Who is the bigger crook.
The doctor or his lawyer?
A Houston physician accused of conspiracy to bilk Medicare and Medicaid out of millions of dollars by prescribing unneeded motorized wheelchairs often lost money while treating patients, his attorney told jurors today.
Dr. Anant Mauskar, 72, had so little interest in profit that he gave injections that earned $1.57 each in reimbursements from the government health plans, attorney Kent Schaffer told jurors during closing arguments.
"This man loses money on every single cortisone shot he gives," Schaffer said. "Then why is he in it for the money?"
Schaffer was countering the arguments of Assistant U.S. Attorney Cedric Joubert, who this morning accused Mauskar of being interested only in money, giving unnecessary injections and ordering tests to rack up large reimbursements.
Mauskar is on trial with his office manager, Nadine Norman, 45, in the court of U.S. District Judge Ewing Werlein Jr.
Defense attorney Jay Hirsch said that Mauskar is still recovering from surgery, eight months ago, for prostate cancer.
Schaffer tried to convince jurors that a key prosecution witnesses, medical equipment supplier Ita John Obote, lied to reduce his sentence after a plea agreement with the government.
"Why would they work so hard to keep this guy out of prison?" he asked.
Schaffer said Obote was the real leader in the conspiracy and earned about $4 million in illicit profits.
Prosecutors accuse Mauskar of signing undated prescriptions allowing patients recruited by medical equipment companies to purchase unneeded motorized wheelchairs.
They say the companies charged Medicare and Medicaid, but supplied patients with cheaper motorized scooters and pocketed the difference.
The government is accusing Mauskar of fraud in 16 cases, but Schaffer said the doctor, in signing the prescriptions, was "making a medical judgment others may disagree with."
Joubert said many of the 16 patients who testified in the trial walked into the courtroom unaided and said they didn't need motorized wheelchairs.
Schaffer countered that several could not enter the courtroom unassisted.
Mauskar was "trying to do the best he can to practice his profession," Schaffer said.
Joubert said Mauskar worked as a consultant for seven clinics while running his own medical practice, disregarding regulations that required him to personally see patients and to oversee medical technicians at the clinics.
"Not only did Dr. Mauskar blatantly disregard treating his patients, he never intended to," Joubert told the jury.
But Schaffer said that Mauskar told the clinics he would be unable to supervise anything other than paperwork and that he resigned once he learned that regulations required that he personally supervise treatment.
Accusing Mauskar of "selling his signature," Joubert said the doctor was paid about $200 initially each time he signed a medical recommendation for a motorized wheelchair, but that he demanded more money and the fee was increased to $500.
He said Mauskar's wheelchair prescriptions increased sharply, from five in 2002 to 1,766 in 2003.
"There were so many people, it was chaos," Joubert said.
He added that Norman received kickbacks from recruiters and medical equipment suppliers.
Mauskar and Norman were among seven people charged in a 101-count indictment in September 2003. Four have pleaded guilty and one is at large.
The doctor or his lawyer?
A Houston physician accused of conspiracy to bilk Medicare and Medicaid out of millions of dollars by prescribing unneeded motorized wheelchairs often lost money while treating patients, his attorney told jurors today.
Dr. Anant Mauskar, 72, had so little interest in profit that he gave injections that earned $1.57 each in reimbursements from the government health plans, attorney Kent Schaffer told jurors during closing arguments.
"This man loses money on every single cortisone shot he gives," Schaffer said. "Then why is he in it for the money?"
Schaffer was countering the arguments of Assistant U.S. Attorney Cedric Joubert, who this morning accused Mauskar of being interested only in money, giving unnecessary injections and ordering tests to rack up large reimbursements.
Mauskar is on trial with his office manager, Nadine Norman, 45, in the court of U.S. District Judge Ewing Werlein Jr.
Defense attorney Jay Hirsch said that Mauskar is still recovering from surgery, eight months ago, for prostate cancer.
Schaffer tried to convince jurors that a key prosecution witnesses, medical equipment supplier Ita John Obote, lied to reduce his sentence after a plea agreement with the government.
"Why would they work so hard to keep this guy out of prison?" he asked.
Schaffer said Obote was the real leader in the conspiracy and earned about $4 million in illicit profits.
Prosecutors accuse Mauskar of signing undated prescriptions allowing patients recruited by medical equipment companies to purchase unneeded motorized wheelchairs.
They say the companies charged Medicare and Medicaid, but supplied patients with cheaper motorized scooters and pocketed the difference.
The government is accusing Mauskar of fraud in 16 cases, but Schaffer said the doctor, in signing the prescriptions, was "making a medical judgment others may disagree with."
Joubert said many of the 16 patients who testified in the trial walked into the courtroom unaided and said they didn't need motorized wheelchairs.
Schaffer countered that several could not enter the courtroom unassisted.
Mauskar was "trying to do the best he can to practice his profession," Schaffer said.
Joubert said Mauskar worked as a consultant for seven clinics while running his own medical practice, disregarding regulations that required him to personally see patients and to oversee medical technicians at the clinics.
"Not only did Dr. Mauskar blatantly disregard treating his patients, he never intended to," Joubert told the jury.
But Schaffer said that Mauskar told the clinics he would be unable to supervise anything other than paperwork and that he resigned once he learned that regulations required that he personally supervise treatment.
Accusing Mauskar of "selling his signature," Joubert said the doctor was paid about $200 initially each time he signed a medical recommendation for a motorized wheelchair, but that he demanded more money and the fee was increased to $500.
He said Mauskar's wheelchair prescriptions increased sharply, from five in 2002 to 1,766 in 2003.
"There were so many people, it was chaos," Joubert said.
He added that Norman received kickbacks from recruiters and medical equipment suppliers.
Mauskar and Norman were among seven people charged in a 101-count indictment in September 2003. Four have pleaded guilty and one is at large.
