly details how Maughon allegedly duped festival-goers.
Four months after expanding his practice to include allergy treatments, Maughon sent a team of workers to the 2013 Grainger County Tomato Festival to offer “free” allergy testing to any person who had insurance, according to the plea agreement.
The treatment involved placing drops under a patient’s tongue, therapy the doctor knew was not approved by Medicare, TennCare or any private insurance because the FDA concluded the treatment was unproven, according to the plea agreement.
Maughon allegedly billed government-run and private insurance companies for the sublingual drops, and then allegedly compounded the malfeasance billing for subsequent doses of allergy drops, which generated outcry, according to the plea agreement.
“The complaints included that they were being billed for services not provided – allergy immunotherapy not authorized or delivered,” the plea agreement states. “Patients also complained that the drops were delivered in the mail with no explanation of how to use them.
“(In one case) Medicare was then billed for three consecutive months of allergy drop, which weren’t wanted, used or received,” the plea agreement further states.
Maughon initially agreed to pay $214,000 in restitution to Medicare as part of his deal with the government. The 45-count indictment alleges Maughon received $1.3 million through the scheme.
In 1997, Maughon’s medical license was placed on probation for two years after he admitted prescribing painkillers to addicts “in amounts and/or for durations not medically necessary, advisable or justified for a diagnosed condition,” the agreed order ending the case states. Maughon also paid a $25,000 civil penalty to put the charges behind him, according to the agreed order. (LINK)—5/18/2018
Doctor charged with Tomato Festival fraud in court for alleged witness tampering
A Sevier County medical doctor, who allegedly admitted to health-care fraud perpetrated at the Grainger County Tomato Festival before withdrawing the plea agreement and exposing himself to a wider range of charges, has run afoul of the law again for alleged witness-tampering in an incident that resembles dozens of old jokes, according to court documents.
Dr. Robert M. Maughon walked into a bar in mid-May and bumped into a witness who is scheduled to testify against him. The medical doctor allegedly initiated a conversation about the trial, which is scheduled to begin in U.S. District Court in Knoxville on June 5, according to R. Travis Washington, federal probation officer.
Maughon allegedly told the witness that that files related to the prosecution were destroyed in the November 2016 fire in Gatlinburg, an assertion the witness knew to be a bold-face lie, according to Washington’s arrest petition.
“The witness denied the statements made by (Maughon) multiple times and the witness believed that was an effort to have him lie about the case against the defendant,” the arrest petition states. “Additionally, the witness advised the U.S. attorney’s office that (Maughon) discussed the witness receiving a subpoena for the case.”
After the witness reported the alleged prohibited contact with Maughon, the medical doctor was arrested on Tuesday. A federal judge is scheduled to decide today whether Maughon should remain behind bars until his trial.
At the 2014 Grainger County Tomato Festival, Maughon offered “free” allergy testing to festival-goers who had insurance. The treatment involved placing drops under a patient’s tongue, therapy the doctor knew was not approved by Medicare, TennCare or any private insurance because the FDA concluded the treatment was unproven, according to the plea agreement.
Not only did Maughon bill for the unapproved testing, he continued to bill for the allergy drops that festival-goers did not request, the agreement states.
The alleged witness-tampering was the second legal setback Maughon suffered this week. A federal judge on Tuesday denied a defense motion for a fourth continuance of the trial.
Assistant U.S. Attorney Cynthia F. Davidson argued successfully that the facts of the case haven’t changed since the doctor was indicted in 2014, and another postponement would cause dire inconvenience because many witnesses, including three expert witnesses, have already been subpoenaed to appear on June 5.
Some witnesses are elderly and one witness has died since Maughon was indicted, according to federal prosecutor. Quoting a U.S. Supreme Court opinion, Davidson suggested a possible motive for the medical doctor.
“Delay is not an uncommon defense tactic,” the opinion states. “As the time between the commission of the crime and the trial lengthens, witnesses may become unavailable or their memories may fade. If the witnesses support the prosecution, its case will be weakened. Sometimes seriously so.” (LINK)—5/24/2018
MICHIGAN MEDICAL BOARD RECORD— 5101018810 DISCIPLINARY ACTIONS—none listed as of 5/25/2018
Doctor arrested on soliciting prostitution, narcotic charges
GAYLORD — A former local orthopedic surgeon was arrested last month and is facing four charges, including possession of narcotics and engaging services of prostitution.
Ryan Shephard, 34, a former orthopedic surgeon at Otsego Memorial Hospital (OMH), was fired because of the severity of his charges, according to a statement from OMH.
Shephard was arrested April 26 on charges of possession of narcotic/cocaine under 25 grams, felony weapons firearm, using computers to commit a crime and engaging services of prostitution. He posted bond the same day.
Shephard waived his arraignment in 87th District Court Monday. Waiving arraignment means an acknowledgment of charges and one is entering an initial plea of not guilty. He faces a formal arraignment on Monday, June 4. A pretrial hearing is scheduled for 1 p.m. Thursday, June 14, and a preliminary hearing for 1:30 p.m. Thursday, June 21.
“The accusations, while unrelated to the hospital or his medical practice, have led us to suspend Dr. Shephard from employment,“ a statement from OMH reads. "Once the charges were clarified, his employment was terminated. The type of activity that this provider is alleged to have engaged in is contrary to the values we hold as an organization. Our top priority is to ensure that we maintain quality of care and access to care for our patients.”
At this time, OMH does not believe that any of the accused conduct is related to any of its patients.
If found guilty, Shephard’s charges carry a range of potential punishments, as defined by the Michigan Legislature website.
Possession of narcotic/cocaine under 25 grams carries a maximum of four years imprisonment, or fine of no more than $25,000, or both.
Felony weapons firearm first offense is imprisonment of two years.
Using computers to commit a crime depends on the crime that was committed with the computer, but can range from one year imprisonment with a $5,000 fine up to 20 years imprisonment with a $20,000 fine.
Engaging in the services of prostitution is a misdemeanor and depends on the nature of the act and prior criminal history, punishable by up to 93 days in jail or a fine, probation, or community service.
OMH said Shephard’s patients will be transitioned to other OMH providers. (LINK)—5/24/2018
ILLINOIS MEDICAL BOARD RECORD— 036100648 DISCIPLINARY ACTIONS—License suspeneded after the court entry of guilty judgment to Counts 1-16 of the Indictment for heath care fraud and false statements related to health care matters.
12 Charged In Chicago As Part Of Largest National Medicare Fraud Takedown In History
CHICAGO – Attorney General Loretta E. Lynch and Department of Health and Human Services (HHS) Secretary Sylvia Mathews Burwell announced today a nationwide takedown by Medicare Fraud Strike Force operations in 17 districts, resulting in charges against 243 individuals, including 46 doctors, nurses and other licensed medical professionals, for their alleged participation in Medicare fraud schemes involving approximately $712 million in false billings. In addition, the Centers for Medicare & Medicaid Services (CMS) also suspended a number of providers using its suspension authority as provided in the Affordable Care Act. This coordinated takedown is the largest in Strike Force history, both in terms of the number of defendants charged and loss amount. Zachary T. Fardon, United States Attorney for the Northern District of Illinois, announced thirteen defendants who were charged in four local cases as part of the national package.
“This action represents the largest criminal health care fraud takedown in the history of the Department of Justice, and it adds to an already remarkable record of enforcement,” said Attorney General Lynch. “The defendants charged include doctors, patient recruiters, home health care providers, pharmacy owners, and others. They billed for equipment that wasn’t provided, for care that wasn’t needed, and for services that weren’t rendered. In the days ahead, the Department of Justice will continue our focus on preventing wrongdoing and prosecuting those whose criminal activity drives up medical costs and jeopardizes a system that our citizens trust with their lives. We are prepared – and I am personally determined – to continue working with our federal, state, and local partners to bring about the vital progress that all Americans deserve.”
“Health care fraud extracts a huge toll on our nation’s health care system,” stated U.S. Attorney Fardon in announcing the cases charged in the Northern District of Illinois. “We will continue to aggressively pursue those health care providers that take advantage of not only the system, but the patients they are entrusted to care for.”
Three of the cases and nine of the defendants in the Northern District of Illinois involve home health services, an area which is “vulnerable to fraud, waste and abuse,” according to the Department of Health and Human Services Office of Inspector General in a 2012 report, “Inappropriate and Questionable Billing by Medicare Home Health Agencies.” In 2013, citing factors that strongly indicated fraudulent activity in the metropolitan Chicago area compared to other areas, the Centers for Medicare & Medicaid Services imposed the first-ever moratorium authorized by the Affordable Care Act to halt the enrollment of new home health providers in the metropolitan Chicago area.
The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since their inception in March 2007, Strike Force operations in nine locations have charged over 2,300 defendants who collectively have falsely billed the Medicare program for over $7 billion.
Including today’s enforcement actions, nearly 900 individuals have been charged in national takedown operations, which have involved more than $2.5 billion in fraudulent billings. Today’s announcement marks the first time that districts outside of Strike Force locations have participated in a national takedown; those districts account for 82 defendants charged in the takedown.
The cases announced today are being prosecuted and investigated by Medicare Fraud Strike Force teams from the Fraud Section of the Justice Department’s Criminal Division and from the U.S. Attorney’s Offices for the Southern District of Florida, Eastern District of Michigan, Eastern District of New York, Southern District of Texas, Central District of California, Eastern District of Louisiana, Northern District of Texas, Northern District of Illinois, and the Middle District of Florida; and agents from the FBI, HHS-OIG and state Medicaid Fraud Control Units.
In addition to the Strike Force, today’s enforcement actions include cases brought by the U.S. Attorney’s Offices for the Northern District of Illinois, Southern District of Illinois, Northern District of Ohio, Western District of Pennsylvania, Western District of Kentucky, Southern District of New York, Alaska, and the Southern District of Georgia. The following cases are being prosecuted by the Northern District of Illinois:
[other doctors removed]
United States vs. Omeed Memar Omeed Memar, 46 of Chicago, a dermatologist, was indicted for health care fraud last week in a 16-count federal indictment for allegedly billing cosmetic treatments fraudulently as the destruction of large numbers of pre-cancerous lesions. According to the indictment, the defendant falsely diagnosed patients with actinic keratosis, or precancerous lesions that are typically rough, dry or scaly, and then billed public and private health insurers for medically unnecessary treatments. According to the indictment, between 2007 and January 2013, Memar falsely diagnosed patients with actinic keratosis, ordered his staff to provide intense-pulsed light treatments for his patients, and instructed his staff to document the procedures falsely as the destruction of 15 or more precancerous lesions. The government is represented in this case by Assistant U.S. Attorney Stephen Chahn Lee.
The charges were announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Robert J. Holley, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; Lamont Pugh III, Special Agent-in-Charge of the U.S. Department of Health and Human Services Office of Inspector General in Chicago; James Vanderberg, Special Agent-in-Charge of the U.S. Department of Labor Office of Inspector General in Chicago; Martin J. Dickman, Inspector General, U.S. Railroad Retirement Board; and Stephen Boyd, Special Agent-in-Charge of the Internal Revenue Service, Criminal Investigation, Chicago Field Office.
Money laundering carries a maximum penalty of 20 years in prison and a $500,000 fine. Health care fraud and conspiracy to commit health care fraud carry a maximum penalty of 10 years in prison and a $250,000 fine and restitution is mandatory. Making a false statement in a health care matter carries a maximum penalty of 5 years in prison and a $250,000 fine. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The public is reminded that indictments and complaints are not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. (LINK)—6/18/2015
Dermatologist Convicted Of Health Care Fraud
CHICAGO (CBS) — A Chicago dermatologist was convicted of health care fraud for billing health insurance programs for falsely reported pre-cancerous treatments.
Omeed Memar, a 48-year-old Chicago resident, was convicted Wednesday of eight counts of health care fraud and eight counts of making false statements in a health care matter, according to the U.S. attorney’s office.
Memar submitted false claims to health insurers from 2007 to 2013, prosecutors said.
He would bill cosmetic treatments fraudulently as necessary treatments for actinic keratosis, pre-cancerous lesions that he knew many patients did not actually have, and then documented the false claims by including false diagnoses of actinic keratosis in his patients’ charts, prosecutors said.
Records showed patients were apparently diagnosed with keratosis lesions and given intense-pulse light treatments, and Memar billed them as costly treatments for pre-cancerous lesions, prosecutors said.
Numerous patients later testified that Memar told them they were getting treated for different things, and three former employees testified about the scheme, prosecutors said.
Memar could face up to 120 years in prison. Sentencing is scheduled for Sept. 28. (LINK)—5/12/2017
Convicted skin-scam doctor fights back in court, on ABC7
A downtown dermatologist convicted of health care fraud after passing off cosmetic procedures as medical treatments insists he is an innocent man.
“I’ve done nothing wrong. I’ve just done nothing wrong and that’s a fact,” Dr. Omeed Memar told the ABC7 I-Team in his only television interview. A federal jury disagreed with that assessment after a week-long criminal trial one year ago.
Memar asked the 7th U.S. Circuit Court of Appeals in Chicago on Wednesday to throw out his conviction or grant him a new trial after he was convicted a year ago of telling insurance companies that a cosmetic laser treatment he used on eight patients was actually a treatment for a precancerous condition that none of the eight patients remembered having.
Memar, 49, is currently serving three years of court supervision and community service and his state medical license to practice has been suspended.
Federal prosecutors have said that after misleading patients and cheating the system he lied to authorities and “thought he would get away with the scheme because he was a doctor.”
Memar’s attorney Taher Kameli told the appellate court on Wednesday that Memar was being condemned by circumstantial evidence for having a medical opinion and treating patients as he saw fit.
“This case is about is his diagnosis,” Kameli said in an interview. “The diagnosis he made for his patients based on his expertise and the tools that he used that he believed based on that expertise is gonna help the patient. And now he is getting punished.”
Federal investigators said Memar used an “intense pulsed light” to treat patients and billed it to insurance companies as treatments for the precancerous condition actinic keratosis, or AK, which manifests as red, scaly patches on the skin. At trial, however, eight of Memar’s patients who received the treatments testified that they never had such patches, nor did they remember Memar telling them they had AK.
The dermatologist, who could have received a 120 year prison sentence, said neither he nor his treatment were a fraud.
“NO!” he told the I-Team. “Absolutely not, absolutely not…the oath I took was a Hippocratic oath, not an oath to Blue Cross Blue Shield. No patients stood up and said ‘I was hurt.’ No patients stood up and said he intentionally you know defrauded me or something.”
“This is a case that every physician in every specialty has to be concerned” said his attorney Taher Kameli…“why your expertise and your knowledge is going to come under question every time from now on, not just by other attorneys by now by the US government,” Kameli said.
“Are we becoming a society that every diagnosis of a physician coming under scrutiny by medical insurance, by the government?” he asked.
After Wednesday’s hearing the appeals court is expected to issue a ruling in the next few weeks or months. Memar, who made numerous appearances on ABC7 as an expert dermatologist prior to being charged, says he is currently working as a doctor’s assistant at University of Illinois hospital.
His attorney argues that the federal case should not spell the end of Memar’s medical career.
“You cannot charge people for having different opinions for different procedures. That is not fraud or intent,” said Kameli. “That is the expertise and opinion of someone . Opinion cannot be fraudulent intent.” (LINK)—5/23/2018
FLORIDA MEDICAL BOARD RECORD— AY1752 DISCIPLINARY ACTIONS—none listed as of 5/23/2018
SWFL doctor accused of fraud, removed from plane at RSW
A doctor accused of scamming his patients was arrested Monday evening on an Air Canada flight at Southwest Florida International Airport.
There was a warrant out for the arrest of Darren Kurtzer, 33, when he was located on the flight headed to Canada.
The details of the arrest are laid out in his five-page warrant in which police say he conducted a scheme while working at the American Institute of Balance as an audiologist.
Kurtzer is accused of selling overpriced damaged or used hearing aids to patients and pocketing the difference for himself, according to the warrant.
He’s accused of using “square payment” to deposit money into his personal account rather than his employees, according to the warrant.
The American Institute of Balance says the scheme resulted in a loss of more than $9,000.
The owners of the hearing center were caught off guard by the accusations against Kurtzer and said they thought he was a model employee with great people skills.
“He’s been nice with our patients, he’s clinically sound, there were a lot of very good things going on. So this all catches us by surprise,” said John Hoglund, coowner of the hearing center.
Boyd Jenney is one of five patients Kurtzer is accused of defrauding. Jenney paid close to $2,700 for a hearing aid that later broke.
“He’s working for a good company. So everything he said, I had to believe. He’s a doctor, why wouldn’t I believe him?” Jenney said. (LINK)—5/22/2018
FLORIDA MEDICAL BOARD RECORD— ME89291 DISCIPLINARY ACTIONS—none listed as of 5/23/2018
Lee County doctor admits to receiving more than $400K in illegal kickbacks
A Lee County doctor has resigned from his practice days after admitting to defrauding the government out of hundreds of thousands of dollars.
Federal court documents show Dr. Michael Frey of the Advanced Pain Management & Spine Specialists clinic on College Parkway agreed to plead guilty Friday to two counts of fraud.
Investigators said he received more than $470,000 in illegal kickbacks from representatives of two companies.
Those companies would then file fraudulent Medicare benefit claims, a scheme which lasted for up to six years.
Some of Frey’s former patients, like Jean Sundstrom, are now left scrambling to find a new doctor.
“The man has a demeanor that makes you feel like everything’s going to be OK,” she said. “I don’t see the man as fraudulent. I just don’t.”
In a statement, Dr. Frey’s former business partner said the illegal kickbacks were “concealed from other members of the practice.”
Frey faces up to 10 years in prison, but that could be reduced if he helps investigators prosecute anyone else involved in the same scheme.
Our calls to Frey’s attorney were not returned.
The full statement from Dr. Jonathan Daitch, Frey’s now-former business partner, is below:
"Advanced Pain Management & Spine Specialists would like our patients and the Southwest Florida community to know that we are committed to the highest standards of medical care for our patients and the highest ethical standards for our medical profession.
"The practice recently learned that one of our physicians, Dr. Michael Frey, entered into a plea agreement with the government alleging the unlawful payment of kickbacks to Dr. Frey for the prescription of certain medical products.
"These kickbacks were concealed from other members of the practice. Although the plea agreement alleged unlawful payments to Dr. Frey for the prescription of medical products, it is our understanding that all medical services conducted by Dr. Frey and all medical prescriptions ordered by Dr. Frey were medically necessary and provided or prescribed for the maximum medical benefit to the patient.
"While I’m saddened to learn of Dr. Frey’s actions, our primary responsibility is to our patients and staff.
"Dr. Frey has since resigned from Advanced Pain Management & Spine Specialists and I have assumed sole ownership over the practice.
"I have thoroughly reviewed our operations and have taken proactive measures to ensure that proper patient care and billing processes are being followed, including ongoing, robust compliance training for all staff and continuous audit procedures. I stand behind the superior patient care that the practice provides to patients. To that end, we have assembled a team of highly qualified physicians and staff to ensure the highest quality of ongoing care for our patients.
"We look forward to continuing to provide the specialized services to our patients and our community that can only be found at Advanced Pain.” (LINK)—5/22/2018
TEXAS MEDICAL BOARD RECORD— J0739 DISCIPLINARY ACTIONS—see bottom of this blog post.
South Texas doctor indicted in medical fraud case
A South Texas doctor was in federal court Tuesday, answering to charges that he was involved in a $240 million health care fraud and international money laundering scam that made him rich enough to buy a private jet, a Maserati, a Porsche and high-end real estate in the United States and Mexico.
Dr. Jorge Zamora-Quezada, 61, of Mission, pleaded not guilty to one count of conspiracy to commit health care fraud, five counts of health care fraud and one count of conspiracy to commit money laundering. He’s accused of misdiagnosing patients, possibly putting their lives in danger, so he could bill the government for unneeded expensive treatments that fed his lavish lifestyle.
“The allegations that Zamora-Quezada violated his oath to do no harm by administering unnecessary chemotherapy and other toxic medications to patients with serious diseases — including some of the most vulnerable victims imaginable — are almost beyond comprehension,” said Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.
Zamora-Quzada’s clinics, which carried various names that included the Center for Arthritis and Osteoporosis, were based in the Rio Grande Valley. He also ran the Angeles Multi-Specialty Clinic in the Medical Center of San Antonio.
The indictment, returned May 9, said that from 2000 through last week, Zamora-Quezada and unnamed co-conspirators falsely diagnosed vulnerable patients — including the young, elderly and disabled from San Antonio, the Rio Grande Valley and elsewhere — with various degenerative diseases, including rheumatoid arthritis. He and his co-conspirators then administered chemotherapy and other toxic medications to the patients based on that false diagnosis, the indictments allege.
In addition to falsely diagnosing patients, the indictment continues, Zamora-Quezada and his co-conspirators conducted a battery of fraudulent, repetitive and excessive medical procedures on patients in order to increase revenue and pay for the rheumatologist’s “lavish and opulent lifestyle.”
The FBI San Antonio office took to Twitter on Monday night to try to find more of Zamora-Quezada’s patients. On Tuesday, special agent Michelle Lee, spokeswoman for the FBI’s San Antonio office, reiterated that the agency is looking for patients who might need help.
The FBI is “concerned there were potential victims who were misdiagnosed and may be continuing treatment based on that,” Lee said, adding that winter Texans and Mexican nationals who live in Texas might have gone to Zamora-Quezada.
Patients of Zamora-Quezada who believe they were affected by the alleged crimes should call the FBI victim’s hotline, 833-432-4873, Option 8, or email the task forces at [email protected], Lee said.
The FBI is legally mandated to identify victims of federal crimes that it investigates and provide these victims with information, assistance services and resources.
A phone recording at the San Antonio clinic on Datapoint Drive tells callers that the office has been shut down and instructs patients to call a phone number for the clinic in Edinburg for their medical records. The Express-News left a message for the doctor there; the call had not been returned as of late Tuesday.
Cronan made the announcement this week along with Southern District of Texas U.S. Attorney Ryan J. Patrick√; Special Agent in Charge C.J. Porter√ of the U.S. Department of Health and Human Services Office of Inspector General’s Dallas region and Special Agent in Charge Christopher Combs√ of the FBI’s San Antonio field office.
The indictment alleges Zamora-Quezada and his co-conspirators obstructed investigations by causing the creation of false patient records and concealed thousands of medical records from Medicare by stashing them in an unsecured and dilapidated barn located in the Rio Grande Valley.
The indictment also alleges Zamora-Quezada and his co-conspirators flew in Zamora-Quezada’s $1 million private jet or drove in his Maserati, both emblazoned with his initials “ZQ,” between his offices in the Rio Grande Valley and San Antonio, in order to perpetuate the fraud. In addition to buying the jet and luxury cars, Zamora-Quezada and the co-conspirators are accused of buying clothing from exclusive designers, including Louis Vuitton.
The properties they are accused of acquiring include two penthouses in Puerto Vallarta, Mexico; a condominium in Aspen, Colorado; a condominium in Punta Mita, Mexico; and multiple homes and commercial properties located throughout Texas. He then created the false appearance of legitimate wealth and income by renting the various commercial and residential properties that he acquired to individuals and entities. Zamora-Quezada and his co-conspirators allegedly laundered the proceeds through a casa de cambio, or money exchange house, to various accounts maintained by financial institutions in Mexico.
The indictment seeks the forfeiture of his jet, Maserati and multiple residential and commercial properties in the United States and Mexico.
The FBI investigated the case with the the Rio Grande Valley Health Care Fraud Task Force and the McAllen Complex Financial Crimes Task Force, which are comprised of investigators from Texas Department of Insurance, police departments in McAllen and Pharr and the Texas Health and Human Service Commission. (LINK)—5/16/2018
Records show doctor arrested by FBI has list of other legal claims against him
Dr. Jorge Zamora-Quezada charged with health care fraud, money laundering
SAN ANTONIO - Court records obtained by KSAT-12’s Defenders reveal Dr. Jorge Zamora-Quezada knew he was under a criminal investigation by federal authorities for more than one year before he was arrested. They also show that patients and employees raised concerns about his medical practice ahead of the criminal charges.
Zamora-Quezada, 61, was arrested May 11 in McAllen on federal charges of conspiracy to commit health care fraud, health care fraud and conspiracy to commit money laundering. The indictment alleges Zamora-Quezada and others “falsely diagnosed vulnerable patients – including the young, elderly and disabled, from the Rio Grande Valley, San Antonio and elsewhere – with various degenerative diseases, including rheumatoid arthritis. He and his co-conspirators then administered chemotherapy and other toxic medications ot patients based on that false diagnosis,” the government has said.
Zamora-Quezada is accused of using his million-dollar private jet or his Maserati to go between his offices in the Rio Grande Valley and San Antonio, and of using proceeds from the alleged fraud to buy private jets, luxury vehicles, high-end clothing and real estate in the United States and Mexico.
A document filed Monday requesting a “reasonable bond” be set, said Zamora-Quezada learned Feb. 3, 2017, that he was the target of a federal criminal investigation. Nearly four months later, his medical office and storage space were raided by investigators, who reportedly more than 175 patient records, as well as personal and business records. The document said Zamora-Quezada had been cooperating with investigators, responding to “at least 5 grand jury subpoenas that have been served on him.”
Zamora-Quezada is being held without bond.
Other lawsuits filed against Zamora-Quezada
Six months before Zamora-Quezada learned federal investigators were zeroing in on him, he was sued in Hidalgo County by Amalia Mendoza. Court records show “Dr. Zamora-Quezada, a rheumatologist, treated Mendoza for rheumatoid Arthritis…despite knowing (Mendoza) had been diagnosed with chronic renal failure while Mendoza was undergoing kidney dialysis.”
Zamora-Quezada is accused of prescribing methotrexate, which Mendoza alleged caused her to suffer “ulcers in her esophagus and mouth and a ‘life-threatening low blood count of white blood cells.”
That lawsuit seeks up to $1 million in damages. It is still pending.
In 2006, a federal jury ruled against Zamora-Quezada in a case alleging sexual discrimination, sexual harassment and a hostile work environment, that included lost wages and benefits. He was ordered to pay four women nearly $300,000 plus interest, as well as $124,000 in legal fees for their attorney fees.
Court filings made in March 2018 alleged Zamora-Quezada tried to delay a bankruptcy suit by Hitachi Medical Systems America, Inc., “because the pending criminal investigation would require [him] to invoke his Fifth Amendment privilege in the civil suit and denying him due process.”
HMSA claimed “Zamora has continually obstructed, obfuscated, and acted in bad faith. His actions pre- and post-petition have resulted in additional litigation, including this adversary proceeding and others, alleging that he breached fiduciary duties and improperly transferred assets in a complicated shell game that now spans several cities and medical offices, and involves even his minor children, his former attorneys and at least one bank.”
Zamora-Quezada’s request to delay that matter was denied.
Doctor ‘remained in the United States and continued to see his patients’
Zamora-Quezada’s attorney is asking a judge to set an “appropriate and reasonable bond” in the criminal case.
The request said Zamora-Quezada was born in Guadalajara, Mexico, and moved to the U.S. in 1984 to complete his residency in internal medicine at Southwestern Hospital in Dallas. He obtained a degree in rheumatology/immunology at the New England Medical Center Hospital, then received a master’s in public health from Harvard School of Public Health. Zamora-Quezada has practiced medicine in the Rio Grande Valley since 1999 and opened an office in San Antonio in 2006. He became a U.S. citizen in 2011.
Zamora-Quezada is married to a permanent resident, Meisa Zamora, “who has applied for U.S. citizenship,” the document said.
“During their marriage, they had one child. Their blended family has seven children and all but one live in the United States,” the document said. “Dr. Zamora has lived in the United States for over thirty-four years. He has significant ties to this country.”
Zamora-Quezada’s attorney said the doctor has offered to turn over his passport and that “there is no evidence that Dr. Zamora has attempted fo flee.”
A federal judge has not yet ruled on the request to grant Zamora-Quezada bond while he awaits trial. (LINK)—5/22/2018
Feds: About 3,000 ‘suspected victims’ make new allegations against local doctor
Possible charges include causing death of patients, sexual misconduct
SAN ANTONIO - Federal prosecutors told a judge a San Antonio and Rio Grande Valley doctor may face new federal and state charges that include “fraudulently diagnosing children, causing the death of patients and sexual misconduct,” a document filed Tuesday said.
Dr. Jorge Zamora-Quezada was arrested May 11. Three days later, officials released a 20-page indictment against Zamora-Quezada detailing charges of federal health care fraud, health care fraud and conspiracy to commit money laundering.
The indictment alleges Zamora-Quezada and others “falsely diagnosed vulnerable patients – including the young, elderly and disabled from the Rio Grande Valley, San Antonio and elsewhere – with various degenerative diseases, including rheumatoid arthritis. He and his co-conspirators then administered chemotherapy and other toxic medications to patients based on that false diagnosis,” the government has said.
Zamora-Quezada is accused of using his million-dollar private jet or his Maserati to go between his offices in the Rio Grande Valley and San Antonio, and of using proceeds from the alleged fraud to buy private jets, luxury vehicles, high-end clothing and real estate in the United States and Mexico.
Prosecutors said last week they have turned over more than 180,000 pages of documents collected in the investigation against Zamora-Quezada. Now they said they are “developing a more complete picture of the full magnitude of Defendant’s crimes” and that they have received “a staggering volume of complaints from former patients and their family members – approximately 3,000 contacts from suspected victims of (Zamora-Quezada).”
“An alarming number of these complaints relate to the allegations that that Defendant fraudulently diagnosed young children, caused the premature death of patients through his false diagnoses and chemotherapy treatments, and touched patients in an inappropriate sexual manner,” the court document alleged.
Among the examples of the complaints recently received, prosecutors include a man who was falsely diagnosed by Zamora-Quezada with rheumatoid arthritis in 2006. He “later developed burns on his skin, lost both finger and toe nails, and later began to lose his skin (apparently due to the toxic medications),” the document said. The man saw another rheumatologist, who said the man did not have the condition and was taken off the medication. Still, prosecutors said, the man’s health problems continued until his death last year.
Zamora-Quezada’s attorneys said that patient “was diagnosed with psoriatic arthritis and not with rheumatoid arthritis as the Government incorrectly alleges. If the Government is making such troubling allegations against Defendant, Zamora, then the government should at least be correct in presenting the facts to this Court.”
Another patient went to Zamora-Quezada for carpal tunnel syndrome, but was diagnosed with rheumatoid arthritis in 2015. She was subjected to “different medications and injections of drugs. Defendant never told (the patient) what specific drugs he was administering to her. Shortly thereafter, the health of (the patient) began to deteriorate and she lost approximately 50 pounds, was unable to walk, and could not keep her food down,” the document said. The woman died six months later of reported heart attack due to organ failure.
Zamora-Quezada’s attorneys challenged this claim, saying the woman had “severe rheumatoid arthritis with a positive antibody for vasculitis which has been associated with rapidly progressive renal failure,” which “could have been the cause of her death. Her records show that she was not fully functional when she went to go see Defendant that she could not drive herself to her appointment, she could not get dressed on her own. The Government incorrectly alleges (the patient) went in for carpal tunnel syndrome. She went to see Defendant, Zamora, because of the weight loss, severe pain and limitations she was experiencing. From her first to her second visit, she only lost 7 pounds.”
A third case involved a person who was a patient of Zamora-Quezada’s from 2011-2012 and was falsely diagnosed with rheumatoid arthritis. That person was “subjected to extensive medical procedures and chemotherapy treatments and other medications…(his) skin changed to a grayish color, he gained nearly 100 pounds of body weight, became depressed, and experienced pain,” the document said. That man was later examined by another doctor who said the patient did not have rheumatoid arthritis and that “he was lucky to be alive.” That man has since “regained his general health,” the document said.
Zamora-Quezada’s attorney said the patient “was not diagnosed with rheumatoid arthritis as the Government incorrectly states but instead was diagnosed with polyarthropaty inflammatory disease. This patient was seen only three times.”
While Zamora-Quezada’s attorneys have described the allegations against him as a “civil matter,” prosecutors said “for every patient that Defendant falsely diagnosed and fraudulently treated, Defendant earned a profit. That is textbook health care fraud.”
The FBI has said he victimized “thousands” over at least 18 years, many likely undocumented, non-English speakers. The FBI is trying to identify other possible victims of Zamora-Quezada and his co-conspirators. Anyone who was a patient of Zamora-Quezada’s from 2000 through May 2018 and believes they may have been affected by his or his co-conspirators alleged crimes, can contact the FBI at 1-833-432-4873, option 8, or email the task force at [email protected].
Officials said they aren’t concerned about the immigration status of victims and that they won’t be asked to testify if they don’t want to. (LINK)—5/29/2018
MEDICAL BOARD DISCIPLINARY ACTIONS
Action Date: 11/06/2011 Description: STATUS CLEARED 11/06/2011
Action Date: 11/12/2009 Description: ON NOVEMBER 12, 2009, THE FORMAL COMPLAINT WAS DISMISSED BY SOAH AS A RESULT OF THE AGREED ORDER DATED NOVEMBER 6, 2009.
Action Date: 11/06/2009 Description: ON NOVEMBER 6, 2009, THE BOARD AND DR. ZAMORA-QUEZADA ENTERED INTO AN AGREED ORDER OF PUBLIC REPRIMAND REQUIRING THAT HIS PRACTICE BE MONITORED FOR A PERIOD OF TWO YEARS; THAT WITHIN 90 DAYS HE HAVE AN INDEPENDENT AUDIT OF HIS BILLING PRACTICES; THAT WITHIN ONE YEAR HE OBTAIN 10 HOURS EACH OF CONTINUING MEDICAL EDUCATION IN MEDICAL RECORDKEEPING, ETHICS AND APPROPRIATE BILLING AND CODING; AND THAT WITHIN ONE YEAR HE PAY AN ADMINISTRATIVE PENALTY OF $30,000. THE ACTION WAS BASED ON DR. ZAMORA-QUEZADA’S ORDERING EXCESSIVE LABORATORY TESTS AND IMAGING STUDIES FOR MULTIPLE PATIENTS WITHOUT ADEQUATE JUSTIFICATION OR DOCUMENTATION.
Action Date: 10/28/2008 Description: ON OCTOBER 28, 2008, A FORMAL COMPLAINT WAS FILED BY THE BOARD. SOAH DOCKET 503-09-0928
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