Tuesday sentencing hearing set for Valley doctor convicted in kickback scheme
CLEVELAND, Ohio - A Valley doctor who pleaded guilty to her role in a Medicare and Medicaid kickback scheme is scheduled to appear before a federal judge on Tuesday for sentencing.
A 1 p.m. hearing is set in U.S. District Court in Cleveland for Dr. Michelle Kapon of Youngstown who pleaded guilty earlier to charges of Conspiracy to Solicit, Receive, Offer, and Pay Kickbacks in Connection with a Federal Health Care Program, and Receipt of Kickbacks in Connection with a Federal Health Care Program.
According to court documents, Kapon and OBGYN Joni Canby, 62 of Poland, received kickbacks from OBGYN Samir Wahib after sending samples from their patients to him for gonorrhea and chlamydia testing.
Investigators say that Wahib, 53 of Canfield, paid $20 in kickbacks to Canby and $15 to Kapon for every specimen they sent to him. Wahib would, in turn, allegedly submit claims to the federal government for payment for the tests.
The government claims the payments were disguised as “physician coverage” on checks from Wahib’s business account.
Between 2014 and 2017, Wahib paid $31,520 to Kapon and Canby, while Wahib submitted 42 related claims to Medicare and Medicaid, according to investigators.
Seeking a lighter sentence, Kapon's attorney filed a memorandum in the case saying that Dr. Canby was Kapon’s mentor and became increasingly influential in Kapon’s life.
Dr. Wahib has pleaded guilty to Conspiracy to Solicit, Receive, Offer, and Pay Kickbacks in Connection with a Federal Health Care Program; Offering or Paying Kickbacks in Connection with a Federal Health Care Program; Conspiracy to Commit Health Fraud; Health Care Fraud; and Obstruction of a Criminal Investigation of Federal Health Care Offenses. His sentence is scheduled to take place on September 12.
Canby has been sentenced to serve two years probation and pay more than $160,000 in fines and restitution after pleading guilty to charges she conspired to solicit, receive, offer, and pay kickbacks in connection with a Federal Health Care Program in November of 2021.
Dr. Kapon’s medical license was suspended following a medical board hearing. She currently has an active license to practice medicine but can’t participate in any federally or state-funded Medicare or Medicaid plans.
