West Virginia Physician Seeks Retrial of Insurance Fraud Conviction

June 1, 2009

A Marlinton, West Virginia, physician convicted on 29 counts of health care fraud for billing insurers for services he never performed is seeking a new trial.

U.S. District Judge Irene Keeley has set a July 2 hearing for Dr. John C. Sharp to address alleged issues of prosecutorial misconduct and ineffective assistance of council.

A federal jury in Elkins convicted the 67-year-old osteopath in June 2008. Jurors said Sharp defrauded Medicare, Medicaid and West Virginia workers’ compensation insurer of $570,434 between May 1998 and January 2006.

Attorneys for the government argue in court documents that Sharp’s trial was not flawed.

Sharp faces up to 10 years in prison and a $250,000 fine on each count.

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