Area Doctor Sentenced For Kickback Scheme

He will also be placed on three-years release after he gets out of prison.


Baltimore, Md. (KM) A physician with an office in Frederick was sentenced on Tuesday to eight years in prison for his role in a kickback and fraudulent billing scheme. Doctor Atif Babar Malik, 48, of Germantown will be put on three-years of supervised released after he gets out of prison.

The US Attorney’s Office for Maryland says Malik was convicted on 26-counts connected with two criminal schemes involving $1.3-million in kickbacks. He previously pleaded guilty of evading $2.1-million dollars in federal taxes. .

Dr. Malik and his colleague, Dr. Sandeep Sherlekar, merged their  practices in February 2009 to create Advanced Pain Management Services LLC with offices in Maryland and New Jersey. In August, 2010, APMS began doing business as the American Spine Center, LCC (APMS/ASC). Federal officials say  co-defendants Muhammad Ahmad Khan and Vic Wadhwa were CEO  and CPO of APMS/ASC respectively.

The two physicians required their patients to submit urine samples to  monitor any pain relief medications they were taking. Both received kickbacks for sending those specimens to Accu Reference. That took place between April, 2011 to July, 2012.

They were also involved in an  anesthesia billing scheme where the two doctors submitted claims to Medicare and private insurers between January, 2010 and  the summer of 2012, using a billing code representing both physicians when, federal officials say, only one doctor was involved.

Dr. Malilk pleaded guilty on June 25th, 2018 to conspiring to defraud the IRS. The US Attorney’s Office says he under reported taxable income of $3.3-million, which resulted in additional taxes of $1.1-million that he owed. This scheme  took place between from 2009 to 2012.

The Judge also ordered Doctor Malik to pay a $75,000 fine, and restitution of $175,000. He also has to forfeit $241,976. . Malik was convicted following a 13-day trial.

The other defendants, Konstantin Bas of Brooklyn, NY, Mubtagha Shah Syed of Jersey CIty, NJ, and Vic Wadhwa of Frederick, Md, are awaiting sentencing. Muhammad Ahmad Khan, 44, is a fugitive. Dr. Sandeep Sherlekar died before his scheduled trial, and charges against him have been dismissed.


By Kevin McManus