A Sanction With Teeth

The two-year suspension of a dentist for his involvement in a criminal scheme was affirmed by the New York Appellate Division for the Third Judicial Department.

The court rejected the suggestion that the sanction imposed by the Board of Regents should be reduced

Here, the Board expressly took into consideration many of the mitigating factors upon which petitioner now relies, including petitioner’s cooperation with the Attorney General and his demonstrated remorse, as well as the fact that his conduct did not directly implicate patient care, that he did not submit claims for work not actually performed, that he was not convicted of larceny or fraud, that he is paying restitution in an amount greater than many of his codefendants and that his misconduct consisted solely of an illegal fee-splitting arrangement and “making small improper payments to patients.” Although petitioner testified – and continues to emphasize – that he was unaware that such activities were criminal in nature, he readily acknowledged at the hearing that he was aware that “flyer guys” were retained to “lure” Medicaid patients into the clinic’s practice (often by utilizing small cash payments) and that he knew that this activity “was wrong” and did not “seem[] kosher.” Nonetheless, petitioner turned a blind eye to this activity for approximately four years, during which time he reaped the financial benefits of being employed at the clinic. In light of petitioner’s misconduct, and taking into consideration the mitigating factors cited by petitioner, the gravity of the underlying offense and the need to fashion a penalty that serves as a deterrent to other health professionals, we cannot say that the two-year suspension imposed by the Board is so disproportionate to petitioner’s offense as to shock one’s sense of fairness.

(Mike Frisch)