FKSA Achieves Significant Sentencing Variance in Health Care Fraud Case
On September 6, 2013, FKSA obtained a significant sentencing variance in a major health care fraud case in the United States District Court for the Southern District of New York. FKSA represented a physician who was convicted of participating in a health care fraud conspiracy that had resulted in a stipulated amount of $2.5 to $7 million in losses to insurance carriers.
At the sentencing hearing, the United States Attorney's Office for the Southern District of New York sought a sentence of 57 to 71 months' imprisonment. FKSA, however, argued that a sentencing variance was warranted in this case based on the nature of the offense and the characteristics of the defendant and sought an alternative, non-incarceratory sentence. The Court sentenced the physician to five years' probation, six months' home confinement, and 1,000 hours of community service. Restitution and forfeiture orders were also imposed.