New York, March 7, 2018: The United States Attorney for the Eastern District of NewYork and the Attorney General for the State of New York settled a Federal and New York StateFalse Claims Act qui tam action, brought by Andrea Fischer and handled by Andrea Fischer andAudrey Schechter of Fischer Legal Group, on behalf of its client whistleblower, against Freed,Kleinberg, Nussbaum, Festa & Kronberg M.D. LLP; Arnold W. Scherz, M.D.; MitchellKleinberg, M.D.; Michael Nussbaum, M.D.; Robert Festa, M.D.; and Jason Kronberg, D.O.
The suit, 14-CV-3943, was filed in 2014 by Andrea Fischer in the United States DistrictCourt for the Eastern District of New York and was ably and successfully pursued by the UnitedStates Attorney’s Office for the Eastern District of New York and the New York State AttorneyGeneral’s office.
The suit alleged that Defendants, in contravention of Medicaid regulations, did not enrollmany of their employee-providers who treated Medicaid patients, in the Medicaid program.Defendants then billed Medicaid for services provided by these unenrolled employee-providers,under their own provider numbers.
The settlement was obtained under the False Claims Act and the New York State FalseClaims Act. Ms. Fischer of Fischer Legal Group stated, “Thanks to my client’s efforts to right awrong, Defendants have been held accountable for their wrongs. We at Fischer Legal Group areproud to have assisted the Relator and the Government in reaching this victory. It is an excellentexample of the private-public partnership at work.”