Last month, the United States formally joined in the qui tam relator case against Arizona-based Modern Vascular. The action, originally filed in 2020 by relators Dr. Jay Radhakrish and Dr. William Julien, and since joined by a number of others, accuses Modern Vascular and many of its principals, affiliates and investor physicians and podiatrists of violating a variety of fraud and abuse laws, including the federal False Claims Act and the Anti-Kickback Statute. Modern Vascular operates fourteen office-based laboratories (OBLs) across the country providing minimally invasive surgical procedures.
The government alleges that Modern Vascular and its founder, Yury Gampel, engaged in a fraudulent scheme whereby physicians and podiatrists were encouraged or permitted to invest in OBLs, or affiliated management service organizations, in exchange for making referrals to an OBL. Notably, the government alleges that Modern Vascular conditioned investment in a center upon a prospective investor first achieving certain minimum referral volumes. Referral source investors were also allegedly able to invest in these entities for consideration that may have been inconsistent with fair market value standards, while the company allegedly paid outsized distributions to its investors. Referral source investors were allegedly told that the purchase price was intentionally low, and that they should focus on bringing in a steady stream of referrals. The company also allegedly engaged in forced...
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