Former leader of Florida Cancer Specialists sentenced to probation and fine
The founder of Florida Cancer Specialists & Research Institute has been sentenced to three years’ probation and a $50,000 fine after pleading guilty in August to a conspiracy charge.
Dr. William Harwin, 70, also must perform 250 hours of community service. The judge in the case was U.S. District Court Judge Virginia M. Hernandez Covington.
The judge at Harwin’s Nov. 21 sentencing suggested he perform his community service at Veterans’ Cemetery in Sarasota, a soup kitchen, Meals on Wheels, humane society, animal control or something similar, court records show.
Harwin was not ordered to pay restitution.
Reached by telephone, Harwin said he had paid $1 million as part of $120 million that Florida Cancer Specialists paid in 2020 to state and federal authorities to settle allegations of participating in the conspiracy to monopolize radiation and cancer treatment for patients.
A June 20 court document relating to a plea deal references Harwin’s “personal share of the monetary penalties imposed on Florida Cancer Specialists under its deferred prosecution agreement was in excess of $1 million.”
Florida Cancer Specialists today is one of the largest, if not the largest, cancer groups in Florida with 250 physicians and 100 locations.
Harwin founded the group in 1984 in Fort Myers and was its former president and managing physician. He is retired.
What’s the case history?
Harwin entered a guilty plea Aug. 23 to one count of conspiracy to control how medical oncology and radiation treatment was available to patients in Lee, Collier and Charlotte counties, according to records.
He admitted that from 1999 to September 2016, he knowingly entered into a mutual arrangement with a competitor, 21st Century Oncology, records show.
More: Sentencing set for November for former exec of Florida cancer center accused of conspiracy
The arrangement was that patients needing radiation oncology would be sent to 21st Century while patients needing medical oncology care would be directed to Florida Cancer Specialists, court records show.
His primary co-conspirator was the founder and leader of 21stCentury, Dr. Daniel Dosoretz, who became a witness for the prosecution in the case against Harwin, records show.
Dosoretz stepped down as chief executive officer of 21st Century Oncology in 2016.
The 2020 indictment against Harwin came a few months after Florida Cancer Specialists entered into a deferred prosecution agreement resolving the same charge of conspiring to allocate chemotherapy and radiation treatment for cancer patients, according to records.
The case against Harwin had gone to trial last fall and jury deliberations had begun a week before Hurricane Ian hit Sept. 28, 2022 with devastating storm surge damage in Southwest Florida.
The hurricane caused a delay in the jury deliberations and the judge ordered a mistrial. A new trial was pending while both sides engaged in discussions to resolve the case.
The attorneys offered a binding resolution that Harwin would enter a guilty plea if given a term of six months unsupervised probation and a $100,000 fine, records show.
The judge rejected those terms and a new agreement involving a “non-custodial sentence” with no prison time, home confinement or time in a halfway house was worked out.
Why no restitution?
In terms of why restitution was not part of the sentence, one of Harwin’s attorneys said the federal government had acknowledged there was no evidence prices for cancer services had gone up as a result of Harwin’s actions.
“At sentencing, the prosecutor told the court that there was no evidence that the conduct at issue in this case impacted prices and noted that he was not aware of any other antitrust case that has been criminally prosecuted where the conduct had no effect on prices,” Barry Pollack, a Washington, D.C. attorney for Harwin, said in an email.
George Indest, president and managing partner of the Health Law Firm near Orlando which represents health care providers, said in an email that it is somewhat rare to see an individual actually convicted of a criminal anti-trust violation.
The case against Harwin was very complicated and the practice had paid $100 million in fines to the federal government, Indest said. The other $20 million was paid to the state.
“In a situation where a corporate officer as senior as Dr. Harwin receives a felony conviction which includes a criminal fine and the possible loss of his medical license, hopefully, this will still send a strong message to similar wrong-doers,” Indest said.
It is unclear what information the Department of Justice may have had regarding any personal financial gain that Harwin may have made for himself, Indest said.
“Additionally, (having) reviewed the case from outside, I did not see where there had been any harm to any individuals that could be proven,” Indest said. “It must be remembered that the anti-trust laws are there to prevent injuries to competition, not to individuals. I could not see where there had been much injury, if any, to competition as a whole.”
What does the future hold?
Harwin, who is retired, must notify the Florida Board of Medicine about his felony conviction and is likely to face disciplinary action that could include revocation of his license.
“Throughout his lengthy and extraordinary career, Dr. Harwin always held himself to the highest ethical standards and never intended to violate the law,” Pollack, Harwin’s attorney, said.
The judge ordered his passport be returned; Harwin said he is grateful to have it back and the ability to travel.
The sentence requires he provide his probation officer with advanced notice and the itinerary of any travel plans, according to court records.
The criminal charge against Harwin could have resulted in a maximum penalty of 10 years in prison and a fine of $1 million and damages.
This article originally appeared on Naples Daily News: Florida Cancer Specialists: Founder William Harwin sentenced
