AAPI board member, 3 other Indian American physicians charged with health care fraud, unlawfully distributing controlled substances

The Department of Justice indicts five physicians practicing in Pennsylvania and West Virginia.

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The US Department of Justice has indicted five physicians, among them four Indian Americans, on charges of unlawfully dispensing controlled substances and health care fraud.

The indictments, announced on May 3, alleges that the five physicians, who are “working as contractors” at Redirections Treatment Advocates, LLC (RTA), “created and distributed unlawful prescriptions for buprenorphine.”

RTA is an opioid addiction treatment firm that has clinics in several locations in Pennsylvania and West Virginia.

One of the physicians indicted is Dr. Madhu Aggarwal, 68, a contractor at RTA’s Bridgeville, PA, facility. She is a member of the board of trustees of the American Association of Physicians of Indian Origin (AAPI) and served as the board’s chairperson during 2016-2017.

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Dr. Aggarwal’s husband, Dr. Krishan Kumar Aggarwal, 73, has also been indicted.

Dr. Krishan Aggarwal, of Moon Township, Pennsylvania, is a contractor at RTA in Weirton, West Virginia. He is also a past chair of AAPI’s board.

AAPI, which has more than 80,000 members, is one of the largest practicing physicians’ organizations in the United States.

Other three indicted, according to the Justice Department, are:

Dr. Parth Bharill, 69, of Pittsburgh, Pennsylvania, a contractor at RTA in Morgantown, West Virginia;

Dr. Cherian John, 65, of Coraopolis, Pennsylvania, a contractor at RTA in Weirton, West Virginia; and

Dr. Michael Bummer, 38, of Sewickley, Pennsylvania, a contractor at RTA in Washington, Pennsylvania.

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Reached by phone, Gautam Samadder, the president of AAPI, said he doesn’t know the details of the indictment. However, he said that both Drs. Madhu and Krishan Aggarwal are “very respected physicians” and there is no history of “prior accusations.”

When contacted for a comment, the Aggarwals’ Weirton, WV, office said it has no comments.

The drug, known as Subutex and Suboxone, is used to treat individuals with addiction.

The Justice Department said in a press release that the indictments represent the “latest in a series of charges filed since Attorney General [Jeff] Sessions announced the formation of the Opioid Fraud and Abuse Detection Unit, a Department of Justice initiative that uses data to target and prosecute individuals that commit opioid-related health care fraud.”

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The defendants were also charged “with conspiracy to unlawfully distribute buprenorphine” and with “health care fraud for allegedly causing fraudulent claims to be submitted to Medicare or Medicaid for payments to cover the costs of the unlawfully prescribed buprenorphine.”

The Justice Department said for “each of the defendants, the law provide a maximum sentence of 10 years in prison and a fine of $250,000 for each of the counts charging unlawfully dispensing Schedule III controlled substances;  a maximum sentence of 10 years imprisonment and a fine of $1 million for each of the counts charging conspiracy to unlawfully dispense a Schedule III controlled substance; and a maximum sentence of 10 years imprisonment and a fine of $250,000 for each of the counts charging health care fraud.”

However, under the “Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants,” it added.

Pointing out that America today is “facing the worst drug crisis” in its history, “with one American dying of a drug overdose every nine minutes,” Sessions in the release: “It’s incredible but true that some of our trusted medical professionals have chosen to violate their oaths and exploit this crisis for profit.  Last summer, I sent a dozen of our top federal prosecutors to focus solely on the problem of opioid-related health care fraud in places where the epidemic was at its worst-including Western Pennsylvania. These cases cut off the supply of drugs and stop fraudsters from exploiting vulnerable people. Our prosecutors began issuing indictments back in October, and today we bring even more charges against those who allegedly defrauded the taxpayer while diverting potentially addictive drugs. I want to thank our dedicated AUSAs Robert Cessar and Sarah Wagner, FBI, DEA, our U.S. Attorneys’ offices, FDA, the HHS and Veterans Affairs Inspectors General, IRS, our Postal Inspectors, and all of our state and local partners for their hard work on these cases.”

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US Attorney Scott W. Brady of the Western District of Pennsylvania stated: “Expanding the legitimate use of medication to treat addiction is a critical part of this Administration’s multi-faceted approach to combat the opioid epidemic ravaging our communities. Yet another vital component is the prosecution of unscrupulous practitioners who abuse their privilege to practice medicine and dispense prescriptions unlawfully.  These indictments demonstrate that we remain vigilant in our pursuit of physicians who ignore their oath to do no harm.”

US Attorney William J. Powell of the Northern District of West Virginia added: “We remain unwavering in our efforts to combat those who violate drug laws and thereby contribute to the crisis of addiction.  I have made clear that a medical degree provides you no protection from prosecution.  We will persevere.”

The cases are prosecuted by Assistant US Attorney Robert S. Cessar of the Western District of Pennsylvania and Assistant United States Attorney Sarah E. Wagner of the Northern District of West Virginia.