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Home/Legal & Regulatory and Reimbursement/Former Ortho Surgeon Pleads Guilty in Identity Theft Scheme
Legal & Regulatory and Reimbursement

Former Ortho Surgeon Pleads Guilty in Identity Theft Scheme

November 17, 2020 2 min read Premium comments

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Former Ortho Surgeon Pleads Guilty in Identity Theft Scheme
Source: Pixabay and Ichigo121212
Secondary#SpyrosPanos#audreystrauss#fraud

Acting U.S. Attorney for the Southern District of New York Audrey Strauss has announced that former orthopedic surgeon Spyros Panos has pled guilty to new charges of wire fraud, health care fraud, and aggravated identity theft.

Six years ago, Panos surrendered his medical license. This was done the same year that Panos pled guilty to defrauding insurers for millions of dollars. He did this by billing for surgeries that were never performed and inflating costs. Panos reportedly served less than three years in prison.

Panos allegedly embarked on his new scheme before serving his prison sentence. In this scheme, he “assumed the identity of a licensed orthopedic surgeon and obtained over $876,000 in payments for reviewing patient files in connection with healthcare appeals and workers compensation cases.”

Per the allegations, Panos submitted the credentials of another licensed orthopedic surgeon to peer review companies. Using the other orthopedic surgeon’s name and credentials, Panos “conducted peer reviews.” The orthopedic surgeon did not authorize Panos to use their information and did not receive compensation.

Panos will forfeit $876,389.97 and pay restitution in the same amount. According to the allegations, this amount is equal to the amount that “Panos defrauded the peer review companies of.”

Strauss said, “Spyros Panos, a former surgeon who surrendered his medical license after a prior conviction in this District for health care fraud, has admitted to committing health care fraud again, this time by impersonating a licensed doctor. Now, for a second time, Panos awaits sentencing for his criminal conduct.”

Wire fraud carries a maximum sentence of 20 years in prison, health care fraud carries a maximum sentence of 10 years in prison, and aggravated identity theft carries a mandatory minimum sentence of 2 years in prison. The two-year sentence for aggravated identity theft must be served consecutive to a sentence imposed for the wire and health care fraud charges. The judge will decide Panos’ sentencing at a hearing scheduled for March 16, 2021.

For OTW’s coverage of Panos, see “$140 Million Malpractice Award Against Ortho Surgeon,” “Thousands of Insurance Appeals Went to a Fraud,” “Former Ortho Surgeon Steals Identity,” and “Fake Surgeries Alleged in Poughkeepsie.”

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Discussion

14
DS
Dr. Sarah MitchellOrthopedic Surgeon · Mayo Clinic

This is a fascinating development. In my practice we've seen similar outcomes with the revised protocol. The key differentiator seems to be patient selection criteria. Has anyone else noticed the correlation with BMI thresholds?

8
JT
James Thornton, MDSpine Fellow · HSS

Great point. I'd push back slightly on the conclusion, the sample size in the cited study is too small to draw population-level inferences. That said, the directional signal is compelling and worth a larger RCT.

5
RP
R. PatelSports Medicine · Stanford

We implemented a similar approach last year. Early results are promising but we're still gathering 12-month follow-up data. Happy to share our protocol if anyone is interested.

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