Case Result: Michigan Physician Acquitted of Health Care Fraud

Case:
United States of America v. Bothra, et al, 2:18-cr-20800

Venue:
U.S. District Court, Eastern District of Michigan, Southern Division

Professional:
Pain Management Specialist

Primary Issue:
Our client was one of six Michigan pain management physicians indicted for an alleged conspiracy to defraud insurance providers – such as Medicare; Medicaid; and Blue Cross Blue Shield – for more than 450 million dollars. The Government claimed the physicians achieved this by issuing more than 13 million doses of Schedule II opioids to their patients, forcing the patients to return for costly back injections.

The counts our client was facing included Health Care Fraud Conspiracy (18 U.S.C. § 1349); Health Care Fraud, Aiding and Abetting (18 U.S.C. § 1347, 2); Conspiracy to Distribute and Possession with Intent to Distribute Controlled Substance (21 U.S.C. § 846, 21 U.S.C. § 841(a)(1)); and Unlawful Distribution of Controlled Substances, Aiding and Abetting (21 U.S.C. § 841(a)(1), 18 U.S.C. § 2).

While two of the indicted physicians took plea deals, four remained ready to fight against the Government’s allegations.

Argument:
Over the seven-week trial, Ronald W. Chapman, II, LL.M., the chair of our White Collar Defense and Government Investigations Practice did not back down from the Government.

We prepared for the trial utilizing statistical sampling and by leveraging our network of expert witnesses to provide the jury a full picture of the practice and the conduct of our client. When it came to the Government’s expert witness, we argued that his review of merely six patient charts was inappropriate, as a valid statistical sample is required by Medicare to prove if a program is fraudulent. We also identified the Government’s lack of a thorough patient population analysis and showed that they simply “cherry picked” charts to create a false narrative.

Our client, along with another one of the defendants, willingly took the stand. They testified that they gave their patients legitimate care and that there was medical necessity for everything provided.

Results:
Following the seven-week trial, the jury only deliberated for approximately ten hours before acquitting the four physicians on all counts.

Area of Law:
Pain Management Criminal Defense
Health Care Fraud Defense in Detroit
Medicare Fraud Defense
Medicaid Fraud Defense
Unlawful Prescribing or Dispensing (Michigan)

Disclaimer: This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.