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Weinberger sentenced to 84 months in prison

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A judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.

Chief Judge Philip Simon of the U.S. District Court for the Northern District of Indiana in Hammond sentenced Weinberger to seven years in prison for 22 counts of health care benefit fraud to which Weinberger, 49, pleaded guilty. Weinberger already has spent about 37 months in the Metropolitan Correctional Center in Chicago.

The sentence exceeded the 37 to 46 months called for in federal sentencing guidelines, but Simon also considered Weinberger’s flight from the country as an enhancement, according to attorneys who were in court for the sentencing. The former ear, nose and throat doctor spent more than five years on the run after malpractice claims against him began to mount.

“I think that the judge considered the most important factor and that is something I’ve been living with for eight or nine years, and that is the mess he left in his wake,” said Cohen & Malad attorney David Cutshaw, who is part of a team of litigators representing 288 Weinberger malpractice clients.

Weinberger also will serve two years of supervised release and was ordered to pay about $108,000 in restitution.

Attorneys representing medical malpractice claims against Weinberger on Tuesday submitted a letter to the court that challenged claims in his sentencing memorandum in which he asked the court to be released for time served, as it fell within sentencing guidelines. The memorandum said “no credible evidence exists to indicate that Dr. Weinberger performed fraud in any other case other than the 22 cases for which he has been indicted and for which he had pled guilty.”

The letter in response said that assertion caused “great concern” because “of the 90 cases we have submitted to medical review panels, including the seven we have tried, we have yet to identify a single case in which Weinberger performed the ethmoid and sphenoid surgeries he billed for.”

Barry Rooth of Theodoros & Rooth P.C. in Merrillville, which also is involved in the bulk of malpractice litigation, said the letter aimed to give voice to victims whose cases weren’t considered in Weinberger’s criminal case.

“Our intent was to provide the prosecutor and the U.S. attorney with additional materials which we believe would increase the economic loss of similarly situated patients to a number that would constitute (sentence) enhancement,” Rooth said before sentencing Friday.

There are more than 350 medical malpractice claims against Weinberger, and his insurer recently won a default judgment against him because he has refused to answer questions in depositions. A federal judge is considering a request from the Indiana Patient Compensation Fund that a special master be appointed to handle the pool of Weinberger claims.

Rooth said patients would like to hear Weinberger at least acknowledge in depositions that he was their doctor, and he has vowed as a condition of his sentencing to answer questions about the cases against him.

“We’d love to hear what he has to say for himself,” Rooth said.
 

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

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