Paulus may have known about evidence, feds say
Sep. 29—ASHLAND — Federal prosecutors have batted back against Dr. Richard Paulus' attempt to have his charges thrown out, claiming the doctor knew about the evidence he used to have his conviction reversed in the first place.
According to a motion filed last week, Paulus' attorneys were informed in June 2012 about the results of a study conducted by King's Daughters Medical Center that showed roughly 25% of 1,050 heart stents he performed were medically unnecessary.
Paulus was indicted in 2015 on charges that he performed unnecessary heart stents in order to bilk Medicare and Medicaid out of money.
That study, according to prosecutors, was later used as the basis of the Shields Letter, which stated only 7% were unnecessary. That letter was used in 2020 to have his conviction overturned, after it was argued prosecutors withheld it prior to his 2016 trial.
The new revelations come as prosecutors argued against Paulus' latest bid to have his charges dismissed on the basis of the recent U.S. Supreme Court ruling in Ruan v. United States.
Prosecutors have argued that Ruan has nothing to do with Paulus' case, because the aforementioned case is related to the controlled substances act, while Paulus' case deals with health care fraud.
"In sum, Paulus' arguments about Ruan's application to this case, and his false narrative about the anticipated trial evidence, should be rejected. A jury must decide the question of Paulus' fraudulent intent," prosecutors wrote.
Attorneys for the doctor have until early October to file a reply.
(606) 326-2653 — henry@dailyindependent.com
