By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On March 9, 2018, Dr. Salomon Melgen, a Florida ophthalmologist, asked for bond pending the appeal of his conviction on charges of Medicare fraud. The eye doctor claimed he should get a new trial because of new evidence that has emerged since his trial. This caught everyone by surprise! No one would have ever guessed.
The ophthalmologist was sentenced to 17 years in prison and ordered to repay the nearly $42.6 million he overbilled Medicare. New evidence that emerged during his sentencing and during the 2017 trial against U.S. Sen. Robert Menendez warrants a new trial, according to the ophthalmologist. You can read about his bribery case involving Menendez here.
Eyeballing the Crimes.
A jury convicted the doctor in April 2017, on all 76 counts of an indictment charging him with receiving millions in improper Medicare payments. He was also convicted for unnecessary eye injections, laser procedures and for illegally dividing vials of the drug Lucentis into multiple doses.
He recently escaped charges as a co-defendant in a New Jersey-based bribery case alongside Menendez in a high profile suit. Federal prosecutors had alleged in that case that Menendez accepted bribes from him in exchange for trying to influence executive branch officials on the doctor’s behalf.
Click here to read my prior blog on this suit and learn more.
In November 2016, a judge declared a mistrial after jurors said they were deadlocked on all charges. On January 17, the judge granted Menendez and Dr. Melgen acquittal on seven of the 18 counts in the indictment.
The ophthalmologist asked for the court to set bond while he appeals the conviction and sentence and says the appeal is likely to result in reversal, a new trial or a reduced sentence. Unless the bond is set exceptionally high, like over $42.6 million, the doctor will probably post it and get released pending the outcome of his appeal.
Click here to read the motion for bond pending appeal and motion for a new trial in full.
He may be able to succeed on the legal theory of “I should be treated like a U.S. senator” (an equal protection argument?)!
Don’t Wait Until It’s Too Late; Consult with a Health Law Attorney Experienced in Medicare Issues Now.
The attorneys of The Health Law Firm routinely represent ophthalmologists and other physicians. They represent healthcare providers, individual s and facilities, especially ophthalmologists and optometrists in Medicare audits, ZPIC audits, RAC audits and health insurance audits, and repayment demands, throughout Florida and across the U.S. They also represent physicians, medical groups, nursing homes, home health agencies, pharmacies, hospitals and other healthcare providers and institutions in Medicare and Medicaid investigations, audits, recovery actions and termination from the Medicare or Medicaid Program, civil litigation, administrative litigation. Have a qui tam, false claims act or whistle blower case, we can help, whether on the defense side or on the whistle blower’s side.
For more information please visit our website at www.TheHealthLawFirm.com or call (407) 331-6620.
Bolado, Carolina. “Eye Doc Convicted Of Medicare Fraud Wants Bond, New Trial.” Law360. (March 9, 2018). Web.
Musgrave, Jane. “Eye doc Melgen guilty in one of nation’s biggest Medicare fraud cases.” Palm Beach Post. (April 28, 2017). Web.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm. The Health Law Firm has a national practice. Visit our website at: www.TheHealthLawFirm.com . The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, FL 32714, Telephone: (407) 331-6620.
KeyWords: Medicare billing defense representation, Medicare fraud defense attorney, improper billing representation, representation for submitting false claims, False Claims Act (FCA) attorney, False Claims Act (FCA) defense attorney, Centers for Medicare & Medicaid Services (CMS) audit repayment defense attorney, CMS audit defense lawyer, (CMS) audit defense legal counsel, Medicare repayment defense attorney legal counsel, representation for Medicare investigations, Medicare audit representation, Medicare audit defense attorney, Medicare compliance representation, Medicare defense lawyer, false claims defense lawyer, health care fraud defense lawyer, ophthalmologist attorney, representation for ophthalmologists, ophthalmologist defense attorney, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, Medicare fraud defense legal counsel, Medicare fraud defense lawyer, appeals of Medicare audit overpayment demands, Zone Program Integrity Contractor (ZPIC) audit defense attorney, Zone Program Integrity Contractor (ZPIC) audit defense lawyer, Zone Program Integrity Contractor (ZPIC) audit defense legal counsel, Zone Program Integrity Contractor (ZPIC) investigation defense attorney, Zone Program Integrity Contractor (ZPIC) investigation defense lawyer, Zone Program Integrity Contractor (ZPIC) invetsigation defense legal counsel
“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.