Dr. Farid Fata to be Sentenced for Misdiagnosing Patients
Over 500 cancer patients seen by Dr. Farid Fata were given unnecessary or extensive treatments to fraudulently bill insurers and collect profits. Fata scammed the government of at least $34 million. He gave chemo therapy to people who didn't need it and over prescribed drugs to patients. There were over 9,000 unnecessary injections administrated. The government has identified over 550 people that have been identified as victims. Prosecutors received over 150 victim impact statements.
One of the drugs Fata over used was Rituximab which can weaken the immune system. It can be used 8-24 times to treat lymphoma. One patient got it 94 times, and another patient got it 76 times. One patient received five years of chemotherapy, and the standard treatment was six months.
Fata plead guilty to 13 counts of healthcare fraud, 2 counts of money laundering, and conspiracy to pay or receive kickbacks last September.
Fata's sentencing hearing is expected to last several days while experts and former patients testify. The government is seeking a sentence of 175 years(life) in prison. Fata's defense attorneys are hoping for no more than 25 years.
Comments from Allen:
This case has, of course, personal injury and criminal aspects of it. This doctor has 150-500 people who may want to sue him for medical malpractice; his carrier is on the hook for untold millions in damages. Because this doctor has medical malpractice insurance (that should cover every victim in this case), it does not matter that he may never get out of a federal prison to pay his victims.
As to the criminal aspect: This is a federal prosecution, governed somewhat by the Federal Sentencing Guidelines. I say "somewhat" because the US Supreme Court has held the Federal Sentencing Guidelines are not mandatory; as a practical matter, however, federal judges all treat them as though they are mandatory. Each victim essentially adds time to the sentence, so it is not surprising the government is seeking a 175 year sentence when there are 150 victims which have prepared impact statements. The government prepares a "sentencing brief" which informs the defense how much time it is requesting as a sentence, and the basis for that sentencing.
After the government prepares and serves its sentencing brief, the defense attorney prepares a sentencing brief arguing reasons the government's recommendation should not be followed, and pointing out areas in which the Federal Sentencing Guidelines are lenient and allow for variance from a strict imposition of long sentences.
Criminal defense is an area of law in which the definition of "success" and "victory" change from case to case. In this case, a 25 year prison sentence would constitute a successful defense. In other contexts, a weekend in jail could be seen as a failure. I mention this because I have been asked "how many of your cases did you win?" If the evidence is not there, no one is going to "win" a jury trial; however, if the death penalty is an option and the evidence is stacked up solidly against the client, a life sentence may be a "victory."
Sources for more information:
http://www.courtchatter.com/#!Farid-Fata-who-pleaded-guilty-to-healthcare-fraud-money-laundering-and-conspiracy-due-in-court/c1oiw/559a6e9e0cf2088170457eb6
http://www.freep.com/story/news/local/2015/07/06/cancer-doctor-fata-sentencing/29760405/
http://www.wxyz.com/news/farid-fata-who-pleaded-guilty-to-healthcare-fraud-money-laundering-and-conspiracy-due-in-court
One of the drugs Fata over used was Rituximab which can weaken the immune system. It can be used 8-24 times to treat lymphoma. One patient got it 94 times, and another patient got it 76 times. One patient received five years of chemotherapy, and the standard treatment was six months.
Fata plead guilty to 13 counts of healthcare fraud, 2 counts of money laundering, and conspiracy to pay or receive kickbacks last September.
Fata's sentencing hearing is expected to last several days while experts and former patients testify. The government is seeking a sentence of 175 years(life) in prison. Fata's defense attorneys are hoping for no more than 25 years.
Comments from Allen:
This case has, of course, personal injury and criminal aspects of it. This doctor has 150-500 people who may want to sue him for medical malpractice; his carrier is on the hook for untold millions in damages. Because this doctor has medical malpractice insurance (that should cover every victim in this case), it does not matter that he may never get out of a federal prison to pay his victims.
As to the criminal aspect: This is a federal prosecution, governed somewhat by the Federal Sentencing Guidelines. I say "somewhat" because the US Supreme Court has held the Federal Sentencing Guidelines are not mandatory; as a practical matter, however, federal judges all treat them as though they are mandatory. Each victim essentially adds time to the sentence, so it is not surprising the government is seeking a 175 year sentence when there are 150 victims which have prepared impact statements. The government prepares a "sentencing brief" which informs the defense how much time it is requesting as a sentence, and the basis for that sentencing.
After the government prepares and serves its sentencing brief, the defense attorney prepares a sentencing brief arguing reasons the government's recommendation should not be followed, and pointing out areas in which the Federal Sentencing Guidelines are lenient and allow for variance from a strict imposition of long sentences.
Criminal defense is an area of law in which the definition of "success" and "victory" change from case to case. In this case, a 25 year prison sentence would constitute a successful defense. In other contexts, a weekend in jail could be seen as a failure. I mention this because I have been asked "how many of your cases did you win?" If the evidence is not there, no one is going to "win" a jury trial; however, if the death penalty is an option and the evidence is stacked up solidly against the client, a life sentence may be a "victory."
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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 work with 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, serious and disabling accidents, and wrongful death claims.
Idaho Falls attorney Allen Browning is an attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.Sources for more information:
http://www.courtchatter.com/#!Farid-Fata-who-pleaded-guilty-to-healthcare-fraud-money-laundering-and-conspiracy-due-in-court/c1oiw/559a6e9e0cf2088170457eb6
http://www.freep.com/story/news/local/2015/07/06/cancer-doctor-fata-sentencing/29760405/
http://www.wxyz.com/news/farid-fata-who-pleaded-guilty-to-healthcare-fraud-money-laundering-and-conspiracy-due-in-court
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