ELKINS, WEST VIRGINIA — A Marlinton, West Virginia, physician was convicted on 29 counts of health care fraud today (June 12, 2008) by a Federal Trial Jury sitting in Elkins, West Virginia, before Judge Irene M. Keeley.

United States Attorney Sharon L. Potter announced that JOHN C. SHARP, a doctor of osteopathic medicine who was licensed to practice in West Virginia, was convicted after a 11-day trial on 29 counts of health care fraud contained in a Superseding Indictment returned against him in December 2007. Specifically, beginning in May of 1998 and continuing to January of 2006 in the Northern District of West Virginia, SHARP devised a scheme to defraud health care benefit programs, namely, Medicare, Medicaid and West Virginia Workers’ Compensation, by billing the programs for services that were not rendered and also causing the programs to pay a higher rate of reimbursement than was warranted in light of services rendered. From May of 1998 to January of 2006, SHARP obtained approximately $228,203.58 from Medicare, approximately $223,870.91 from Medicaid and approximately $90,201.02 from West Virginia Workers’ Compensation by submitting claims for services that were not rendered and submitting claims which misrepresented the level of office visit service rendered.

According to USA Potter, “This trial involved intentional fraud aimed at three taxpayer-funded entities (Medicaid, Medicare, and West Virginia Workers’ Compensation). The evidence revealed that Dr. Sharp had been given notice on several occasions, through audit and other direct correspondence, that his billing practices were improper, yet he continued the fraudulent billings. The jurors were very attentive to all of the evidence, which included voluminous documentation and also expert testimony, as reflected by their verdicts.”

SHARP, who is currently free on bond pending sentencing, faces a maximum exposure of 10 years imprisonment and a fine of $250,000 on each count.

The case was prosecuted by Assistant United States Attorney Alan G. McGonigal and Assistant United States Attorney Randolph J. Bernard. The case was investigated by agents of Health and Human Services/Office of Inspector General, the West Virginia Medicaid Fraud Control Unit, and the Federal Bureau of Investigation.