Elderly minority doctor targeted because he prescribed narcotics in a pain management practice finally pleads guilty to health care fraud charges built by prosecutors through illegal search of patient records. The original prosecutor became a partner in prestigious private law firm as a pay-off.
A short paragraph written by Boston Globe staffer Milton J. Vaencia summarizes what is happening to doctors all over the country, and could easily happen to your doctor. I know, because it happened to me. “Really, the Mashali case is about the opioid crisis. He was a pain doctor and he was a prescriber of narcotics,” “But [prosecutors] had a whole lot of evidence of health care fraud. They meticulously built a paper heavy case with search warrants and other methods and were ultimately able to show a health care fraud scheme, and that’s what he ultimately pleaded guilty to.”
Fathalla Mashali, MD, 62, pleaded guilty to 44 counts of health care fraud, conspiracy, and money laundering, and faces as much as 20 years in prison when he is sentenced June 21. An experienced medical professional for over three decades, Dr. Mashali practiced as an anesthesiologist at hospitals and clinics. He belonged to numerous medical organizations. Recognized for his expertise in the field, he served as a speaker for many medical conferences and contributed to medical journals. Basically he is knowledgeable in pain management. So since they couldn’t realistically attack his pain management, they attack him as they can any doctor, through billing. Due to the attack, he is now suffering from depression and anxiety.
Dr. Mashali caught the attention of authorities in 2013 because of the “strikingly high” rate of oxycodone prescriptions. So what a doctor prescribes gives the government just cause for a raid? Sounds a little like Nazi Germany, doesn’t it? FBI special agent Andrea Kern wrote in the affidavit that his subscription rate “suggests that he is engaging in illegal drug distribution.” They used as their excuse “Based on my training and experience, Mashali’s more than doubling the number of oxycodone prescriptions written during a month over a period of 12 months is indicative of illegal drug distribution,” But Dr. Mashali operated three pain management clinics in Massachusetts and one in Rhode Island, with the assistance of physician assistants, which is not mentioned. Mashali also prescribed methadone and fentanyl, according to the affidavit. Imagine that! A pain management doctor prescribing pain medicine!
Due to the illegal garnishing of his medical records, the government then built a case of Medicare fraud, stating as they always do, that the doctor billed for services that were never rendered. I know all about those kinds of charges. Medicare sent me denials of charges for labs, for example, that were done. Even when I sent them the copy of the lab report, they still kept the denial. You see, government organizations work together to create a paper crime that doesn’t exist. But as a result of this charge, the government is setting itself up to forfeit property such as his home and other real estate. It’s all about how much they can steal from doctors. This is the only profession in the country where you are penalized for making a living.
The reason given for attacking him for Medicare fraud by the prosecutor was basically “because it’s easy”. Any doctor in the country could be charged with Medicare fraud. This case illustrates the avenues prosecutors are now taking to indict doctors without charging them with illegal drug dealing, which can be difficult to prove.
Other reporters simply spread government propaganda. In the middle of one by David Boroff of the New York Daily News, inflammatory “Heroin overdoses more than quadrupled between 2010 and 2015” appeared. But correlation does not mean causation. The heroin overdoses are continuing to climb at even faster rates because legitimate chronic pain patients cannot find treatment and are having to go to the streets to treat themselves. Also, drugs don’t cause abuse and since the government isn’t interested in the REAL cause, abuse and addiction will continue to climb. For the REAL cause, see https://youtu.be/YvG5Vv5rW5A.
[New York Daily News castigates innocent people through innuendo]
Also thrown into the middle of his article was “ringleaders charged for running $3M pill peddling racket” which had nothing to do with Dr. Mashali. Shame on you, Mr. Boroff and New York Daily News!!
Reporters also try to make Dr. Mashali look bad because he made money at his job. Since when is that a crime in a country of opportunity and free enterprise? And they reported that Dr. Mashali saw 100 patients per day, but failed to point out that he had physician assistants working for him.
Proof of the fact that Dr. Mashali is being forced to accept a plea for crimes that were never committed is the fact that in his first appearance, according to the court, he failed to accept responsibility. In other words, “I accept this plea because to not do so would cost me more at trial, but I didn’t really do what you are charging me with.” The government, though, works together, including the judges, to cover up their illegal activity. Shame on you. But God will level the playing field someday. In his final, accepted plea, he stated for the court, “I’m very sorry. I hurt my family. I hurt my patients.” Now those of us who have been there can interpret that correctly—that by treating pain in this environment, losing everything you’ve worked for and going to prison, you’ve hurt your family. That is a true statement. And patients are hurt because they no longer have pain management. The court can take it as accepting responsibility for the charges if they want to, but hopefully you know different.