October 18, 2017

Prosecutor drops fraud charges against Kumar

Posted

WEST BRANCH — Ogemaw County Prosecutor LaDonna Schultz announced June 16 that she has dropped the fraud charges against Vijay Kumar without prejudice.

Kumar was previously facing trial for health care fraud in 34th Circuit Court.

Constantly asserting his innocence, Kumar said he was vindicated in a press release June 16.

“From the beginning of this nightmare I have said I would be vindicated because I knew the incident didn't happen and my clinics never submitted false claims to Blue Cross Blue Shield, Medicaid or Medicare,” Kumar said in a press release. “After nearly two years and combing through thousands of billing documents all charges have been dropped.”

According to the motion made in 34th Circuit Court, the charges against Kumar were dismissed without prejudice, meaning that prosecution could bring the charges again in the future.

“On May 31, 2017, the defendant presented a last-minute witness statement that was previously unknown by the people,” Schultz told the Herald June 16. “As a result of that disclosure the prosecution decided not to go forward with this current matter. Instead the people are aware of an investigation currently being conducted by the United States Health and Human Service and will defer to that investigation at this time.”

In addition to confirming the Medicaid, Medicare and insurance fraud charges against Kumar were dropped, the Kumar’s press release also claims the previous criminal sexual conduct charges against Kumar were dropped.

“Administrative Law Judge Robert Mourning asked the Board of Physical Therapy Disciplinary Subcommittee to dismiss the criminal sexual conduct complaint filed against Dr. Vijay Kumar for ‘lack of credible evidence,’” the press release read. “Gladwin County Circuit Court Judge Roy Mienk reached the same conclusion and dismissed the CSC complaint filed against Dr. Kumar on November 2nd of 2016.”

Schultz said Kumar’s comment is misleading and false. She said that Mienk did not make his decisions based on facts presented because the case never went to trial, and his dismissal was without prejudice, leaving the case open for prosecution down the road.

In November, Schultz announced the CSC charges against Kumar were being deferred so prosecution could focus on the fraud charges. She said prosecution was deferred on that case without prejudice and that charges could be brought against him in the future.

“At this point we’re just deferring prosecution on it, because it makes more sense to go forward with the fraud charges first,” she told the Herald in November.

Kumar’s release said he will now face an additional fight to regain his reputation.

“I have always conducted my business and myself with honesty and integrity and it is a shame that some people rushed to judgment before the facts came out,” Kumar said in his press release. “Even though all charges have been dropped and I have been vindicated I still must fight every day to regain my reputation because of the overzealous acts of the Prosecution.”

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