FKSA Achieves Significant Sentencing Variance in Health Care Fraud Case

September 6, 2013

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.

FKSA attorneys Eric Corngold, Mary E. Mulligan, and Pearline M. Hong represented the physician defendant at all stages of the proceedings.