New York doctor pleads guilty to $891,978 in health care fraud

Dr. Kenneth Fishberger, a 75-year-old internist from East Setauket, New York, pleaded guilty in federal court Thursday to conspiracy to commit health care fraud. Fishberger admitted to receiving kickbacks for ordering unnecessary brain scans, which led to nearly $900,000 in fraudulent claims against Medicare and private insurance companies.

Fishberger’s indictment was filed before U.S. District Judge Nathaniel M. Horton, who set sentencing for February 25, 2025. The scheme, which spanned 2013-2019, involved Fishberger ordering hundreds of medically unnecessary transcranial Doppler (TCD) scans, which measure blood flow. in the brain using false diagnoses.

Prosecutors said Fishberger received $100 per scan from co-conspirators associated with a mobile medical diagnostics company. The company filed fraudulent claims with insurance companies, including Medicare, based on Fishberger’s orders. The scheme defrauded insurance companies of approximately $891,978.

“This case underscores the Department of Justice’s commitment to bringing to justice those who undermine our health care system for personal gain,” said Acting U.S. Attorney Joshua S. Levy. Federal officials described the operation as a systematic breach of trust that exploited Medicare and private insurance companies through false diagnoses and unnecessary medical tests.

The charge of conspiracy to commit health care fraud carries a maximum penalty of 10 years in prison, three years of supervised release and a $250,000 fine. Fishberger, who has been a licensed health care professional for nearly five decades, is awaiting sentencing under federal guidelines.