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Crime & Misconduct by VA Doctors, Surgeons, Nurses, Health Care Providers & Officials

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FBI Seal

U.S. Department of Justice

Federal Bureau of Investigation


Press Release

400 South Tryon Street
Charlotte, North Carolina 28285

December 14, 2005

 

MURDER VICTIM IDENTIFIED IN FAYETTEVILLE VETERANS HOSPITAL SHOOTING

 

Charlotte, NC – The FBI Fayetteville Resident Agency today released the identity of the victim in the fatal shooting at the Fayetteville Veterans Administration Hospital Monday. 

            Linda Leviton, also known as Linda Faye Owens, 38, died from gunshot wounds.  She was employed as a pharmacist at the hospital

           The murder took place Monday evening in the VA hospital pharmacy.  The suspect, Arthur James Charland, Jr., 42, was employed as a pharmacy technician at the hospital. Charland was arrested by the FBI and has been charged with first degree murder.  He is currently in the custody of the U.S. Marshals Service and awaiting a scheduled court appearance for Monday, 19 December, in Raleigh.

             Charland allegedly entered the VA hospital with a 12 gauge shotgun, went to the pharmacy and confronted Leviton.  Charland fired at approximately 3-4 rounds, killing Leviton.  Charland then went to the VA hospital police, turned himself in and subsequently brought them to the crime scene.  An emergency room doctor at the hospital responded and determined Leviton’s death.

            The FBI, Fayetteville Police Department and the VA hospital police conducted the investigation that led to the charges.

              Further information will be provided when available.

 

Drug Diversion

A grand jury returned indictments charging three nurses from the same VAMC with unrelated instances of possession of a controlled substance by misrepresentation fraud. An OIG investigation disclosed that one nurse diverted approximately 6,500 milligrams of Oxycodone from the VAMC’s transitional care unit for personal use for 30 months. She resigned her position after confessing her guilt. The second, who had worked at the VAMC as a contract nurse, diverted Demerol from the hospital’s acute care ward. The third diverted morphine sulfate and methadone pills from the VAMC’s transitional care unit for personal use. VA terminated the third nurse’s employment as a result of this investigation.

Reno Gazette-Journal, Reno, NV October 26, 2004

An OIG investigation determined that a licensed VA vocational nurse diverted approximately 5,600 doses of Vicadin and Tylenol 3 from a

VAMC for personal use over a 3-year period. She resigned from her position in lieu of termination. The nurse had been sentenced to 6 months’ house arrest and 3 years’ probation after pleading guilty to obtaining a controlled substance by fraud/misrepresentation.

A former VAMC pharmacist was sentenced to 2 years’ probation and ordered to pay a $2,000 fine after pleading guilty to possession of a controlled substance. An OIG investigation disclosed that the pharmacist stole Methadone and Oxycodone tablets from the prescriptions of VAMC patients.

Health Care Fraud

An OIG investigation determined that the managing partner of an oxygen and medical equipment company engaged in a scheme to defraud VA through the unauthorized use of a Government credit card obtained while doing business with a VAMC, and submitted $88,000 in false charges. He pled guilty to wire and bank fraud, and was sentenced to 3 years’ incarceration and 6 months’ home confi nement, to be followed by 3 years’ probation.

Embezzlement

An OIG investigation resulted in a former VAMC employee, the local union treasurer, being sentenced to 6 months’ house arrest, 3 years’ supervised release, and ordered to make restitution of $46,408 for embezzling union funds.

Operation Clean-Up

The area ringleader of a local drug distribution gang operating in and around a VAMC was sentenced to 50 years’ imprisonment following his conviction on charges of conspiracy to distribute cocaine and possessing a fi rearm during a drug trafficking crime. The ringleader’s sentence was the result of a joint investigation

20

Employee Theft

A joint OIG, VA police, and HHS OIG investigation determined that a former VAMC dental resident stole VA dental equipment and sold it on eBay. As part of the plea agreement, the dentist was required to surrender his DEA controlled substance privilege. He was convicted of health care fraud, sentenced to 5 years’ probation, and fined $13,117.

In October 2004, a VAMC nurse supervisor took 20 doses of the VA’s flu vaccine from the community-based outpatient clinic (CBOC) where she worked, during a nationwide shortage of those medical supplies. A co-conspirator

administered the stolen vaccine by injection in a McDonald’s parking lot to people who were not entitled to receive it. Following a joint investigation between OIG, VA police, and HHS OIG, the nurse was indicted for theft from a health care benefit program.

Drug Diversion

 

An individual was sentenced to 12 months’ imprisonment after pleading guilty to charges of theft of Government property. A joint VA OIG, FBI, and VA police investigation revealed the individual entered a VAMC pharmacy under the pretext of a student conducting research and stole 298 oxycodone tablets and 83 morphine sulfate tablets from a controlled narcotics cage inside the pharmacy. Additionally, the individual took a bottle of methaldolpa from the general area in the pharmacy.

 

 

Distribution of Controlled Substances

 AVA nurse was indicted for distributing fentanyl, a controlled substance, after an investigation determined the nurse provided this synthetic form of morphine to a co-worker who subsequently died due to a lethal dose of the drug. The nurse confessed to providing the fentanyl to her co-worker the day prior to his death. She also admitted to tampering with evidence at the crime scene.

 A defendant was sentenced to14 years’ imprisonment after pleading guilty to aiding and abetting the distribution of cocaine base within 1,000 feet of a playground. A second defendant

OIG investigators determined a VAMC nurse provided Fentanyl (synthetic morphine) to a co-worker who subsequently died from a lethal dose of the drug. The nurse was sentenced to 1 year’s incarceration and 3 years’ probation.

was also sentenced to 30 years’ imprisonment for conspiracy to distribute controlled substances in excess of 50 grams, possession with intent to distribute cocaine base, and possessing the drug within 1,000 feet of a playground. These two defendants were part of a group of 17 individuals, including VAMC workers and patients, investigated by the VA OIG, the Drug Enforcement Administration, and a local drug task force.

 The VA OIG and VA police arrested a VA employee for the distribution of a controlled substance at a VAMC. The housekeeping aide was caught selling two grams of cocaine to another VA employee and later confessed to distributing cocaine and marijuana to several VA employees in exchange for cash and OxyContin.

 

An individual was sentenced to serve 9 years’ imprisonment after pleading guilty to one count each of theft and computer fraud. An investigation revealed the individual was previously employed by a university medical center, which was affiliated with a VAMC and a consortium of other local health care facilities. Over a 7-year period, the individual embezzled $931,497 from consortium members, including the VAMC.

Richard Williams, VA Nurse Charged in the Death of 10 Patients

 

An intensive review of selected files by investigative, medical, and forensic specialists identified 13 highly suspicious deaths that had occurred at the VAMC for patients under the care of the nurse. During the investigation, exhumations and autopsies of patients who had died while at the VAMC were conducted. However, the autopsies and subsequent laboratory tests failed to identify a manner or means of death. Subsequently, with the advent of new advanced forensic testing and modern technologies, new laboratory tests disclosed the presence of succinylcholine in the deceased patients. After extensive review of medical records, it was determined that none of the ten veteran patients was legally administered succinylcholine, or had a reason to have taken the drug. The investigation is continuing.

 

16

 

Patient Abuse Ignored and Inappropriate Patient Care at Alabama VA

 

...We substantiated this allegation. On the August 18, 1995 evening tour of duty, a registered nurse found an East Campus Nursing Home Care Unit patient in his wheelchair. The wheelchair was tied to a side rail in the dayroom. His body was restrained, and he was soiled with feces and urine. The nurse also noted that the right side of the patient’s face and his right eye had an estimated 2 to 3 day-old laceration and bruise. The nurse wrote a memorandum to the nurse manager, but did not record her findings in the patient’s medical record. The CAVHCS Director convened an Administrative Board of Investigation on August 23, 1995. The board sustained the allegation that physical abuse occurred. Board members could not, with certainty, identify the abuser(s), but they strongly suspected that two particular nursing employees were responsible, because they had been assigned to the patient on August 16, and these two employees were the first
ones to notice the bruises, but did not report them. The CAVHCS Director wrote a memorandum to the Regional Director regarding this case, stating his intent to discipline a nursing assistant, two registered nurses, a licensed practical nurse, and a medical doctor because: The two employees did not report the bruises that they noted. A Nurse Supervisor and Manager did not fulfill their supervisory roles. A physician told the nurse not to report the abuse.
As of November 13, 1997, only one nursing assistant had received a disciplinary action. The other employees were not disciplined as planned. According to a human resources specialist, Nursing Service managers did not want to discipline the registered nurses if the physician was not also disciplined. The Chief of Staff did not discipline the physician. We did not find any evidence that the Director followed up on these disciplinary issues. Therefore, the facility failed to act appropriately on a confirmed allegation of patient abuse.....

....We received allegations, which we substantiated, involving eight instances of inappropriate patient care at the East and West Campuses. We found that, in three cases, clinicians should have admitted West Campus patients for care sooner. We found that quality managers at both campuses had appropriately identified and reviewed most cases brought to OHI’s attention, when the cases met the criteria for VHA’s occurrence screening program. The occurrence screening process was generally well done except that clinical managers did not always aggressively follow findings related to issues of inappropriate physician performance.VA OIG Report September 29, 1998

GAO Study Finds VA Health Care: Improved Screening of Practitioners Would  Reduce Risk to Veterans

 

....In 1993, Dr. Michael Joseph Swango entered the VA health care system as a medical resident, although before entering the residency program he had been convicted and imprisoned for 2 years for aggravated battery against his fellow employees. Dr. Swango had admitted to medical school officials that he had a prior arrest and conviction, but lied about the nature of the crime. In 2000, he pleaded guilty to murdering three veterans at the VA facility located in Northport, New York, and received a sentence of three consecutive life terms without the possibility of parole. In another case, in 2000, events at the VA facility in Albany, New York, raised concerns about VA's process for checking the credentials of individuals employed at its facilities. VA hired a research assistant to help administer several cancer studies. The research assistant had lost his medical license because he had forged his medical credentials. Once at VA, the research assistant allegedly falsified data that were used to qualify veterans for cancer studies, and this may have resulted in the untimely deaths of several veterans. In 2003, the researcher was indicted in federal court on charges including manslaughter, criminally negligent homicide, and fraud.

...In the four facilities we visited, we found mixed compliance with the existing key VA screening requirements. All facilities generally checked the professional credentials of practitioners periodically for continued employment. However, they were less compliant in checking the professional credentials of applicants that they intended to hire. Furthermore, VA facilities varied in how quickly they took action after obtaining the results of background investigations. During the site visit at one facility, we discovered returned background investigation results that were over a year old but had not been reviewed. We brought them to the attention of facility officials, who reviewed the reports and then terminated a nursing assistant who had been fired by a previous employer for patient abuse. Although VA established an office more than a year ago to perform oversight of human resources functions, including whether its facilities comply with these key screening requirements, it has not started these reviews. There is no VA policy outlining the human resources program evaluations to be performed by this office, and the resources have not been provided to support the functions of this office.....


GAO report number GAO-04-566  March 31, 2004.

Deputy VA Under Secretary  for Health Policy Coordination Admits to Congress that VA has hired 21 Employees on list of employees to be excluded from Federal employment and that 4 out 4 hospitals  inspected, did not comply with VA employee screening policies.

Before the

Subcommittee on Oversight and Investigations

Committee on Veterans’ Affairs

U. S. House of Representatives

Hearing on

VA’s Procedures for Background Checks and Credentialing

 

March 31, 2004

 

 

...The GAO has found that none of the four facilities reviewed complied with all of the key VA screening requirements and recommended that we conduct oversight to help ensure that VA facilities comply with these requirements for applicants and current employees.  In light of these findings and recommendations, we are establishing monitors and other mechanisms to ensure full compliance with these policies and procedures.  By the end of May 2004, long-range goals will be in place for continuing and improving compliance with federal regulations and VA policies on suitability issues and providing comprehensive guidance and education to VA employees and managers.

Overdue Investigations

Beginning earlier this month, VA medical facilities received access to information on unadjudicated investigations.  We are providing the facilities electronic lists of completed investigations upon which they must take immediate action.  We are instructing our facilities to report to the Under Secretary for Health on the status of all overdue investigations by April 9, 2004.  We have also issued them instructions to ensure that all involved HR staff understand their responsibilities, and that actions related to background checks and investigations are processed on a timely basis and appropriately documented.  Additionally, we are requiring weekly reports until all actions have been completed and all investigations have been submitted, and Network coordinators will continue to monitor submission of the required reports.

 

Fingerprint Checks

GAO also recommended that VA require fingerprint checks for all health care practitioners who were previously exempted from background investigations and who have direct patient care access.  I am pleased to report, Mr. Chairman, that on March 11, 2004, VHA’s National Leadership Board had approved a requirement that electronic fingerprint checks be extended to VHA paid and without-compensation employees, trainees, volunteers, and contractors.  VA will begin fingerprinting trainees during the 2004-05 academic year and we expect full implementation of the recommendation during the first quarter of calendar year 2005.

 

Oversight and Effectiveness Service

VA is also establishing an Oversight and Effectiveness Service (OES) in the OHRM that will monitor the implementation of human resources policies and procedures.  This oversight program will provide facilities the tools to conduct self-assessments of key human resources programs, which are then reviewed by OHRM.  In addition, they will conduct reviews of specific cases when individual circumstances so warrant.  We expect that the policy authorizing the OES to engage in activities and conduct reviews to be implemented by the end of April 2004.

 

List of Excluded Individuals and Entities

Public Law 105-33 authorizes the HHS Inspector General to exclude certain individuals and entities from all Federal healthcare programs by placing them on the List of Excluded Individuals and Entities (LEIE).  VA employment policy requires that all selectees for positions funded by VA’s healthcare program be screened against the LEIE.  VA also matches current VHA employees in VA’s employment database with individuals on the LEIE on a monthly basis.  When current employees are identified as being on the LEIE, field facilities are instructed to initiate action to separate these employees.  VHA is attempting to develop a comparable automated process to review contractors and vendors on an ongoing basis.  Since November 2002, we have identified 24 individuals as “potential matches” with individuals on the LEIE.  Of these, 15 have been terminated; two were not confirmed as VA employees; two resigned; three have been reinstated; and two are in the process of being terminated by the employing facility.

 

Gainesville VA Managers Have Two Nude Exotic Dancers Perform at VA Medical Center to Celebrate Manager's Birthday

Veterans Administration Medical Malpractice-What would Abe do?WWAD?

FOR OFFICIAL USE ONLY
Public Availability To Be
Determined By 5 U.S.C. 552

 

JUN 3, 1998
Robert Roswell, M.D.
Director (10N8)
Veterans Integrated Service Network
P.O. Box 5007
Bay Pines, Florida 33744

Subject: Special Inquiry, Alleged Misconduct by Employees at the VA Medical Center, Gainesville, Florida, Report No. 8PR-G03-110

Introduction

The Department of Veterans Affairs (VA) Office of Inspector General (OIG) reviewed an allegation that two female exotic dancers were brought to the office of ... at the VA Medical Center in Gainesville, Florida, to perform in the nude, and that the performance was videotaped. The complainant further alleged that the tape was shown to other staff over the next several days.

OIG Special Agents in the Office of Investigations conducted the review in coordination with the Medical Center’s Police and Security Service. The reviewers interviewed the...and the..., and obtained and viewed the tape of the incident. They substantiated the allegation. Since the Office of Investigations found no criminal statutes were violated, they referred the matter to the Hotline and Special Inquiries Division for appropriate administrative review.

Results of Review

On April 20, 1998, ..., hired two female exotic dancers to perform in the nude for ..., as a birthday surprise. The dancers performed in... office at the Medical Center, with several employees, including the, in attendance. The performance was videotaped and still photographs were taken of the event, which lasted over 30 minutes. Neither ...nor anyone else in attendance attempted to stop the performance.

On April 23, OIG Special Agents interviewed the ... At that time, ... denied knowledge of the performance and the videotape, and denied knowledge of others being permitted into ... office to view the tape. However, the following day, ... acknowledged to a Police and Security Service officer that she had not been truthful. She stated that the incident was videotaped and that she allowed others access to ... office, with his knowledge, to view the tape. The original tape was subsequently turned in to Police and Security Service officers, who then provided it to the OIG.

On May 11, 1998, ...hand-delivered proposed admonishments to ... and ... was charged with conduct unbecoming a Federal employee for allowing the exotic dancers to perform in the nude on VA property. The proposed admonishment stated that, as a ... should be a role model and conduct himself in a professional manner at all times, especially during duty time and on government premises.

 

... was charged with misconduct and conduct unbecoming a Federal employee for hiring the dancers. The proposed admonishment given to him stated that his conduct violated the Standards of Ethical Conduct for Employees of the Executive Branch and the principles of the "Medical Center Values." The proposed admonishment further stated that ...conduct was not acceptable and was "detrimental to the maintenance of discipline, employee morale, good conduct and mission accomplishment."

...was charged with disrespectful conduct and misstatement of material fact in connection with an investigation. The proposed admonishment stated that her behavior was unacceptable and "detrimental to the maintenance of discipline, employee morale, good conduct and mission accomplishment."

We believe the managers and employees involved in orchestrating and videotaping this incident showed poor judgment. They not only exhibited disregard for the embarrassment of their fellow employees, they gave no consideration to the potential damage the Medical Center and VA would suffer should this incident become public.

We discussed the matter with Medical Center management and they assured us that the proposed administrative actions against ... would be accomplished. We will follow-up until all the proposed actions are completed.

(Original signed by)
JON A. WOODITCH
Assistant Inspector General for
   Departmental Reviews and Management Support
June 3, 1998 VA OIG Special Report

 

Uncredentialed Physicians Treat Veterans at South Bend Indiana VA

...Allegation No. 2:  That two particular HMO clinicians were not credentialed and  privileged by the NIHCS. 
The allegation was substantiated.  We reviewed CBOC documentation for patient encounters for a physician and a nurse practitioner (NP) for the period from January 1999  to June 2000.  We also reviewed credentialing and privileging information for both  individuals.  Neither practitioner had been granted privileges to treat VA patients, even  though they had been treating veterans during the 18-month period.   
    When asked why the physician had been allowed to treat veterans even though the
NIHCS had not granted privileges to do so, HMO employees stated that the physician had been granted a waiver. They presented an undated, unsigned document as evidence of a meeting that had occurred at the HMO at which this issue was discussed.  The document was entitled ?VA Project Update? and stated that the physician ?had been granted a waiver by VA and will be allowed to treat veterans; credentialing should be done by the end of next week.?  Content suggested that the document was generated prior to the point that the physician began treating VA patients. 
    No one from the NIHCS or the HMO could recall who might have awarded this waiver.  The NIHCS Chief of Staff and the Chief of Patient Care Support Services stated that they were unaware that uncredentialed providers were seeing patients until approximately 6 weeks prior to this review in August 2000.  However, we had discussed this issue with top managers during the March 2000 CAP review and in the May 2000 report of that review.  NIHCS staff finally completed the physicians credentialing and privileging processing on August 3, 2000.  Thus, we are not making a recommendation, although we note that it took approximately five months to correct a relatively simple problem.

Battle Creek, MI VA Ignores VA's Requirement to Report Substandard Medical Practice to NPDB

Combined Assessment Program Review of the VA Medical Center Battle Creek, Michigan  events and close calls, and RCA documentation needed to reflect the extent that recommendations were implemented and monitored for effectiveness. Reporting.  VHA policies require that adverse actions affecting clinicians? clinical privileges (reductions, suspensions, or revocations) be reported to the NPDB and to appropriate state licensing boards.  Credentialing and privileging records showed that a contract physician was allowed to resign in January 2004 in lieu of contract termination for substandard clinical  performance.  The physician's VA clinical supervisor stated that a review of the physician's  performance had not been conducted to determine if he met criteria for reporting to the NPDB  and to appropriate state licensing boards.  This occurred because the clinical supervisor was unaware of VHA's reporting requirements.  Medical center managers needed to conduct a review of the physician's performance to determine if the physician should be reported to the NPDB and to appropriate state licensing boards.  In addition, medical center managers needed to educate clinical supervisors about VHA reporting requirements.  RCA Reviews.  VHA policies require that root causes underlying variations in clinical performance associated with adverse patient events or close calls be identified through an RCA process.  From January through December 2003, 3 individual RCAs and 4 quarterly aggregated RCAs were conducted.  None of the three individual RCAs identified appropriate root causes  for the events being investigated.  None of the four quarterly aggregated RCAs adequately identified root causes, defined improvement actions, or established measurable outcomes.  In  addition, RCA documentation was not sufficient to show that recommended improvements were implemented and monitored for effectiveness. VA OIG July 30, 2004
 

 Alabama VA Management Fails to Discipline Health Care Providers Involved in Confirmed Patient Abuse Patient


....We substantiated an allegation that an East Campus patient was physically abused, and no one was disciplined.  We received other allegations of patient abuse at both the East and West Campuses, which we did not substantiate.
Allegation 1:      A patient was physically abused at the East Campus, and no one was disciplined.
We substantiated this allegation.  On the August 18, 1995 evening tour of duty, a registered nurse found an East Campus Nursing Home Care Unit patient in his wheelchair.  The wheelchair was tied to a side rail in the dayroom.  His body was restrained, and he was soiled with feces and urine.  The nurse also noted that the right
side of the  patient's face and his right eye had an estimated 2 to 3 day-old laceration and bruise.  The nurse wrote a memorandum to the nurse manager, but did not record her findings in the patient's medical record.
The CAVHCS Director convened an Administrative Board of Investigation on August 23, 1995.  The board sustained the allegation that physical abuse occurred. Board members could not, with certainty, identify the abuser(s), but they strongly suspected that two particular nursing employees were responsible, because they had been assigned to the  patient on August 16, and these two employees were the first ones to notice the bruises, but did not report them. The CAVHCS Director wrote a memorandum to the Regional Director regarding this case, stating his intent to discipline a nursing assistant, two registered nurses, a licensed practical nurse, and a medical doctor because:
?   The two employees did not report the bruises that they noted.
?   A Nurse Supervisor and Manager did not fulfill their supervisory roles.
?   A physician told the nurse not to report the abuse.

As of November 13, 1997, only one nursing assistant had received a disciplinary action. The other employees were not disciplined as planned.  According to a human resources specialist, Nursing Service managers did not want to discipline the registered nurses if the physician was not also disciplined.  The Chief of Staff did not discipline the
physician.  We did not find any evidence that the Director followed up on these disciplinary issues.  Therefore, the facility failed to act appropriately on a confirmed allegation of patient abuse.

VA OIG September 29, 2003

Eastern Kansas VA Fails to Report Doctors to NPDB March 25, 2005

Quality Management – Controls Needed Strengthening
Condition Needing Improvement. QM controls needed strengthening to ensure:
• Physicians involved in tort claim settlements were reported to the National Practitioner Data Bank.1
• Resuscitation data was collected and evaluated.
• Patient complaints were reported to the Performance Improvement Leadership Council for recommendations and actions.
Tort Claim Settlements. The Credentialing and Privileging Coordinator did not have access to the National Practitioner Data Bank to ensure the health care system was in compliance with national reporting requirements. In March 2004, the coordinator contacted VISN 15 requesting access to the data bank, but as of July 2004 she still did not have access. As a result, health care system managers did not report three physicians who were involved in tort claim settlements.
Resuscitation Events. The Intensive Care Unit (ICU) Advisory Committee did not analyze resuscitation events. Joint Commission on Accreditation of Health Care Organization standards require medical facility managers to collect data and evaluate the effectiveness of resuscitation events to identify opportunities to improve patient care. The ICU Advisory Committee met quarterly and received a brief summary of resuscitation events but did not analyze the data to identify trends by location, time, provider, and problem.
Patient Complaints. The patient representative did not report patient complaints to the Performance Improvement Leadership Council. The representative did collect and trend patient complaints but made no recommendations and took no actions to improve performance and services related to patient complaints.
Recommended Improvement Action 1. We recommended that the VISN Director ensure that the Health Care System Director: (a) obtains the required access to the National Practitioner Data Bank for the Credentialing and Privileging Coordinator; (b) requires the ICU Advisory Committee to collect and evaluate resuscitation events by location, time, provider, and problem; and (c) provides patient complaints to the Performance Improvement Leadership Council for appropriate actions.
1 The National Practitioner Data Bank is primarily an alert or flagging system intended to facilitate a comprehensive review of health care practitioners’ professional credentials.
VA Office of Inspector General 4
Combined Assessment Program Review of the VA Eastern Kansas Health Care System
The VISN and Health Care System Directors agreed with the findings and recommendations. The health care system assigned the QM and Performance Improvement Coordinator to coordinate tort claim management in July 2004. In October 2004, the coordinator applied for and received entity registration verification from the National Practitioner Data Bank. All resuscitative events are evaluated for quality assurance and opportunities to improve patient care. The results of the analysis, which include locations, time, provider and problems, are forwarded to the ICU Committee for review and recommendations.

 

Dallas VA Nurse Convicted of Stealing Narcotics from Dallas VA

 

...John McDermott, Special Agent in Charge, Department of Veterans Affairs, Office of Inspector General (VA OIG), announced today that Ursula Magee-Session was sentenced to 3 years probation in US District Court for the Northern District of Texas, located in Dallas, TX, for knowingly and intentionally acquiring Schedule II Controlled Narcotics by deception. She was also ordered to participate in a drug treatment program.
 
McDermott stated the conviction resulted from a joint investigation conducted by his South Central Field Office and the VA Police Services, Dallas, Texas. From October 2002 thru January 2003, Magee-Session diverted Loritab, Oxycodone, and Percocet for her personal use. She removed controlled substances from the VA Medical Center under the name of deceased, discharged, or admitted veterans  May 27, 2004 VA OIG

Dallas VA Employee Convicted of Sexual Intercourse With a 14 Year Old Visitor at the Dallas VAMC

...John McDermott, Special Agent in Charge, Department of Veterans Affairs (VA), Office of Inspector General (OIG), announced today that in the 203rd District Court of Dallas County, TX, located in Dallas, TX, Tony G. Douglas entered a plea of guilty to one count of Sexual Assault on a Child.
 
McDermott stated that the plea resulted from an investigation by his Dallas, Texas Field Office. During the summer of 2002, while Douglas was employed at the VA Medical Center in Dallas, TX (VAMC), he engaged in sexual intercourse with a 14-year-old girl while she visited the VAMC. Douglas was 33 years old at the time. As a result of the assault, the victim became pregnant and delivered a baby in May 2003. A Deoxyribonucleic Acid (DNA) test proved that Douglas was the father.
 
McDermott advised that Douglas was ordered to serve ten years on probation and pay a fine of $2,000 as well as $350 attorney fees. Douglas was also ordered to perform 320 hours of Community Service and submit to a urinalysis test once a year.
 
McDermott remarked that Douglas must also terminate his parental rights to the child and register as a Sex Offender. Douglas must also participate in a sex offender counseling program and participate in a Safe Neighborhood Training session. VA OIG April 29, 2004

Austin VA Physician Convicted of Sexually Assaulting Patients at Austin VAMC

John McDermott, Special Agent in Charge, Department of Veterans Affairs, Office of Inspector General (VA OIG), announced today that in the 299th Judicial District Court of Travis County, TX, Dr. Gregory S. Vagshenian was convicted of assaulting three of his patients. Vagshenian was found guilty of nine counts of simple assault and was acquitted of the greater charges of sexual assault by a mental health services provider. Judge Jon Wisser announced the guilty verdict and will sentence Vagshenian on March 22, 2004.
 
McDermott stated the conviction resulted from a joint investigation conducted by VA OIG Special Agents and Healthcare Inspectors; the VA Temple Police; and other State and Local Law Enforcement Officers. VA Psychiatrists also assisted in the investigation and noted Forensic Psychiatrist Dr. Thomas Gutheil provided expert testimony at the trial.
 
From April 1993 to May 2001, Dr. Vagshenian was employed as a Psychiatrist at the VA Austin Outpatient Clinic, located in Austin. The victims testified Vagshenian performed unwanted sexual acts on them under the guise of a routine physical exam. A OIG February 19, 2004

Austin, Texas VA Psychologist Pleads Guilty to Sexually Assaulting His Patients at Austin VA Outpatient Clinic

John McDermott, Special Agent in Charge for the Department of Veterans Affairs (VA) Office of Inspector General (OIG) announced today that five (5) separate Informations were filed in the 299th District Court of Travis County, Texas, located in Austin, TX. Dr. Gregory Vagshenian was charged with Sexual Assault under Texas Penal Code §22.011. Dr. Vagshenian had been previously indicted for sexual assault by a Travis County Grand Jury. Dr. Vagshenian will be required to surrender himself to the court to answer the charges.


    McDermott stated that the case against Dr. Vagshenian resulted from a joint investigation between his South Central Field Office, in Dallas, TX, and the Austin, TX, Police Department Sex Crimes Detail. While employed at the VA Out-Patient Clinic in Austin, TX, Dr. Vagshenian sexually assaulted veteran patients under his care. The case is set to go to trial on December 15, 2003.

VAOIG October 17, 2003

 

Amarillo, Texas VA Nurse Convicted for Stealing Pain Medication from Patients at VAMC Amarillo

John McDermott, Special Agent in Charge, U. S. Department of Veterans Affairs (VA) Office of Inspector General (IG), announced today that on November 12, 2003, in Federal District Court, Lubbock, TX, Lynda Wattenbarger, RN was arraigned on charges of theft of pharmaceutical drugs, in which she entered a plea of guilty. She was immediately sentenced to serve 3 years probation. As per the plea agreement, Wattenbarger will be required to voluntarily surrender her nursing license for the period of probation and participate in a drug rehabilitation program.
 
McDermott stated that the charges and resulting sentencing were the culmination of investigative efforts by his Houston Resident Agency and the VA Police at the VA Medical Center, Amarillo, TX. The information disclosed that Wattenbarger, formerly employed as a ward registered nurse, was intercepting hydrocodone for her own use for at least one year. These drugs had been prescribed to local veterans seeking treatment at the VA Medical Center in Amarillo, TX. Complaints from veteran patents about missing prescriptions prompted the investigation OIG Nov 12, 2003

Seattle VA Nurse Pleads Guilty to Stealing Drugs from the VA

Douglas J. Carver, Special Agent In Charge, U.S. Department of Veterans Affairs (VA), Office of Inspector General (OIG), Criminal Investigations Division (CID), Western Field Office, Los Angeles, CA, announced today that James N. Konzek, 35, of Kent, WA, was sentenced in U.S. District Court to 4 years of probation, $4169 in restitution, and a $25 court assessment fee. Konzek had previously pled guilty to possession of a controlled substance.
 
Carver stated that the charge stemmed from an investigation conducted by his Seattle Resident Agency. The investigation disclosed that Konzek, a former VA Licensed Practical Nurse (LPN) employed at the VA Puget Sound Health Care System in Seattle, WA, had repeatedly removed controlled substances, including Oxycodone, from the hospital’s supply for personal use.
VA OIG October 20, 2003 

 

Nursing Assistant Convicted of Assault on Patient at Jackson, MI VAMC

John McDermott, Special Agent in Charge, South Central Field Office, Department of Veterans Affairs (VA), Office of Inspector General, announced today that Larry Styles was sentenced in United States District Court, for the Southern District of Mississippi, in Jackson, MS, to seventy months in prison. Styles will serve his time at a Federal Correctional Institute.
 
McDermott stated that Styles' sentencing was the culmination of investigative efforts by his New Orleans Resident Agency. Styles was convicted in a jury trial for his assault of an elderly patient under his care at the G.V. "Sonny" Montgomery VA Medical Center in Jackson, MS in November of 2001. Styles was employed there as a nursing assistant.

VA OIG Sept. 16, 2002  

VA Physician Deported for Using VA Computer to Watch Child Porn at Houston, Texas VA

John P. McDermott, Special Agent in Charge, Department of Veterans Affairs, Office of Inspector General (VA OIG), announced today that Dr. Gelin Xu, a Chinese physician performing research at the VA Medical Center in Houston, TX, (VAMC) was ordered by an Immigration Judge to depart the United States.
 
McDermott stated that that this order resulted from a VA OIG investigation conducted by his Resident Agency Office in Houston, TX, which revealed that Dr. Xu accessed various child and adult pornographic Internet websites during duty hours using a VAMC server and computer provided for Official Use only.
 
In lieu of Federal Prosecution, Dr.Xu was ordered to depart the United States and return to his homeland in China.
 

Fresno, CA VA Physician Sentenced for Stealing 45,620 Doses of Codeine Over 3 1/2 Years From VA Medical Center

Richard J. Griffin, Inspector General, Department of Veterans Affairs (VA), announced that on June 1, 1999, Jeremy L. D’morias, MD, was sentenced in U. S. District Court, Fresno, CA, to 6 months' home confinement and 36 months' probation. D’morias was also ordered to pay a $5,000 fine and restitution in the amount of $6,387. Previously, D’morias entered a plea of guilty to one count of theft of Government property.

Griffin stated that the sentence was a result of the combined investigative effort of his Western Field Office and the Drug Enforcement Administration. D’morias, a physician at the VA Medical Center, Fresno, admitted to engaging in a scheme to divert approximately 45,620 doses of codeine for his own use over a 3-1/2 year periodVA OIG June 2, 1999 

 

Arizona VA Nurse Pleads Guilty to Stealing Pain Medication From Patients

William T. Merriman, Deputy Inspector General, Department of Veterans Affairs (VA), announced today that Diane M. Limpus, of Prescott, AZ, was sentenced to 60 months' probation, 360 hours' community service and ordered to pay a fine of $2,000. Ms. Limpus previously had pleaded guilty to one felony count of obtaining the administration of a narcotic drug, and one misdemeanor count of reckless endangerment.

Merriman stated the prosecution followed a joint criminal investigation by his Western Field Office, the Prescott, AZ Area Narcotics Task Force, the Drug Enforcement Administration, and Security Service at the VA Medical Center, Prescott, AZ, into several instances wherein Demerol was diverted and replaced with saline solution. Demerol is used to mitigate pain and saline solution has no such effect on a patient. Merriman further stated that Ms. Limpus was a licensed practical nurse working in the Domiciliary at the VA Medical Center and, as such, was responsible for the administration of medication to the patients. Limpus was immediately placed on administrative leave by medical center officials and later resigned her VA employment.

 

Houston VA Nurse Convicted of Practicing as a Physician

Richard J. Griffin, Inspector General, Department of Veterans Affairs (VA), announced today that, on December 18, 1997, in State Court in Houston, TX, Linda Jane Weyandt was sentenced to 21 days’ incarceration, 2 years’ probation, and 100 hours of community service for practicing medicine without a license. Weyandt also was ordered to make full restitution to all patients who filed private insurance claims, to pay $1,200 in probation fees, and to pay $25 to Crime Stoppers. A jury had convicted Weyandt on December 11, 1997. Griffin stated that the sentencing was the result of an investigation by his Central Field Office, the Houston Police Department, and the Harris County District Attorney’s Office. The evidence presented at the trial disclosed that from 1993 to 1997, Weyandt, a certified registered nurse anesthetist at the Houston VA Medical Center, operated a private clinic, practicing as a physician. Weyandt also has been charged with felony theft based upon her abuse of sick leave and absence from VA while operating her private clinic. A trial on this charge is scheduled for early 1998. Harris County Assistant Criminal District Attorney Casey O’Brien prosecuted the case.VA OIG Dec. 18, 1997

 

Georgia VA Medical Researcher Convicted of Fraud, Ordered to Pay $1,100,000 in Restitution , 5 Years in Jail.

Richard J. Griffin, Inspector General, Department of Veterans Affairs (VA), announced today that Bruce Diamond, Ph.D., pleaded guilty to numerous felony charges which were part of a 172-count indictment handed down by a state grand jury in Augusta, GA, on February 18, 1997. At the time of the criminal activities, Diamond was an uncompensated employee on the staff of the VA Medical Center (VAMC) Augusta, GA, and the board of directors of the VAMC Augusta affiliated non-profit research corporation. As a part of the plea agreement, Diamond will serve 5 years’ imprisonment; serve 10 years’ probation; pay $125,000 in fines; $50,000 in receivership expenses, and $1.1 million dollars in restitution and forfeitures.

 

Griffin stated that the indictment charged Diamond and Richard Borison, M.D., a former part time doctor at VAMC Augusta, and former Chairman, Department of Psychiatry at the Medical College of Georgia (MCG), Augusta, GA, with the offenses of theft by taking; making false statements and representations; violating the Georgia Controlled Substances Act; prescription forgery; income tax evasion; reckless conduct; and bribery. Borison and Diamond also were accused of having engaged in a pattern of racketeering activity in violation of the Georgia Racketeering Influenced and Corrupt Organizations (RICO) Act. Dr. Borison's trial is pending.

 

Griffin stated that Diamond pleaded guilty to 16 counts of theft by taking; 11 counts of theft of services; 2 counts of false statements; and various other charges relating to prescribing drugs.

VA OIG Dec 16, 1997

 

Shreveport, LA VAMC Director of Respiratory Therapy Pleads Guilty to Extorting Kickbacks from VA Vendors.

Kenneth R. Atkins, Special Agent in Charge, Southeast Field Office, Department of Veterans Affairs (VA), Office of Inspector General (OIG) announced today that Karen G. Curry, age 43, of Bossier City, LA, pled guilty in United States District Court to one count of soliciting and receiving illegal gratuities.

Atkins stated that the plea was the result of an investigation by his office, with assistance from the VA Police and Security Service in Shreveport, LA.

Curry, Director of Respiratory Care, Overton Brooks VA Medical Center, Shreveport, LA, was previously indicted on June 23, 1999. Curry pled guilty to corruptly demanding and receiving from a VA vendor a color laptop computer for her personal use in exchange for the VA's purchase of equipment from that vendor.

Curry will resign from her position at the Overton Brooks VA Medical Center and has agreed not to seek employment with any other facility.

Curry faces a maximum penalty of two years' imprisonment, a $250,000 fine, or both. Sentencing in federal court is governed by the United States Sentencing Guidelines. Parole has been abolished in the Federal system. Curry's sentencing date is set for December 9, 1999 at 1:15 p.m.

VA OIG Sept. 15, 1999

Houston VA Pharmacist Sentenced for Drug Theft
 
John McDermott, Special Agent in Charge, Department of Veterans Affairs (VA), Office of Inspector General (OIG), announced today that in United States District Court, in the Western District of Arkansas, located in Fort Smith, AR, Timothy W. Schulte was sentenced by a Federal Magistrate Judge after pleading guilty to four (4) counts of Unlawful Possession of a Controlled Substance, all in violation of Title 18, of the United States Code, Section 844. The terms of Schulte's sentence include 2 years' probation, fined $2,000, and ordered to complete a substance abuse/mental health treatment program.
 
McDermott stated that the sentencing of Schulte resulted from an investigation by his Houston, TX, Resident Office. On several occasions, Schulte, a Pharmacist at the VA Medical Center in Fayetteville, AR (VAMC), stole Methadone and Oxycodone tablets (both of which are Schedule II controlled substances) from the already filled prescriptions of VAMC patients. Investigation disclosed that this action was to support his personal drug habit.
 

 

 

 

Fresno, CA VA Physician Sentenced for Stealing 45,620 Doses of Codeine Over 3 1/2 Years From VA Medical Center

Richard J. Griffin, Inspector General, Department of Veterans Affairs (VA), announced that on June 1, 1999, Jeremy L. D’morias, MD, was sentenced in U. S. District Court, Fresno, CA, to 6 months' home confinement and 36 months' probation. D’morias was also ordered to pay a $5,000 fine and restitution in the amount of $6,387. Previously, D’morias entered a plea of guilty to one count of theft of Government property.

Griffin stated that the sentence was a result of the combined investigative effort of his Western Field Office and the Drug Enforcement Administration. D’morias, a physician at the VA Medical Center, Fresno, admitted to engaging in a scheme to divert approximately 45,620 doses of codeine for his own use over a 3-1/2 year periodVA OIG June 2, 1999 

 

VA OIG February 24, 2005

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