A 66-year-old Cleveland neurologist wrote more than 10,000 prescriptions for a drug that his patients did not need. In exchange, he and his co-defendants received lucrative kickbacks from Avanir Pharmaceuticals, the company that manufactures Nuedexta, a drug used to treat a neurological disorder called Pseudobulbar. The FBI arrested the doctors,... Read More »
Michigan Doctor Convicted in $100 Million Health Care Fraud Scheme
Michigan doctor Francisco Patino, 66, has been convicted on multiple counts of fraud after running a scheme that defrauded the healthcare system out of over 100 million dollars.
The Detroit area doctor was found guilty by a jury after evidence showed that Patino gave his patients opioids if they agreed to an inexpensive spinal injection. According to the Department of Justice, patients would either get the injection or be billed as if they had. The unnecessary medical procedures included facet joint or nerve block injections. During his trial, the prosecution put forward evidence that showed Patino often would withhold prescribing the opiates if the patient did not agree to go along with his scheme.
According to the indictment, between January 2012 and July 2017, Patino ranked as the leading doctor in the nation to bill Medicare for these types of injections. The DOJ also alleges that between 2016 and 2017, Patino was Michigan's highest-ranked doctor for prescribing 30 mg oxycodone pills. During this time, he wrote over 2.2 million prescriptions for highly addictive pills including oxycodone, oxymorphone, and fentanyl. According to the prosecution, many of the pills he prescribed would often end up in the hands of dealers to be sold on the street. The prosecution went on to explain that schemes like this were what helped fuel the opioid crisis that has ravaged parts of the United States the past decade.
In addition to bribing patients to take an unnecessary medical spinal injection in exchange for opioids, prosecutors also allege that Patino received illegal kickbacks from at least one diagnostic laboratory. The lab paid Patino a kickback fee for referring patients’ samples to that lab. Evidence presented at trial showed that the laboratory had different bank accounts on file in which they would pay the money out to Patino. Some bank accounts were held by other individuals, but money paid into those accounts was spent on behalf of Patino or was later funneled to Patino.
Patino used the illegal kickbacks and opioid prescription scheme to fund a lavish lifestyle. Prosecutors claim that Patino used at least $100,000 to help sponsor his mixed martial arts fighters and boxers. The money along with his fighters also helped to promote the doctor’s “Patino Diet” and his lifestyle and wellness book.
The former manager of Patino’s fighting team, Team Alpha Male, shared with local news outlet The Detroit News that he was unaware of the scheme and that he was paid simply to promote the Patino Diet and the doctor’s wellness and lifestyle book.
Patino’s lawyer has pushed back against the charges arguing that Patino was set up. His defense team contends that Patino’s prescription pads were stolen and were then used to make the excessive oxycodone prescriptions. His team pointed the finger at Patino’s former business partner, explaining the business partner is responsible for many of the charges.
Patino is set to be sentenced on January 20, 2022. His charges carry with them the maximum total penalty of life behind bars.
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