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Dr. Gamal H. Eltabbakh, False Claims, Vermont 2012

A Burlington doctor has been forced to pay $500,000 for allegedly submitting false claims to Medicaid and Medicare.

Dr. Gamal H. Eltabbakh, owner of Lake Champlain Gynecologic Oncology P.C. (LCGO), agreed to settle with the Office of the United States Attorney for the District of Vermont regarding allegations that he submitted false claims for payment to Medicaid and Medicare.

Between January 2010 and February 29, 2012, LCGO purchased non-FDA approved drugs from a Canadian distributor and other sources for use in chemotherapy treatments.

The government alleged that the drugs, including Aloxi, Neulastum, Bevacizumb, Taxotere, Gemzar, Hycamtin, and Alimta, were not covered by Medicare and Medicaid.

Dr. Eltabbakh and LCGO paid $500,000 to the United States, with $391,957.81 going to the federal Medicare program, $63,031.81 to the federal Medicaid program, and $45,010.38 to the Vermont Medicaid program.

The settlement does not admit liability by Dr. Eltabbakh or LCGO, nor does it concede that the United States’ claims were not well-founded.

The investigation was conducted by the United States Attorney’s Office, the U.S. Food and Drug Administration Office of Criminal Investigations, and the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG).

Dr. Eltabbakh was represented by Ian P. Carleton, Esq., of Sheehey, Furlong and Behm, P.C. of Burlington, Vermont. The United States was represented by Assistant U.S. Attorneys James Gelber and Eugenia Cowles.

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