Crime

Update:Oncologist Accused Of Poisoning Patients Remains Behind Bars For Now

August 09, 2013, 8:30 AM by  Allan Lengel

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Dr. Farid Fata/ photo from his website.

Update: Friday, 4:40 p.m. -- Dr. Farid Fata will remain in jail until at least Tuesday when a hearing will be held on his release. A Friday bond hearing was adjourned , the Detroit News reported.  The hearing was to determine if he had $170,000 in cash that wasn't earned through fraud. The U.S. District Court on Thursday had ordered him released, but U.S. District Judge Sean Cox was told that Fata does not have the $170,000 in cash, the News reported.

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Reduced to a drab olive green jail suit, Dr. Farid Fata, a slightly built oncologist who is worth millions, was fighting for his freedom on Thursday.

Charged with giving medically unnecessary treatments -- including chemotherapy -- and bilking Medicare, Fata's lawyer and a Justice Department prosecutor from Washington slugged it out at a detention hearing in federal court. The prosecution wanted him detained, saying he was a flight risk.

The gallery included his wife and some folks, who gave statements, claiming the doctor extended the painful lives of loved ones beyond what was reasonable, or killed them with excessive and medically unnecessary chemo.

The defense attorney Christopher Andreoff told the judge there were plenty of patients who were coming to his defense, calling him a good doctor.

By the end, U.S. Magistrate Judge David R. Grand ruled that Fata, 48, of Oakland Township, who is married and the father of three, could be released. But he ruled that he would have to post a $170,000 bond. He also would need to be under 24 hour house arrest, wear a tether and cease practicing medicine.

But after the ruling, Fata, who was arrested Tuesday, didn't go free.

Catherine K Dick, Assistant Chief of the Justice Department's Criminal Division, Fraud Section, objected to the release and appealed it to U.S. Magistrate Judge David Lawson, who immediately held a hearing. She claimed, that while the government had frozen millions in accounts, but  Dr. Fata still had access to $4 million, faced serious charges and had incentive to flee, possibly to his native Lebanon.

U.S. District Judge David Lawson upheld the release, but set a Friday hearing to determine if the doctor had legitimate funds -- not obtained through Medicare fraud -- to post a bond. A decision had been expected Friday, but the hearing was adjourned until Tuesday. 

The detention hearing before the magistrate, at times, had more of the feel of a sentencing, with people giving brief statements on why they thought they were victims. 

Patricia Massey said she lost her husband in 2010 and that Dr. Fata kept him alive far longer than he should have. She said the doctor prolonged his painful life.

Heidi Slay told the magistrate judge that her ex-father-in-law, who was 80, came down with cancer. She said she tried to get Dr. Fatah to slow down the chemotherapy. She said even after he fell into a coma, the doctor insisted on giving him chemo treatment. She said the chemo, not the cancer, killed him.

Theresa Wynn stepped up to the podium and talked about her father-in-law Frank Wynn, 72, who had kidney cancer.  She said the doctor convinced the family that Frank Wynn needed kidney surgery and chemo. 

She said he declined quickly, and while at the hospital, another doctor questioned why he was still receiving chemo treatment. The doctor said it wasn't necessary at that point. She said her father-in-law dropped to 75 pounds. She said he became a "skeleton with skin" with no dignity.

Authorities say that  Dr. Fata owns and operates Michigan Hematology Oncology Centers (MHO), which has offices in Clarkston, Bloomfield Hills, Lapeer, Sterling Heights, Troy and Oak Park.

Authorities allege that Dr. Fata allegedly submitted fraudulent claims to Medicare for medically unnecessary services, including chemotherapy treatments, Positron Emission Tomograph (PET) scans and a variety of cancer and hematology treatments for patients who did not need them.

As part of the scheme, he allegedly falsified and directed others to falsify documents to justify cancer treatments for billing purposes.  MHO billed Medicare for approximately $35 million dollars over a two-year period, approximately $25 million of which is attributable to Dr. Fata.

Defense attorney Christopher Andreoff, a former federal prosecutor, told the judge that there were plenty patients who had come to Dr. Fata's defense. He also said he had plenty ties to the area, arguing that he was not a flight risk.

Dr. Fata asked the judge if he could at least shadow his other doctors at his clinics to give them guidance about patients. But the judge said no.

During the hearing, the government and defense argued over what assets the doctor actually had.

Prosecutor Catherine Dick said that the government had frozen $5.7 million in assets but he still had $4 million. They were trying to determine if that came from Medicare payments. Andreoff said that his assets were far less, and there was no reason his client would skip town.

 

 

 

 

 

 



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