Doctor acquitted in health-care fraud case

By Robert Patrick • rpatrick@post–dispatch.com

ST. LOUIS• A former Vietnam War combat surgeon has been acquitted of health care fraud charges in what his lawyer said was a case of being prosecuted for working too efficiently.

A federal court jury decided Monday that Dr. Wallace P. Berkowitz, 67, of St. Louis, was not guilty of one count of health care fraud and 19 counts of making false statements. A Jan. 7 indictment alleged that in 2003-08, Berkowitz billed for procedures he had not performed, and overstated the time he spent with patients.

Defense lawyer Steve Welby said Tuesday that allegations of overbilling was false.

“We presented all these documents showing that he did exactly what he said he did,” Welby explained.

“He had to learn how to be fast. He had to learn how to be efficient and get the job done. Just because he can do it faster doesn’t mean he shouldn’t get paid the same as other doctors,” Welby said.

He noted that even a prosecution witness said, “If he does the exam, he can bill for the time.”

After the trial, Welby said, one juror approached and ‘said that he didn’t have the authority to do this, but apologized for what they were trying to do to Dr. Berkowitz.”

Asked about the case, Assistant U.S. Attorney Dorothy McMurtry read a brief statement that said prosecutors were disappointed with the verdict.

“We continue to believe that Dr. Berkowitz should not be able to unilaterally decide what he bill to Medicare and Medicaid. We will continue to invest other avenues to prevent Dr. Berkowitz from receiving taxpayers’ money for services not provided in accord with Medicare and Medicaid policy.”

Berkowitz, a sole practitioner with offices in St. Louis and in St. Louis, Madison and St. Clair counties, is still battling with Medicare and Medicaid over $125,000 he is owed, Welby said.