Two Youngstown Based Doctors Charged with Health Care Fraud and Kickback Conspiracies; 3rd Doctor Indicted by a Bill of Information

Two Youngstown Based Doctors Charged with Health Care Fraud and Kickback Conspiracies; 3rd Doctor Indicted by a Bill of Information

On 1st February 2021, Bridget M. Brennan, Acting United States Attorney, reported that a grand jury sitting in Cleveland, Ohio submitted an eleven-charge indictment indicting Samir Wahib, from Canfield, age 53, and Joni Canby, from Poland, age 62, for their participation and roles in a conspiracy to defraud the Medicaid and Medicare programs and receive payment for medically unnecessary testing.

Michelle Kapon, from Youngstown, age 41, was also mentioned in the charge but indicted distinctly in a bill of information for scheming with Samir Wahib and Joni Canby to receive kickbacks from Samir Wahib.

Bridget M. Brennan, Acting United States Attorney, stated that these accused people are doctors accused of arranging a conspiracy to defraud a government-funded health care program designed to help vulnerable Americans. Acting U.S. Attorney Brennan further noted that their purported conduct, which comprised kickbacks and medically pointless testing, was intended specifically to line their pockets. Acting U.S. Attorney Brennan concluded his statement by saying that they are indebted with the hard work and efforts of the investigating agencies who, like them, are devoted to bringing accusations of fraud and illicit kickbacks before the Court.

Special Agent Lamont Pugh III in Charge at the U.S. Health & Human Services Department, Office of Inspector General – Chicago Region stated that the reimbursement of kickbacks is a corrupt and unlawful practice that improperly influences a person’s or entity’s capacity to come up with unethical decisions, which is of particular disquietude in the health care field. Special Agent Lamont Pugh III further noted that kickbacks could lead to the overuse of diagnostic testing and other services that eventually result in an increase in program expenses, misuse of valuable tax-payer funds, and can subject patients to medically needless services. Special Agent Lamont Pugh III assured that the Office of the Inspector General would continue to collaborate with their law enforcement partners to make sure that those individuals or entities who decide to take part in this kind of practice are held liable.

Special Agent Eric B. Smith in Charge of the FBI, stated that these physicians conspired and swindled a government-funded program that supports individuals in acquiring necessary healthcare. Special Agent Eric B. Smith further added that Health Care fraud is a concern to everyone; the nation’s tax cash must be used responsibly, not to enrich gluttonous doctors. Special Agent Eric B. Smith assured that the FBI would relentlessly continue to collaborate with its partners to ensure health care fraud is eradicated and those liable are held answerable.

Dave Yost, Ohio Attorney General, stated that exposing patients to medically pointless tests is wrong medication.  Attorney General Yost further noted that defrauding taxpayer-funded health care programs is a criminal act, and the Attorney General’s office, together with its federal law enforcement partners, will hold these individuals accountable.

The charge charges accused Samir Wahib and Joni Canby of scheming with Michelle Kapon to seek, obtain, give and pay kickbacks in association with a federal health care system, and it indicts Samir Wahib and Joni Canby with scheming to carry out health care fraud. Accused person Samir Wahib is further indicted for the interference of a criminal inquiry of federal health care crimes and four other charges of reimbursing kickbacks in relation to a federal health care program. The accused, Joni Canby, is indicted with two additional charges of receiving kickbacks in relation to a federal health care system.

At the time of the accusations, Samir Wahib was an Osteopathic Medicine doctor and a gynecological and obstetrics specialist; Joni Canby was an Osteopathic Medicine physician and a gynecological and obstetrics specialist, and Michelle Kapon was a Medicine Doctor.  All three doctors were certified in the State of Ohio and carried out medicine in the Youngstown locale.

As per the indictment, Samir Wahib is indicted for scheming, from March 2014 to January 2017, to reimburse kickbacks to Joni Canby and Michelle Kapon to persuade them to order chlamydia and gonorrhea testing to be conducted by Samir Wahib on specimens of Joni Canby’s and Michelle Kapon’s patients. Samir Wahib purportedly then charged and was reimbursed by the United States for this testing.  Samir Wahib and Joni Canby are further indicted for scheming, via this conspiracy, to test Joni Canby’s and Samir Wahib’s patients when it was medically pointless to do so.

The charge purports that Samir Wahib reimbursed Joni Canby and Michelle Kapon per each specimen that they delivered to him for testing. Samir Wahib would later submit submissions for payment via the Medicare and Medicaid programs. Additionally, Samir Wahib purportedly offered Michelle Kapon, who was not an Osteopathic Medicine physician and a gynecological and obstetrics specialist, with payment in kind in the form of supervision of her Osteopathic Medicine physician and a gynecological and an obstetrics treatment of patients at a Youngstown-based hospital.

Samir Wahib purportedly reimbursed kickbacks via checks drawn on his business checking account, which he tried to conceal as “doctor coverage” by writing this on the checks’ memo line. Samir Wahib wanted to make these checks look like they were reimbursement for Joni Canby and Michelle Kapon, having treated Samir Wahib’s patients once he was absent.  The charge also states that worker and kin of Samir Wahib, working on Wahib’s behalf, offered Joni Canby and Michelle Kapon with the necessary materials to collect and retrieve the specimens. That worker would further retrieve the specimens from Joni Canby’s and Michelle Kapon’s offices and carry out testing of the specimens on a specialized machine at Samir Wahib’s medical office.

A charge is just an allegation and is not guilt evidence.  An accused person is entitled to a fair trial and hearing where the government has to prove their guilt beyond a reasonable doubt.

If sentenced, the defendant’s conviction will be passed by the Court upon review of factors unique to this matter, such as the accused person’s previous criminal record, if any, the accused person’s role in the crime, and the characteristics of the breach.

In every case, the conviction will not surpass the statutory maximum, and in many instances, it will be lower than the statutory maximum.

The United States Health & Human Services Department – Office of Inspector General, the Ohio Attorney General’s Office Healthcare Fraud Section, and the FBI conducted the investigation leading to this indictment. Assistant United States Attorney Brendan O’Shea and Special Assistant United States Attorney Jonathan Metzler of the Ohio AG’s Office are handling the case’s prosecution.

Breaking the Controlled Substance Act, the Anti-Kickback Statute, or conspiring to commit health care fraud by defrauding federally-funded health care programs such as Medicaid, TRICARE, or Medicare programs is a serious crime. Any individual who commits these crimes breaks the law and is severely punished or fined if found guilty of the accusations. When indicted for these crimes, you must seek the best legal representation or assistance to protect and pursue your rights. Hire our team of top-rated and qualified defense and criminal attorneys if you want the finest legal representation and advice, which will lead to achieving positive results for your matter. At Health Care Fraud Group, we comprise a highly experienced team of lawyers with many years of experience in dealing with Health Care Fraud related cases related to the Federal Health Care Program; they are very knowledgeable about civil and federal cases. The defense lawyers are well recognized across the United States because of their excellent work and professionalism when handling and dealing with health care fraud cases and investigations. They are well-equipped with previous knowledge of every aspect of Health Care fraud defense, medical, and legal matters.

Our offices are always open, and we are well-prepared and ready to commence your defense immediately. We are the most sought-after law firm because we are recurrently updating our practices and knowledge in order to act swiftly in your matter without the need for constant legal consultations. We offer a safe and quick evaluation of your matter and act swiftly to collect, acquire, and assemble the necessary and key particulars about your case in the government’s investigations. When hired, we will assist you and your team to come up with the best and right decision. Our highly proficient team of attorneys will support and guide you when necessary in anything you may need to know and train your team to effectively support your criminal defense; because there are many crucial mistakes, you should avoid facing a health care fraud investigation. Also, we will offer you and your team with detailed legal assistance and defense in cases and investigations that are in charge and even those in other institutions or firms that cover the IRS and the FBI, and investigations and matters that are under the jurisdiction of the CMS, OIG, DHHS, DOJ, and DEA. Besides, we will investigate potential health care fraud and help keep both you and your career safe. Our highly qualified attorneys at the Health Care Fraud Group are conversant and clearly understand the need to prove innocence after the accusation of any crime. For any legal representation, advice, or help you may need, contact us at 888-402-4054.

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