A federal jury today convicted a New York man of defrauding Medicare and Medicaid by causing false and fraudulent claims to be submitted for surgeries that were not performed.

According to court documents and evidence presented at trial, Harold Bendelstein, 71, of Queens, billed Medicare and Medicaid for an outer ear incision procedure for hundreds of patients, when in fact all he he actually performed was an ear exam or an earwax removal. . Specifically, between January 2014 and February 2018, Bendelstein, an ENT doctor, billed Medicare and Medicaid about $585,000 and was paid about $191,000. Medicare and Medicaid data showed Bendelstein to be an outlier and the biggest biller for this procedure in New York State.

Bendelstein was found guilty of one count of health care fraud and one count of misrepresentation. He is due to be sentenced on November 7 and faces a maximum sentence of 15 years in prison. A federal district court judge will determine any sentence after considering US sentencing guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Breon Peace for the Eastern District of New York; Special Agent in Charge Scott J. Lampert of the United States Department of Health and Human Services Office of Inspector General’s Office of Investigations (HHS-OIG); and Acting Medicaid Inspector General Frank T. Walsh of the Office of the Medicaid Inspector General (OMIG) made the announcement.

HHS-OIG and OMIG investigated the matter.

Trial Attorneys Andrew Estes and Patrick J. Campbell of the Criminal Division’s Fraud Section and Assistant U.S. Attorney John Vagelatos of the Eastern District of New York are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force program. Since March 2007, this program, made up of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who have collectively billed the Medicare program more than $19 billion. Additionally, the Centers for Medicare & Medicaid Services, in conjunction with HHS-OIG, is taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.