A federal jury convicted a New York man Friday for defrauding Medicare and Medicaid by causing the submission of false and fraudulent claims for surgical procedures that were not performed, officials stated.
According to court documents and evidence presented at trial, Harold Bendelstein, 71, of Queens, billed Medicare and Medicaid for an incision procedure of the external ear for hundreds of patients, when in fact all he actually performed was an ear exam or ear wax removal.
Specifically, between January 2014 and February 2018, Bendelstein, an ENT doctor, billed Medicare and Medicaid approximately $585,000 and was paid approximately $191,000.
Medicare and Medicaid data demonstrated that Bendelstein was an outlier and the highest biller for this procedure in New York State.
Bendelstein was convicted of one count of health care fraud and one count of making a false claim. He is scheduled to be sentenced on Nov. 7, and faces up to 15 years in prison.
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.