A dentist that made a habit of keeping patient's refunds and then writing the dollar amounts off of his computer ledgers, has pleaded guilty to attempting to obstruct an investigation, as reported by The Roanoke Times.
Dr. R.K. worked it out like this: He asked his patients to pay an estimated copayment prior to dental treatment, then after their insurance company paid their portion, he hid any refunds he owed to the patient.
Instead Dr. R.K. allegedly deleted the patients' credits right off their accounts via his office computer program.
Dr. R.K., an endodontist for over 30 years, has maintained his dental practice and continues treating patients.
His sentencing is set for June 26.
According to the prosecution, once Dr. R.K. noted overpayments on his patient's accounts but failed to notify his patients or refund their money within a reasonable amount of time.
A new employee detected the scheme in April 2012. She noted that the books showed $38,000 in overpayments from 460 patients. However, according to Dr. R.K.'s office manager, D.T., when the employees confronted him with their findings he said, "I don't do refunds."
FBI agent B.E. stated that by May of 2012 Dr. R.K. had fired the employee that had first uncovered his activities. After that he deleted the credit balances himself – as D.T. refused to do it.
By November 2012 Dr. R.K. found out that the fired employee might file a lawsuit against him. According to the prosecution, a few days later he started sending refund checks to his patients.
One month later Dr. R. K. allegedly staged a burglary of his practice. He broke his office window and stole his computers. Prosecutors believe this was done to obstruct the FBI investigation. A little later, a police officer obtained a confession from Dr. R.K. – after the officer explained that he would not face a burglary charge as he broke into his own business.
B.E. taped conversations between D.T. and Dr. R.K. that were played in court. In one phone call D.T. told Dr. R.K. that the authorities were asking her to make a statement. Dr. R.K. is then heard instructing D.T. to hide the accounts as well as his burglary.
Attorney William Dinkin represented Dr. R.K. in court. Dinkin told the court that his client had refunded all of the money owed to his patients and is willing to accept responsibility for his actions. Furthermore, according to Dinkin, Dr. R.K. is a charitable person and competent as a dentist, and had only made bad decisions because he felt threatened by the impending lawsuit.
Dr. R.K. pleaded guilty to willfully trying to prevent, obstruct, mislead or delay the communication of information or records relating to a federal health care offense to a criminal investigator. He faces up to a five-year prison sentence and a fine of $250,000.
Now, according to U.S. Attorney Jennie Waering, it is up to the patients to come forward to collect any refunds – as there is no way to detect if the zeroed out accounts were due to actual refunds or falsified records.
When facing one or more criminal charges contact a criminal defense attorney as soon as possible. Working on your defense is paramount at this time!
