NEW YORK, November 29, 2023--(BUSINESS WIRE)--Using information first disclosed to the government in a case filed by Kirby McInerney, the New York Attorney General has won the criminal conviction of Long Island doctor Payam Toobian and his radiology business America’s Imaging Center. In the Attorney General’s prosecution, the jury returned guilty verdicts on most of the criminal counts against Toobian and his company, including counts concerning healthcare fraud, falsifying business records, and paying kickbacks to physicians to get them to refer patients to Toobian’s radiology business.
In 2015, Kirby McInerney filed a qui tam case under the False Claims Act against Toobian and his businesses. The case alleged that they defrauded government funded healthcare programs like Medicaid by manipulating physicians’ orders for radiology tests such as MRIs and CT scans to bill for extra tests that the physicians never ordered and, further, by paying kickbacks to physicians in exchange for patient referrals. In November 2021, the Attorney General intervened in the qui tam case and, at about the same time, announced the criminal charges against Toobian and America’s Imaging Center arising out of the facts brought forward by Kirby McInerney’s whistleblower client. The qui tam case has been stayed pending resolution of the criminal charges.
The qui tam case has been led by Kirby McInerney partner Randall Fox. "The case demonstrates that whistleblowers play an essential role in...
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