Dr. Kenneth Fishberger, Healthcare Fraud, Massachusetts 2025

New York Doctor Sentenced for Receiving Kickbacks in Massachusetts

BOSTON – A New York doctor has been sentenced in federal court in Boston for receiving kickbacks in exchange for ordering medically unnecessary brain scans.

Dr. Kenneth Fishberger, 76, of East Setauket, N.Y., was sentenced on Dec. 9, 2025, by U.S. District Court Judge Nathaniel M. Gorton to two years of supervised release, one year of which will be served in home confinement with location monitoring.

He also was ordered to pay a fine of $50,000, forfeiture in the amount of $48,000 and restitution of $342,876.

In November 2024, Fishberger pleaded guilty to one count of conspiracy to commit health care fraud.

Fishberger, an internist in Long Island, N.Y., was a licensed medical doctor in the State of New York for approximately 47 years.

From approximately June 2013 through December 2019, Fishberger conspired with others, including a principal for a mobile medical diagnostics company that performed transcranial doppler (TCD) scans, to order hundreds of medically unnecessary TCD scans in exchange for kickbacks.

TCD scans are brain scans that measure blood flow in parts of the brain.

Fishberger and his alleged co-conspirators used false diagnoses to order the unnecessary brain scans, for which a co-conspirator would submit claims to Medicare and other insurance companies, including private insurance companies, on behalf of the medical diagnostic company for payment.

In exchange, Fishberger was paid cash kickbacks of approximately $100 per test.

The scheme resulted in fraudulent bills of approximately $891,978 to Medicare and private insurance companies.

Source: https://www.justice.gov/usao-ma/pr/former-new-york-doctor-sentenced-receiving-kickbacks