Original Story: detroitnews.com
Geraldine Parkin will face cancer doctor Farid Fata in Detroit federal court on Monday morning, as she and 24 other victims or family members of victims prepare to make statements as part of the cancer doctor's sentencing hearing. A Detroit health care lawyer has experience with multiple industry types and implications of detrimental health care practices or incidents.
"For me, I want the pleasure of looking him in the eye," says Parkin, who says her husband, Tim Parkin, is largely disabled as a result of his treatment. Fata once looked into her eyes and those of her adult children, insisting that her husband needed chemotherapy. Now she is ready to respond.
"I want to say to him, 'You gave us a life of the unknown, of misery, and now you're going to have a life behind bars.' "
The hearing, which is expected to last all week, likely will conclude with Judge Paul D. Borman sentencing Fata, who faces life in prison for his crimes. About 150 victims filed victim impact statements with the court. A Detroit medical malpractice lawyer is following this story closely.
Fata's north Oakland County cancer treatment empire collapsed after his arrest two years ago. He pleaded guilty to 16 counts of fraud in September.
But fraud doesn't accurately describe Fata's crimes, victims and former associates say, and victims are being allowed to speak in open court. While that's common in other kinds of criminal trials, it's unusual in a sentencing proceeding for victims of Medicare fraud.
In this case, though, some of Fata's patients were given chemotherapy treatments, some for years, after false or inflated cancer diagnoses by Fata. Many others were treated, and billed for, drugs on schedules designed for profitability rather than therapeutic value. The government has estimated there are at leat 550 people who were victimized by the doctor.
"Whether they were cancer or non-cancer patients, solid tumor or liquid, Fata did not discriminate: his ultimate goal was to maximize his profit on the backs of his patients," federal prosecutors argued in a sentencing memorandum.
Fata has been compared by government lawyers to financial fraudster Bernard Madoff for the brazen scope of his crimes and his willingness to prey on those who trusted him. At least two expert medical witnesses for the government are scheduled to testify during the sentencing hearing. An expert for the defense who reviewed some of Fata's cases defended the treatment of 17 out of 20 cases — but could not defend the rest. A Detroit negligence lawyer is experienced in the effective resolution of negligence lawsuits as related to improper care or practice in a professional setting.
About 40 members of the victims' group are traveling to the courthouse in a chartered bus, wearing special T-shirts and buttons emblazoned with the slogan "Army of One," united in their quest for justice and their shared experience. Speakers are allotted 10 minutes each to make their statements.
But beyond the hearing, complex issues of compensation for the victims remain. About 40 lawsuits are pending in Oakland County Circuit Court. Borman will hold a restitution hearing at least 90 days after Fata's sentencing to adjudicate the distribution of assets. The government has claimed Medicare is owed $34 million.
In addition to Medicare and former patients, private insurance companies, including Blue Cross/Blue Shield of Michigan, and a former employee turned whistle-blower have a financial stake in the outcome.
Compensation even for the most devastated victims is not clear-cut. Some couldn't file lawsuits because the statute of limitations had expired by the time Fata was arrested, says Donna MacKenzie, of Olsman Mueller Wallace & MacKenzie, a Ferndale law firm handling 13 cases against Fata and his practice. Many others who were harmed were turned away, for various reasons, because of the cost of litigating their claims.
Brian McKeen, who represents other former patients, says Fata's practice was "drastically under-insured" for a total of $3.6 million. Victims say they've been told the government has recovered about $10 million in assets.
"I'm on a mission to make the public realize how heavily the justice system is skewed toward providers and against the plaintiffs, the victims," he said. "Nobody cares about victim's rights until they become a victim."
Fata's arrest was triggered two years ago, on August 2, 2013, when the clinic's practice business manager, George Karadsheh, notified the FBI of Fata's potential crimes. On Aug. 5, 2013, Karadsheh officially filed a so-called qui tam or whistle-blower lawsuit in federal court. The FBI then interviewed Dr. Soe Maunglay, an oncologist at the clinic who had reported his concerns to Karadsheh. Fata was arrested the following morning.
Karadsheh's identity became public June 10, when a Detroit News article named him as the Fata practice insider who first called the FBI. The government subsequently unsealed the lawsuit.
"I've handled a lot of Medicare fraud but this is unspeakable," says David Haron, Karadsheh's lawyer. "Mr. Karadsheh has incredible concern for the patients. He lost his job but they lost so much more."
Parkin, the wife of a victim, knows her family will never regain what they have lost. "For us, the hearing is important because we don't want this to go down in history as fraud," she says. "We want it to go down as murder."
Showing posts with label Medicare Fraud. Show all posts
Showing posts with label Medicare Fraud. Show all posts
19 June 2015
DETROIT AREA DOCTOR COULD FORFEIT COIN TROVE WORTH MILLIONS IN FRAUD CASE
Original Story: detroitnews.com
A West Bloomfield neurologist who reaped millions by allegedly cheating Medicare spent more than $9.3 million on baseball cards, ancient coins, collectable currency and stamps — a rare collection he could soon lose to the government. A medical malpractice lawyer is reviewing the details of this case.
Dr. Gavin Awerbuch amassed the collection — including coins from ancient Rome — using cash generated by an alleged five-year crime wave, according to federal court records that offer rare insight into the secretive world of coin collecting. At the upper end, the world is filled with hobbyists who, due to security concerns, protect the scope and value of their prized possessions.
Awerbuch's case shows a unique twist on a growing trend of health care professionals nationwide accused of spending money from fraudulent activities on valuable possessions, including homes and automobiles.
"This flabbergasts me. I never knew that his firepower extended that far," said Metro Detroit currency dealer Frederick Bart, who sold the doctor $360,225 worth of collectable currency printed before 1928. "He didn't have a target on his back where you thought 'here comes moneybags.' "
Federal prosecutors want the collection — experts say it could be among the richest in Michigan — forfeited to the government, along with $2.9 million in cash and a million-dollar Arizona vacation home.
Awerbuch, 57, is free on $10,000 unsecured bond. If convicted, he faces 10 years or more in federal prison. A preliminary exam has been set for June 29.
Though court records do not specify exactly which collectible items Awerbuch purchased, the extent of his coin collection is emerging more than one year after he was charged with health care fraud and distribution of controlled substances. A Medicaid and Medicare lawyer is following this story closely.
He was accused of defrauding Medicare of $7 million and prescribing so much of the cancer painkiller Subsys that he was the top dispenser in the country, according to the U.S. Attorney's Office.
Awerbuch's defense lawyer, Mark Kriger, declined comment.
Newly filed court records show how Awerbuch spent money generated by allegedly fraudulent activity.
"(Sizable) purchases were made with dealers of rare and collectible coins, as well as dealers of other types of collectible items," Assistant U.S. Attorney Jonathan Grey wrote in a court filing. "These assets were purchased, at least in part, with criminally derived proceeds commingled in Awerbuch's various accounts." A Detroit insurance defense lawyer represents insurers in insurance fraud cases.
From 2008 through 2013, Awerbuch spent $9,343,527 at more than a dozen coin and collectible dealers in Michigan and across the country, according to court records.
The bulk, $7 million, was spent at Kagin's Inc. The California firm deals in rare coins, such as a pioneer gold coin for $999,999 and the first coin struck in North America, a shilling priced at $299,500.
"He was a good client," company President Donald Kagin told The News this week. "Over the years, we've had good transactions with him with different types of coins."
Kagin would not reveal what Awerbuch bought from his store, citing client confidentiality.
The collectibles Awerbuch purchased were spread across several locations. Federal agents struck gold — literally — during searches at several locations.
Investigators found gold and silver coins at his medical office in Saginaw, along with Roman coins honoring Emperors Titus and Claudius.
"If they are in nice condition, those can go for many thousands of dollars, and do," said Thomas Klunzinger, who serves on the board of the Michigan State Numismatic Society, which encourages and promotes the study and collection of currency. "Every dye was different. If you have a Roman coin, maybe it was highlighting some battle or commemorating a victory. Those (coins) were the media of the day."
Investigators also found a coin from ancient Judea, according to a search warrant inventory.
At his $1.1 million West Bloomfield home overlooking Upper Straits Lake, investigators found boxes of coins, stamps and Costa Rican currency, prosecutors allege.
Awerbuch stashed more coins, collectible currency, baseball cards, jewelry and stamps in at least 16 safe deposit boxes at PNC and Fifth Third banks, according to court records.
On Thursday, federal prosecutors asked a judge to have the coins and collectibles forfeited to the government, alleging the items were purchased with proceeds of a crime.
Federal prosecutors have not itemized the individual pieces of Awerbuch's collection.
Just a few coins could be worth millions, said Julianna Wostyn, president of the Michigan State Numismatic Society.
"You can spend a horrendous amount of money, and it doesn't have to be gold," she said. "When you're talking paper money, in the last 10 years, paper money has skyrocketed."
She has never heard of Awerbuch or met him at area conventions.
"People don't want to make themselves known," she said. "Number one: They don't want to be knocked over. I won't say they look homeless, but coin collectors are not flashy people and do not go about bragging about themselves."
Besides the coins, prosecutors want to keep almost $3 million seized from Awerbuch's bank accounts.
The money includes $622,800 seized after Awerbuch sold his home in July 2014.
Prosecutors also want the doctor to forfeit his home in the Arizona desert, saying it was purchased with money generated by health care fraud and unlawfully distributing prescription drugs. An insurance defense lawyer represents insurance companies in disputes and fraud cases.
His ex-wife is fighting the request, saying she is the innocent owner of the 4,700-square-foot home, which has a putting green, wine room, outdoor pool and waterfall.
Awerbuch bought the home two years ago for $940,000, according to court records.
He paid cash.
A West Bloomfield neurologist who reaped millions by allegedly cheating Medicare spent more than $9.3 million on baseball cards, ancient coins, collectable currency and stamps — a rare collection he could soon lose to the government. A medical malpractice lawyer is reviewing the details of this case.
Dr. Gavin Awerbuch amassed the collection — including coins from ancient Rome — using cash generated by an alleged five-year crime wave, according to federal court records that offer rare insight into the secretive world of coin collecting. At the upper end, the world is filled with hobbyists who, due to security concerns, protect the scope and value of their prized possessions.
Awerbuch's case shows a unique twist on a growing trend of health care professionals nationwide accused of spending money from fraudulent activities on valuable possessions, including homes and automobiles.
"This flabbergasts me. I never knew that his firepower extended that far," said Metro Detroit currency dealer Frederick Bart, who sold the doctor $360,225 worth of collectable currency printed before 1928. "He didn't have a target on his back where you thought 'here comes moneybags.' "
Federal prosecutors want the collection — experts say it could be among the richest in Michigan — forfeited to the government, along with $2.9 million in cash and a million-dollar Arizona vacation home.
Awerbuch, 57, is free on $10,000 unsecured bond. If convicted, he faces 10 years or more in federal prison. A preliminary exam has been set for June 29.
Though court records do not specify exactly which collectible items Awerbuch purchased, the extent of his coin collection is emerging more than one year after he was charged with health care fraud and distribution of controlled substances. A Medicaid and Medicare lawyer is following this story closely.
He was accused of defrauding Medicare of $7 million and prescribing so much of the cancer painkiller Subsys that he was the top dispenser in the country, according to the U.S. Attorney's Office.
Awerbuch's defense lawyer, Mark Kriger, declined comment.
Newly filed court records show how Awerbuch spent money generated by allegedly fraudulent activity.
"(Sizable) purchases were made with dealers of rare and collectible coins, as well as dealers of other types of collectible items," Assistant U.S. Attorney Jonathan Grey wrote in a court filing. "These assets were purchased, at least in part, with criminally derived proceeds commingled in Awerbuch's various accounts." A Detroit insurance defense lawyer represents insurers in insurance fraud cases.
From 2008 through 2013, Awerbuch spent $9,343,527 at more than a dozen coin and collectible dealers in Michigan and across the country, according to court records.
The bulk, $7 million, was spent at Kagin's Inc. The California firm deals in rare coins, such as a pioneer gold coin for $999,999 and the first coin struck in North America, a shilling priced at $299,500.
"He was a good client," company President Donald Kagin told The News this week. "Over the years, we've had good transactions with him with different types of coins."
Kagin would not reveal what Awerbuch bought from his store, citing client confidentiality.
The collectibles Awerbuch purchased were spread across several locations. Federal agents struck gold — literally — during searches at several locations.
Investigators found gold and silver coins at his medical office in Saginaw, along with Roman coins honoring Emperors Titus and Claudius.
"If they are in nice condition, those can go for many thousands of dollars, and do," said Thomas Klunzinger, who serves on the board of the Michigan State Numismatic Society, which encourages and promotes the study and collection of currency. "Every dye was different. If you have a Roman coin, maybe it was highlighting some battle or commemorating a victory. Those (coins) were the media of the day."
Investigators also found a coin from ancient Judea, according to a search warrant inventory.
At his $1.1 million West Bloomfield home overlooking Upper Straits Lake, investigators found boxes of coins, stamps and Costa Rican currency, prosecutors allege.
Awerbuch stashed more coins, collectible currency, baseball cards, jewelry and stamps in at least 16 safe deposit boxes at PNC and Fifth Third banks, according to court records.
On Thursday, federal prosecutors asked a judge to have the coins and collectibles forfeited to the government, alleging the items were purchased with proceeds of a crime.
Federal prosecutors have not itemized the individual pieces of Awerbuch's collection.
Just a few coins could be worth millions, said Julianna Wostyn, president of the Michigan State Numismatic Society.
"You can spend a horrendous amount of money, and it doesn't have to be gold," she said. "When you're talking paper money, in the last 10 years, paper money has skyrocketed."
She has never heard of Awerbuch or met him at area conventions.
"People don't want to make themselves known," she said. "Number one: They don't want to be knocked over. I won't say they look homeless, but coin collectors are not flashy people and do not go about bragging about themselves."
Besides the coins, prosecutors want to keep almost $3 million seized from Awerbuch's bank accounts.
The money includes $622,800 seized after Awerbuch sold his home in July 2014.
Prosecutors also want the doctor to forfeit his home in the Arizona desert, saying it was purchased with money generated by health care fraud and unlawfully distributing prescription drugs. An insurance defense lawyer represents insurance companies in disputes and fraud cases.
His ex-wife is fighting the request, saying she is the innocent owner of the 4,700-square-foot home, which has a putting green, wine room, outdoor pool and waterfall.
Awerbuch bought the home two years ago for $940,000, according to court records.
He paid cash.
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