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Judge rejects plea for former physician

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Indiana Lawyer Rehearing

U.S. Judge Philip Simon in the Northern District of Indiana rejected a plea agreement on April 27 for former physician Mark Weinberger, who faces at least 22 criminal counts of billing insurers and patients for procedures he didn’t perform.

The District’s chief judge set aside the plea agreement that would have bound him to sentence the doctor to four years in prison, rather than a sentence coming closer to the maximum on all charges totaling more than 200 years. Judge Simon said he wasn’t confident the deal took into full account the scope of the criminal conduct Weinberger engaged in, which prosecutors say totals about $318,000 in damages.

Weinberger is accused of billing fraud that took place between November 2002 and September 2004, while he was running the Merrillville Center for Advanced Surgery LLC and Nose and Sinus Center LLC. Some concerns about potential malpractice began surfacing toward the end of that period when one patient died in September 2004. Days later, the doctor disappeared during a family trip to Greece, and he was on the run for more than five years.

Claims from former patients mounted and the sinus specialist was featured on the television show “America’s Most Wanted.” He was eventually found hiding in a tent about 6,000 feet above sea level in the Italian Alps. He stabbed himself in the neck with a knife before finally being extradited from Italy to the United States on federal criminal health care fraud charges in December 2009.

While he faced 22 federal criminal counts of billing fraud, Weinberger has also been battling hundreds of medical malpractice claims filed against him and $5.7 million in creditor claims.

Federal court docket records show that many of Weinberger’s former patients urged Judge Simon to reject the plea deal they described as being too lenient.

A status hearing is set for May 12.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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