In April 2009, the United States Attorney’s Office for the Eastern District of New York filed a notice of partial intervention in a civil Medicare fraud case against Staten Island Ophthalmologist Joseph R. Mermelstein, M.D. (United States ex rel Gerald P. Astorino v. Joseph R. Mermelstein, Index number 04 cv 1692 (Johnson, J.)). The case was originally brought under the False Claims Act qui tam provisions by Gerald Astorino, an optician formerly employed by Mermelstein.
Astorino’s complaint, which was filed under seal in April 2004, but has since been made public, alleges various schemes to defraud the Medicare Program, primarily billing for ophthalmology services that were not rendered or that were unnecessary. Mermelstein is currently serving a five-year prison term as a result of his guilty plea to related criminal charges also filed in the United States District Court for the Eastern District of New York.
This qui tam case was settled in January 2011 for $700,000.
Related filed court documents:
Astorino Settlement Agreement (PDF)
Astorino Complaint (PDF)
