JONES III JONATHAN NGUYEN4patientsafety.org/documents/Glazer, Robert Aaron 2020-02-13.pdf · Glazer...

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XAVIER BECERRA Attorney General of California E. A. JONES III Supervising Deputy Attorney General JONATHAN NGUYEN Deputy Attorney General State Bar No. 263420 California Department of Justice 300 So. Spring Street, Suite 1702 Los Angeles, CA 90013

Telephone: (213) 269-6434 Facsimile: (213) 897-2810

Attorneys for Complainant

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Automatic Suspension Order Against:

Robert Aaron Glazer, M.D. 8896 Lookout Mountain Ave. Los Angeles, CA 90046

. Physician's and Surgeon's Certificate No. A35818,

Respondent.

Case No. 800-2014-005625

NOTICE OF AUTOMATIC SUSPENSION OF LICENSE

[Bus. & Prof. Code, § 2236.1]

19 TO ROBERT AARON GLAZER, M.D.:

20 YOU ARE HEREBY NOTIFIED that the Medical Board of California, Department of

21 Consumer Affairs (Board), has automatically suspended Physician's and Surgeon's Certificate

22 No. A 35818 by operation of law after having received and reviewed a certified copy of the

23 record of convictions described below:

24 I. On or about June 24, 2014, the Medical Board received notice of the conviction and

25 sentencing in the case entitled United States of America v. Robert A. Glazer, case number 2:CR

26 14-00329-0DW, in the United States District Court, Central District of California. These

27 documents establish that on June 6, 2019, Robert A. Glazer, upon jury verdict, was convicted of a

28 violation of Title 18, United States Code, section 1349, conspiracy to commit health care fraud

(ROBERT AARON GLAZER, M.D.) NOTICE OF AUTOMATIC SUSPENSION OF LICENSE

and 12 (twelve) violations of Title 18 United States Code, section 1347, health care fraud.

2 2. On October 21, 2019, Robert A. Glazer was sentenced to 120 (one hundred twenty)

3 months of imprisonment in federal prison. Glazer was further ordered to pay restitution in the

4 amount of$1 l,959,702.48. Upon release from custody, Glazer was ordered to two years of

5 supervised release.

6 3. Following sentencing, Robert A. Glazer was remanded to the custody of the U.S.

7 Marshal. Glazer is scheduled to be released on October 21, 2029.

·8 4. Robert A. Glazer is incarcerated at the Federal Correctional Institute, Terminal Island

9 in San Pedro, California. The mailing address of Glazer is as follows: Robert A. Glazer 67739-

10 112, FCI Terminal Island, Federal Correctional Institution, P.O. Box 3007 San Pedro, California

11 90733.

12 5. The following documents support these findings, are attached hereto, and are

13 incorporated herein by reference:

14 Attachment A: Certified Copy of Judgement and Probation/Commitment Order

15 INCARCERATION: AUTOMATIC SUSPENSION

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6. Section 2236.1 of the Code states:

"(a) A physician and surgeon's certificate shall be suspended automatically during any time

that the holder of the certificate is incarcerated after conviction of a felony, regardless of whether

the conviction has been appealed. The Division of Medical Quality1 shall, immediately upon

receipt of the certified copy of the record of conviction, determine whether the certificate of the

physician and surgeon has been automatically suspended by virtue of his or her incarceration, and

if so, the duration of that suspension. The division shall notify the physiCian and surgeon of the

license suspension and of his or her right to elect to have the issue of penalty heard as provided in

this section.

"(b) Upon receipt of the certified copy of the record of conviction, if after a hearing it is

1 California Business and Professions Code section 2002, as amended and effective January 1, 2008, provides that, unless otherwise expressly provided, the term "board" as used in the State Medical Practice Act (Cal. Bus. & Prof. Code, §§2000, et seq.) means the "Medical Board of California," and references to the "Division of Medical Quality" and "Division of Licensing" in the Act or any other provision of law shall be deemed to refer to the Board.

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determined therefrom that the felony of which the licensee was convicted was substantially

2 related to the qualifications, functions, or duties of a physician and surgeon, the Division of

3 Medical Quality shall suspend the license until the time for appeal has elapsed, if no appeal has

4 been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise

5 become final, and until further order of the division. The issue of substantial relationship shall be

6 heard by and administrative law judge from the Medical Quality Panel sitting alone or with a

7 panel of the division, in the discretion of the division.

8 "(c) Notwithstanding subdivision (b), a conviction of any crime referred to in Section

9 223 7, or a conviction of Section 187, 261, 262 or 288 of the Penal Code, shall be conclusively

1 O presumed to be substantially related to the qualifications, functions, or duties of a physician and

11 surgeon and no hearing shall be held on this issue. Upon its own motion or for good cause

12 shown, the division may decline to impose or may set aside the suspension when it appears to be

13 in the interest of justice to do so, with due regard to maintaining the integrity of and confidence in

14 the medical profession.

15 "( d) (I) Discipline may be ordered in accordance with Section 2227, or the Division of

16 Licensing may order the denial of the license when the time for appeal has elapsed, the judgment

17 of conviction has been affirmed on appeal, or an order granting probation is made suspending the

18 imposition of sentence, irrespective of a subsequent order under Section 1203 .4 of the Penal Code

19 allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, setting

20 aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment.

21 "(2) The issue of penalty shall be heard by an administrative law judge from the Medical

22 Quality Panel sitting alone or with a panel of the division, in the discretion of the division. The

23 hearing shall not be had until the judgment of conviction has become final or, irrespective of a

24 subsequent order under Section 1203.4 of the Penal Code, an order granting probation has been

25 made suspending the imposition of sentence; except that a licensee may, at his or her option, elect

26 to have the issue of penalty decided before those time periods have elapsed. Where the licensee

27 so elects, the issue of penalty shall be heard in the manner described in this section at the hearing

28 to determine whether the conviction was substantially related to the qualifications, functions, or

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duties of a physician and surgeon. If the conviction of a licensee who has made this election is

2 overturned on appeal, any discipline ordered pursuant to this section shall automatically cease.

3 Nothing in this subdivision shall prohibit the division from pursuing disciplinary action based on

4 any cause other than the overturned conviction.

5 "(e) The record of the proceedings resulting in the conviction, including a transcript of the

6 testimony therein, 111ay be received in evidence.

7 "(f) The other provisions of this article setting f?rth a procedure for the suspension or

8 revocation of a physician and surgeon's certificate shall not apply to proceedings conducted

9 pursuant to this section."

1 O WHEREFORE, THE MEDICAL BOARD OF CALIFORNIA, DEPARTMENT

11 OF CONSUMER AFFAIRS, HEREBY NOTIFIES YOU THAT, by virtue of said conviction

12 and incarceration, Physician's and Surgeon's Certificate No. A 35818, issued to Robert Aaron

13 Glazer, M.D., was automatically suspended by operation of law, effective October 21, 2019,

14 pursuant to Business and Professions Code section 2236.1, subdivision (a).

15 Said suspension shall remain in effect while Robert Aaron Glazer, M.D. is

16 incarcerated, and shall continue thereafter until a hearing may be held pursuant to Business and

17 Professions Code section 2236. l, subdivisions (a) and (d)(2), or until further order of the Board.

18 Robert Aaron Glazer, M.D., shall cause to be delivered to the Board both his wall and

19 pocket license certificate within 15 days from the date of the service of this Order.

20 YOU ARE FURTHER NOTIFIED THAT you have a right to a hearing on the

21 issue of penalty, as provided by Business and Professions Code section 2236.1, subdivisions (a)

22 and (d)(2), as set forth above. A request for penalty hearing may be made by delivering or

23 mailing such a request to:

24 Ill

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Jonathan Nguyen, Deputy Attorney General, Department of Justice, Office of the Attorney

2 General, 300 South Spring Street, Suite 1702, Los Angeles, California 90013-1233. This notice

3 is being served by a designee of the Board upon Robert Aaron Glazer, M.D., at his address of

4 record and at his location of incarceration noted above.

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DATED:~ .. \'2>1 dD~ I

LA2019500908 12 54099070.docx

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Case 2:14-cr-00329-0DW Document 478 Filed 10/21/19 Page 1 of 6 Page ID #:7125

United State..'i District Court Central District of California

UNITED STATES OF AMERICA vs. Docket No. CR 14-00329-0DW

Defendant Robert A Glazer akas: ______________________________ ___

Social Security No . ...!.. _l_ ...!.. _Q_

(Last 4 digits)

JllDGi\IENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR In the presence of the attorney for the government, the defendant appeared in person on this date. Oct. 21 2019

COUNSEL I -----------------------------La __ wr __ e_nc_e_J~ay:.-L_it~m~an~·~p_a_ne_I __________________________ ___ (Name of Counsel)

PLEA I D GUILTY, and the court being satisfied that there is a factual basis for the plea. D NOLO D NOT CONTEND ERE GUJL TY

FINDING I There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Count lss: 18:1349 CONSPIRACY TO COMM1T HEALIB CARE FRAUD; Counts 3ss-4ss: 18:1349 CONSPIRACY TO COMM1T HEAL Tif CARE FRAUD; Counts 6ss-7ss: 18: 1349 CONSPIRACY TO COMMIT HEAL Tif CARE FRAUD; Count 9ss: 18: 1349 CONSPIRACY TO COMMIT HEAL Tif CARE FRAUD; Counts llss-17ss: 18: 1349 CONSPIRACY

--------- TOCOMM1THEALIBCAREFRAUD JUDGMENT AND PROB/

COMM ORDER

The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

120 months. This term consists of 120 months on each of Counts 1, 3, 4, 6, 7, 9, and 11 through 17 of the Second Superseding Indictment, to be served concurrently.

It is ordered that the defendant shall pay to the United States a special assessment of $1,300, which is due immediately. Any unpaid balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' hunate Financial Responsibility Program.

It is ordered that the defendant shall pay restitution in the total amount of $11,959,702.48 pursuant to 18 U.S.C. § 3663A.

The amount of restitution ordered shall be paid as follows:

Victim Amount

$11,959,702.48

CR-104 (wpd 10118) JUDGMENT & PROBATION/COMMITMENT ORDER Page 1


USA vs. Robert A Glazer Docket No.: CR 14-00329-0DW

stitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments_ of at least 10 percent of defendant's gross monthly income but not less than $100, whichever is greater, shall be made during the period of supervised release and shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the Court finds that the defendant's economic circumstances do not allow for either immediate or future payment of the amount ordered.

The defendant shall be held jointly and severally liable with codefendants Angela Avetisyan and Ashot Minasyan for $3,644,498.48 of the restitution ordered in this judgment and shall be held jointly and severally liable with codefendantMarinaMerino for $338,701.01 of the restitution ordered in this judgment. The victims' recovery is limited to the amount of its loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 u.s.c. § 3612(g).

~e defendant shall comply with General Order No. 18-10.

Pursuant to Guideline§ 5El.2(a), all fmes are waived as the Court finds that the defendant has established an inability to pay any fine.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of two years. This te:tm consists of two years on each of Counts 1, 3, 4, 6, 7, 9, and 11 through 17 of the Second Superseding Indictment, all such terms to run concurrently under the following terms and conditions:

1. The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services Office and General Order 18-10, including the conditions of probation and supervised release set forth in Section III of General Order 18-10.

2. During the period of community supervision, the defendant shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment.

~ The defendant shall not be employed in any position that requires licensing and/or certification by any local, state, or federal agency without the prior written approval of the Probation Officer.

CR-104 (wpd 10/18) JUDGMENT & PROBATION/COMMITMENT ORDER Page2


USA vs. Robert A Glazer Docket No.: CR 14-00329-0DW

4. The defendant shall not operate a business or be employed by a business that submits claims to Medicare or any other government program or agency for services.

5. The defendant shall cooperate in the collection of a DNA sample from himself.

6. The defendant shall apply all monies received from income tax refunds to the outstanding Court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding Court-ordered financial obligation.

The Court orders defendant to be housed at the Terminal Island facility.

The drug testing condition mandated by statute is suspended based on the Court's detennination that the defendant poses a low risk of future substance abuse.

Pursuant to 18 U.S.C. § 3553(a), the Court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The Court, in detennining the particular sentence to be imposed, shall consider --

I~ The nature and circumstances of the offense and the history and characteristics of the defendant; 2. The need for the sentence imposed --

a To reflect the seriousness of the offense; to promote respect for the law, and to provide just punishment for the offense;

b. To afford adequate deterrence to future criminal conduct; c. To protect the public from further crimes of the defendant; and d. To provide the defendant with needed correctional treatment in the most effective manner.

3. The kinds of sentences available; 4. The guideline sentencing range; 5. The need to avoid unwarranted sentence disparities among defendants with similar records who have been

found guilty of similar conduct. 6. The need to provide restitution to any victims of the offense.

CR-104(wpd 10118) JUDGMENT & PROBATION/COMMITMENT ORDER Page3


USA vs. Robert A Glazer 1

Docket No.: CR 14-00329-0DW

addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period pennitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

October21, 2019

Date

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitm t Order to the U.S. Marshal or other qualified officer.

October 21, 2019

Filed Date

Clerk, U.S. District Court

By Sheila English /s/

Deputy Clerk

The defendant must comply with the standard conditions that have been adopted by this court (set forth below).

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STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment:

The defendant must not commit another federal, state, or local crime; he defendant must report to the probation office in the federal judicial district of residence within 72 hours of imposition of a sentence of probation or release from imprisonment, unless otherwise directed by the probation officer; The defendant must report to the probation office as instructed by the court or probation officer; The defendant must not knowingly leave the judicial district without first receiving the permission of the court or probation officer; The defendant must answer truthfully the inquiries of the probation officer, unless legitimately asserting his or her Fifth Amendment right against self-incrimination as to new criminal conduct; The defendant must reside at a location a1)proved by the probation officer and must notify the probation officer at least 10 days before any anticipated change or within 72 hours of an unanticipated change in residence or persons living in defendant's residence; The defendant must pennit the probation officer to contact him or her at any time at home or elsewhere and must permit confiscation of any contraband prohibited by law or the terms of supervision and observed in plain view by the probation officer; The defendant must work at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons and must notify the probation officer at least tel'! days before any change in employment or within 72 hours of an unanticipated change;

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The defendant must not knowingly associate with any persons engaged in criminal activity and must not knowingly associate with any person convicted of a felony unless granted permission to do so by the probation officer. This condition will not apply to intimate family members, wiless the court has completed an individualized review and has determined that the restriction is necessary for protection of the commwiity or rehabilitation; The defendant must refrain from excessive use of alcohol and must not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician; The defendant must notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer; For felony cases, the defendant must not possess a firearm, ammunition, destructive device, or any other dangerous weapon; The defendant must not act or enter into any agreement with a law enforcement agency to act as an informant or source without the permission of the court; As directed by the probation nfficer, the defendant must notify specific persons and organizations of specific risks posed by the defendant to those persons and organizations and must permit the probation officer to confirm the defendant's compliance with such requirement and to make such notifications; The defendant must follow tbe instructions of the probation officer to implement the orders of the court, afford adequate deterrence from criminal conduct, protect the public from further crimes of the defendant; and provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.


• Case 2:14-cr-00329-0DW Document 478 Filed 10/21/19 Page 5 of 6 Page ID #:7129 flfendant must also comply with the following special conditions (set forth below).

STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(l). Payments may be subject to penalties for default and delinquency under 18 U .S.C. § 36 l 2(g). Interest and penalties pertaining to restitution, however, are not applicable for offenses completed before April 24, 1996.

If all or any portion of a fine or restitution ordered remains unpaid after the tennination of supervision, the defendant must pay the balance as directed by the United States Attorney's Office. 18 U.S.C. § 3613.

The defendant must notify.the United States Attorney within thirty (30) days of any change in the defendant's mailing address or residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).

The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k). The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust the mannerofp!lymentofa fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C. § 3563(a)(7).

Payments will be applied in the following order:

I. Special assessments under 18 U.S.C. § 3013; 2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all non-federal victims must be paid before the United

States is paid):

3. Fine;

Non-federal victims (individual and corporate), Providers of compensation to non-federal victims, The United States as victim;

4. Community restitution, under 18 U.S.C. § 3663(c); and 5. Other penalties and costs.

CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS

As directed by the Probation Officer, the defendant must provide to the Probation Officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement; with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan or open any line of credit without prior approval of the Probation Officer.

The defendantmustmaintain one personal checking account. All of defendant's income, "monetary gains," or other pecuniary proceeds must be deposited into this account, which must be used for payment of all personal expenses. Records of all other bank accounts, including any business accounts, must be disclosed to the Probation Officer upon request.

The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of$500 without approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.

These conditions are in addition to any other conditions imposed by this judgment.

CR-104 (wpd 1011&) JUDGMENT & PROBATION/COMMITMENT ORDER Pages

at

Case 2:14-cr-00329-0DW Document 478 FUed 10/21119 Paae 6 of 6 Page ID #:7130 tJSA vs. Robert A Glazer Docket No.: CR,4-00329-0DW

~~~~~~~~~~~~~~~~~

RETURN

I have executed the within Judgment and Commitment as follows:

Defendant delivered on

Defendant noted on appeal on

Defendant released on

Mandate issued on

Defendant's appeal detennined on

Defendant delivered on

to

to

the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal

By

Date Deputy Marshal

CERTIFICATE

hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my legal custody.

Clerk, U.S. District Court

By

Filed Date Deputy Clerk

FOR U.S. PROBATION OFFICE USE ONLY

Upon a finding of violation of probation or supervised release, I understand that the court may (I) revoke supervision, (2) extend the tenn of supervision, and/or (3) modify the conditions of supervision.

These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.

(Signcd)---------------Defendant

U.S. Probation Officer/Designated Witness

Date

Date


I hereby attest and certify or(_~ th<Jt tri;~ ic;regoing document is a full. !rue and co11ect copy ot the original on file in my office, and in my legal custody.

CLERK U.S. DISTRICT COURT

~L~ DEPUTY CLERi< 1196

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