A federal jury convicted a New York man today of defrauding Medicare and Medicaid by causing him to submit false and fraudulent claims for surgical procedures that were not performed.
According to court documents and evidence presented at trial, Harold Bendelstein, 71, of Queens, billed Medicare and Medicaid for a procedure to cut the outer ear for hundreds of patients, when in fact all he did was examine the ear or remove earwax. Specifically, between January 2014 and February 2018, Bendelstein, an ENT doctor, billed Medicare and Medicaid approximately $585,000 and was paid approximately $191,000. Medicare and Medicaid records showed that Bendelstein was uncommon and paid the most for the procedure in New York state.
Bendelstein was convicted of one count of health care fraud and one count of making a false claim. His sentencing is scheduled for November 7, and he faces a maximum sentence of 15 years in prison. A federal district court judge will determine each sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Department of Justice’s Criminal Division; US Attorney Breon Peace for the Eastern District of New York; Special Agent in Chief Scott J. Lampert of the US Department of Health and Human Services Office of Investigations Office of the Inspector General (HHS-OIG); and Acting Medicaid Inspector General Frank T. Walsh of the Office of the Medicaid Inspector General (OMIG) made the announcement.
HHS-OIG and OMIG investigated the case.
Trial attorneys Andrew Estes and Patrick J. Campbell of the Criminal Division’s Fraud Division and Assistant U.S. Attorney John Vagelatos of the Eastern District of New York are prosecuting the case.
The Fraud Section leads the Crime Branch’s efforts to combat health care fraud through the Health Care Strike Force Program. As of March 2007, this program, which consists of 15 task forces operating in 24 federal districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in cooperation with HHS-OIG, is taking steps to hold providers accountable for their participation in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
