Using information first disclosed to the government in a case filed by Kirby McInerney, the New York Attorney General has won the criminal conviction of Long Island doctor Payam Toobian and his radiology business America’s Imaging Center. In the Attorney General’s prosecution, the jury returned guilty verdicts on most of the criminal counts against Toobian and his company, including counts concerning healthcare fraud, falsifying business records, and paying kickbacks to physicians to get them to refer patients to Toobian’s radiology business.

In 2015, Kirby McInerney filed a qui tam case under the False Claims Act against Toobian and his businesses. The case alleged that they defrauded government funded healthcare programs like Medicaid by manipulating physicians’ orders for radiology tests such as MRIs and CT scans to bill for extra tests that the physicians never ordered and, further, by paying kickbacks to physicians in exchange for patient referrals. In November 2021, the Attorney General intervened in the qui tam case and, at about the same time, announced the criminal charges against Toobian and America’s Imaging Center arising out of the facts brought forward by Kirby McInerney’s whistleblower client. The qui tam case has been stayed pending resolution of the criminal charges.

The qui tam case has been led by Kirby McInerney partner Randall Fox. “The case demonstrates that whistleblowers play an essential role in helping the government identify frauds and other criminal activity that harms the public fisc,” said Mr. Fox. “We are pleased that the New York Attorney General recognized that the conduct we brought forward was criminal in nature and justified pursuit through the criminal justice system.”

Kirby McInerney extends its gratitude to its client and to New York Attorney General Letitia James and the Office’s Medicaid Fraud Control Unit for pursuing this case. In particular, it thanks Special Assistant Attorneys General Robert Trudell and Samantha McCullagh who spearheaded the prosecution.

If you are aware of violations that have victimized the government or investors that might be addressed by a whistleblower program, please contact Kirby McInerney LLP partners Randall Fox by email at rfox@kmllp.com or David Kovel at dkovel@kmllp.com, or by filling out this contact form, to discuss your rights or interests with respect to these matters without any cost to you.

Kirby McInerney LLP is a New York-based plaintiffs’ law firm concentrating in whistleblower, securities, antitrust, and consumer litigation. The firm’s efforts to protect the integrity of government and investors’ dollars have resulted in recoveries totaling billions of dollars. Additional information about the firm can be found at Kirby McInerney LLP’s website.

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