09/16/2019 | Press release | Distributed by Public on 09/16/2019 17:43
In Austin today, a federal judge sentenced two Austin psychologists who own and operate Psychological A.R.T.S., P.C., and their patient recruiter for Health Care fraud related offenses, announced United States Attorney John F. Bash, FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Texas Attorney General Ken Paxton.
U.S. District Judge Xavier Rodriguez sentenced 34-year-old Dr. David Fox Dubin, to three years in federal prison and ordered him to pay $282,019.92 restitution. Judge Rodriguez also sentenced 74-year-old Dr. William Joseph Dubin and 70-year-old patient recruiter Glen Elwood McKenzie, Jr., of Cedar Park, TX, to five years probation and ordered each of them to pay, joint and severally, $61,230 restitution.
On October 29, 2018, jurors found the Dubins guilty of multiple federal crimes. Dr. William Dubin was found guilty of one count of conspiracy to pay and receive health care kickbacks, and two counts of offering to pay and paying illegal kickbacks. Dr. David Dubin was found guilty of one count of conspiracy to commit health care fraud, one count of health care fraud and aiding and abetting health care fraud, and one count of aggravated identity theft.
On October 11, 2017, McKenzie pleaded guilty to one count of conspiracy to violate the federal anti-kickback law and one count of receiving an illegal kickback. McKenzie was the President of the Board of Directors of an emergency shelter house located approximately eighty miles from Austin that provided temporary shelter for crisis intervention and mental health services to children and youth ages 5 to 17 who had been removed from their homes by the Texas Department of Family and Protective Services.
Evidence provided during trial revealed that Dr. William Dubin paid McKenzie to use his position at the emergency shelter to refer children and youth to Psychological A.R.T.S., for comprehensive mental health services, which were billed to the Medicaid program. Upon receipt of payment for these services, Dr. William Dubin paid McKenzie a 10-percent kickback from the money paid to Psychological A.R.T.S.
Evidence during trial also revealed that Dr. David Dubin engaged in a conspiracy to commit health care fraud and committed health care fraud by causing at least one fraudulent billing to be submitted to the Medicaid program. Evidence further revealed that Dr. David Dubin engaged in aggravated identity theft when he caused a fraudulent claim to be submitted to Medicaid and unlawfully used a patient's personal identification information to obtain payment of the bill.
Special Agents with the Federal Bureau of Investigation together with investigators from the Texas Attorney General's Medicaid Fraud Control Unit investigated this case. Special Assistant U.S. Attorney Rex Beasley and Assistant U.S. Attorneys Greg Surovic, Justin Chung, and Daniel Castillo prosecuted this case on behalf of the Government.