A Cleveland, Tn., Botox doctor was sentenced on Thursday to serve 28 months in federal prison for a major Medicare fraud.
Dr. Sean Brown, 46, of McDonald, Tn., was directed by Judge Curtis Collier to report to his assigned prison on June 5.
He must also pay a $10,000 fine.
The sentencing guideline range was 63-78 months, but the maximum he could get under the plea deal was 36 months.
Judge Collier told him, "At some point your greed overcame your responsibility to the profession." He said he had "taken $7.4 million out of Medicare's coffers that could have gone to other patients."
The judge said, "You were making $2.5 million a year in Cleveland.
That's almost as much as a football coach at Tennessee."
Prosecutor Terra Bay said Brown was diluting Botox at a100 to one ratio, "but he was billing Medicare at 100 percent." She said he used only 200 vials of Botox over five years, but billed Medicare for 18,000 vials. She said, "That's how outrageous the fraud was."
She said Medicare took some samples of Brown patient billings after noticing that he was seeking reimbursement at a rate two and a half time other doctors. She said in those samples he falsified the records, saying for example he had injected a patient five times when he actually injected only three times.
But attorney Jerry Summers called Brown a compassionate, caring doctor who was loved by his patients. He noted that he received 219 letters of support and that the courtroom was overflowing with supportive patients.
He said Brown had not tried to hide his Medicare receipts, placing them in area credit unions rather than "sending them offshore." The government seized $186,091 found in a Tennessee Valley Federal Credit Union account and $6,579,517 in an Athens Federal Credit Union account.
The attorney said Brown paid over $4 million in federal income taxes over the time period of the fraud.
He said he had given up his license to practice medicine effective Jan. 31, but was suffering from an acute distress disorder and was anxious to resume his practice if he could get approval from the state medical board.
Attorney Summers said, "There is no allegation that any patient was harmed."
He said he was needed to care for his mother. She had to be led from the courtroom after she began sobbing following the announcement of the prison term. His two six-year-old children were also in the courtroom.
Brown still must repay the government over $700,000. Attorney Summers said he inherited a house from his father and it is being readied for sale. He also may owe BlueCross BlueShield some $62,000.