Doctor Bribed With Concert Tickets

New York doctor Bret Ostrager accepted cash bribes to direct business to Biodiagnostic Laboratory Services, a New Jersey blood lab, from February 2011 to April 2013. He accepted monthly bribes of around $3,300. Authorities have said that he also accepted thousands of dollars in meals, concert tickets, and sporting events tickets. In return, Ostrager referred his patient's blood samples to the blood lab generated around $900,000 in business to the lab.

Ostrager was charged with violating New Jersey's anti-kickback laws. 38 other people, including 26 doctors, have plead guilty in connection to the bribery. Organizers of the scheme have admitted to receiving more than $100 million in payments to the lab from Medicare and other private insurers.The investigation recovered more than $11.5 through forfeiture.

He faces up to 5 years in prison if he is convicted.

Comments from Allen:  
Referrals are the lifeblood of many businesses, particularly among professionals.  When one person refers business to someone in exchange for money or gifts of considerable value, that's a kickback.

The key to a prosecution is being able to prove an agreement in advance to pay for the referral.

There is generally never a paper trail, so the proof is in circumstantial evidence, or it comes from someone involved in the scheme who decides to testify against someone else involved.

A forfeiture happens when a criminal defendant is caught with the ill-gotten goods (payments for medical testing here) and has to turn that money over to the government. The government has to trace that money to the illegal transaction.  In drug forfeiture cases, the burden of proof is much easier for the government than in Dr. Ostrager's case: money can be seized if it just happens to be in the vicinity of the place a drug transaction occurred.

The odd thing about this story is that, unlike the usual story in which one person might have a kickback relationship with one business, there were 38 people involved in this scheme. In my experience, this level of complicity does not normally happen outside of large illegal drug conspiracies.  My guess is that the lab solicited the cooperation of the doctors, and managed to convince 26 doctors to cooperate in one fashion or another.

When there are many co-conspirators, if one gets caught, that one person can be convinced to bring down the entire operation in exchange for leniency.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.   
Sources for more information:
http://bigstory.ap.org/article/097a9707452c4fe892001e83ae7b4e24/feds-blood-lab-bribed-doctor-justin-bieber-tickets

http://www.cbsnews.com/news/feds-new-jersey-doctor-accepted-justin-bieber-katy-perry-tickets-as-bribes/

http://www.nj.com/news/index.ssf/2015/08/doctor_bribed_with_tickets_to_katy_perry_justin_bi.html

http://www.reuters.com/article/2015/08/12/health-bribes-idUSL1N10N3DB20150812

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