Doctor's $3.5M deal avoids fraud trial
December 15, 2009
Betsy Powell
COURTS BUREAU
A Toronto doctor has avoided trial for fraud and money laundering after agreeing to repay $3.5 million he wrongfully billed taxpayers.
The deal with prosecutors allowed Dr. Lorne Sokol to plead guilty to the lesser offence of contravening Ontario's Health Insurance Act, which carries a maximum fine of $25,000.
He had originally faced two counts of fraud over $5,000, each of which carries a maximum of 14 years in jail, and a count of money laundering, which carries a maximum of 10 years imprisonment.
Sokol still practises family medicine at an office on Dufferin St., although his case will be reviewed by the College of Physicians and Surgeons to determine whether professional discipline is warranted.
Crown attorney Philip Perlmutter told the Ontario Court of Justice on Monday that, between March 2003 and February 2007, Sokol submitted billings for injections that are not covered under the Ontario Health Insurance Plan or by the Workplace Safety and Insurance Board.
"The injections were not compensable," Perlmutter said, reading from an agreed statement of facts that gave limited details about the allegations, including how they came to light.
The "injection procedures" conducted by Sokol, a pain management specialist, included treatments involving nerve blocks, trigger points, ganglia (knots or enlargements on nerves) and bursa (fluid sacs that cushion joints).
The Ontario Provincial Police originally charged Sokol with two counts of fraud over $5,000 in the fall of 2007. He was also charged with money laundering after a business in Montreal was searched.
But Sokol on Monday pleaded guilty to the lesser provincial offence of breaching the Health Insurance Act. He voluntarily repaid $2.9 million and $597,000 last month.
The plea has saved taxpayers "significant" court costs since a criminal trial would have involved at least 20 patients as witnesses and was shaping up to be a "battle of the experts," Perlmutter said.
The prosecutor and police officers involved in the investigation refused to elaborate on the case.
An OPP news release issued at the time of Sokol's arrest said he had allegedly submitted billings to OHIP and to the Workplace Safety and Insurance Board for patient services that were not provided.
It added: "The amount cannot be disclosed at this time as the investigation is continuing."
Another 2007 OPP news release said any information relating to the investigation could not be disclosed because of a court-ordered publication ban.
Since then, numerous closed-door judicial pre-trial meetings took place, culminating in Sokol's guilty plea at Old City Hall.
Sokol has no criminal record and under the Health Insurance Act the maximum fine he could face is $25,000, in addition to a $6,000 surcharge. His lawyer, David Porter, said the fine would be paid within the allotted seven days.
Justice Paul Bentley accepted the joint submission, saying it was in the "best interest of the community" in addition to being in Sokol's best interest. Sokol declined to address the court after Bentley asked if he had anything to say.
A spokeswoman for the College of Physicians and Surgeons said the regulatory body would review the outcome to determine if disciplinary action is warranted.
Sokol has had some restrictions on his practice since the charges were laid, including the requirement that he have a "practice monitor" with whom he meets each month to review his charts.
He pleaded guilty under Section 44 of the Health Insurance Act, which makes it an offence to violate the act or its regulations. The schedule of benefits, a regulation under the act, sets out OHIP billing requirements and billings of particular services. Violating the schedule is a violation of a regulation under the act and therefore an offence under Section 44.
Toronto Star
Featured Sponsored Listings