A Board Certified Obstetrician and Gynecologist (OB/GYN) has entered into a civil settlement agreement with the United States and New York State that will defer and possibly avoid any prosecution under criminal statutes.
Haroutyoun Margossian, the OB/GYN, signed the agreement on behalf of himself and his practice, NY Urogynecology & Reconstructive Pelvic Surgery, P.C. The agreement resolves an investigation under the federal and state False Claims Acts involving allegations that, in contravention of Medicare and Medicaid regulations, the OB/GYN employed an unlicensed and often unsupervised staff to treat women suffering from urinary incontinence.
The OB/GYN will pay a total of $8,047,291.06. He will also be charged criminally with making false statements to Medicare, but the government will defer prosecution of the criminal charge.
The deferred prosecution agreement requires the OB/GYN to install an independent billing monitor for his practice and to pay the $8 million civil settlement amount. If the OB/GYN complies with all the terms of the deferred prosecution agreement for two years, the government will seek dismissal of the criminal charge.
This case highlights the importance of retaining an experienced Medicare and Medicaid fraud defense attorney early in an investigation. By engaging with government investigators and prosecutors before any charges are filed, an experienced defense attorney can often avoid criminal charges or minimize their severity.
John Howley, Esq.