By Robert Wilonsky
Published: May 20, 2015 12:17 pm
Dr. Richard Ferdinand Toussaint Jr. is a licensed anesthesiologist who co-founded Dallas’ Forest Park Medical Center and started Ascendant Anesthesia, which has 16 practice locations scattered around the area. He’s also just been indicted by a Dallas federal grand jury on 17 counts of health care fraud.
The full indictment’s below, but the 11-page document unsealed today alleges that Toussaint submitted phony claims to Blue Cross Blue Shield of Texas, United Healthcare and the Federal Employees Health Benefits Program. Says the indictment, during 18 months in 2009 and 2010, the 57-year-old “falsely” claimed he was doing his job when he wasn’t anywhere near the operating room — except for that time “he was under anesthesia undergoing surgery himself.” The indictment alleges that at other times he was out of the state, at another hospital or “flying on his private jet.”
“The indictment further alleges that Toussaint also inflated the amount of time the procedures took and pre-signed patients’ medical records representing the services were provided before the procedures even took place,” says the U.S. Attorney’s Office. “In addition to personally creating false medical records and inflating anesthesia procedure time, Toussaint directed others to do the same, representing he was present for procedures when he knew he was not.”
His attorney, a former federal prosecutor, say Toussaint will plead not guilty to the charges.
The indictment alleges that the scheme was a particularly profitable one: The feds allege that Toussaint billed Blue Cross Blue Shield of Texas, United Healthcare and the Federal Employees Health Benefits Program for more than $8 million — “of which at least $5 million was fraudulent,” says the U.S. Attorney’s Office. The indictment also comes with a laundry list of nice things he’d have to turn over if convicted, including a 2016 Bentley Mulsanne (which was bought on April 1), a 2015 McLaren 650S, a 2012 McLaren MP4-12C and other extremely fancy rides.
In a statement sent to The Dallas Morning News Wednesday evening, Ascendant says that “the Department of Justice allegations against Dr. Toussaint pertain to conduct in his private practice dating to 2009 and, as such, they do not implicate Ascendant Anesthesia. Dr. Toussaint has retired from Ascendant and has no ongoing operational, managerial or related roles with our Firm. Ascendant Anesthesia will maintain a singular focus on our patients and surgical partners. We look forward to continuing to serve the community in the same professional, high-integrity manner that is our hallmark.”
Toussaint’s photo has been removed from its website.
Toussaint’s attorney, former U.S. Attorney for the Northern District Richard Roper, says in a statement emailed to The Dallas Morning News that “I am disappointed the government moved to formal charges. Dr. Toussaint practiced medicine for 32 years without incident or allegations of malpractice. Over these years, Dr. Toussaint has devoted a substantial amount of his time and money to philanthropic and religious endeavors, including seven medical missions to Haiti in 2010-12 and two medical missions to Honduras in 2013-14. Dr. Toussaint will enter a not guilty plea at his arraignment.”
If found guilty he’s looking at a lot of time behind bars: The feds say each count of health care fraud comes with a max federal prison sentence of 10 years behind bars, along with a $250,000 fine — in addition to restitution, which could be also be ordered.