Massive Medical Fraud Case of Dr. Dinh
It is truly rare to see a medical fraud case involving individuals that exceed $ 10-20 million dollars. Dr. Dinh has been charged with over $ 150 million dollars in unlawfully received monies arising out of COVID treatments billed but either not rendered or billed to the government despite there being reimbursement from private insurance.
No Deal then Charges Increase
A federal grand jury charged Dr. Anthony Hao Dinh. in late 2023. The charges are that Dr. Dinh defrauded the Health Resources and Services Administration (HRSA) COVID-19 Uninsured Program. This case has been on the docket since April 10 and its late filing indicates that settlement negotiations failed. As is often the case the initial criminal complaint has far less charges than a later filed federal healthcare fraud indictment. This is always a danger in medical fraud cases. The Indictment by the Grand Jury added money laundering charges and allegations about other claimed schemes to defraud pandemic relief programs. Unrelated to settlement negotiations the Indictment also charged Dr. Dinh with obstructing the government’s investigation into improper health care billing.
The Attorney's Dilemma
This is a difficult position for a defense attorney. You don't want to sell out your client and grab at the first offer BUT in many federal cases the time between the initial complaint and the Indictment is the "golden" era where real negotiation takes place. Once the Indictment is filed negotiation is based more on motions, evidentiary strength and the ability or inability of the government (prosecution) to muster strong witnesses. This type of battle hardened negotiation is the bread and butter of top criminal defense attorneys but from the client's perspective it is high stakes poker with their life at stake. Whether you retain our office or another top federal defense attorney, do NOT hold it against us when we push you to very (and I mean VERY) seriously consider any early offers. It is not weakness - we just understand the human tendency to want to fight vs. the reality of how hard these fights can be for the client.
The Basic Fraud Allegations
The basic case however charged was that Dr. Dinh and his co-defendants Hanna (“Hang”) Trinh Dinh (his sister) billed $ 250 million dollars in claims for the treatment of patients who were insured or for services that were not rendered or for services that were not medically necessary. The Indictment states that: “As a result of these false and fraudulent claims, HRSA made payments to defendant Dinh, through [his medical] practices, in the approximate amount of $150 million.”
Penalties Up to 20 Years in Prison
The penalties are huge. Dr. Dinh worst case could serve 20 years in prison for the wire fraud and three of the money laundering charges, up to 10 years for two of the money laundering charges, and up to 20 years for the obstruction of justice charge that alleges he submitted false patient records in response to a grand jury subpoena.
Without knowing the details of the investigation and negotiations we cannot speculate as to why the case proceeded to Indictment. Dr. Dinh’s sister has pled guilty. In general, massive fraud cases in terms of dollar loss will expose the defendant to massive penalties in terms of financial restitution and prison time. Federal financial crimes always start fairly low in terms of potential sentence but this skyrockets as the dollar loss amount rises. $ 150 million in Dr. Dinh’s case is a strong indication that he is potentially facing the high end of the sentencing range.
Daniel Horowitz is a specialist in criminal defense. He is a Top 100 Trial Lawyer, Superlawyer, AVVO 10 rated and nationally known for his work on high profile case such as the federal court defense of Ukraine Prime Minister Pavel Lazarenko. To learn more about our Healthcare Fraud Defense go to our Healthcare Fraud webpage.