Federal Jury Convicts Two Austin Psychologists, Owners of Psychological A.R.T.S., P.C., in Health Care Offenses

In Austin today, a federal jury convicted two Austin psychologists who own and operate Psychological A.R.T.S., P.C., announced United States Attorney John F. Bash, FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Texas Attorney General Ken Paxton.

Following a three-week-long trial, jurors found 73-year-old Dr. William Joseph Dubin and his son, 33-year-old Dr. David Fox Dubin, guilty of federal crimes. Dr. William Dubin was found guilty of one count of conspiracy to pay and receive health care kickbacks, and two counts of offering to pay and paying illegal kickbacks. Dr. David Dubin was found guilty of one count of conspiracy to commit health care fraud, one count of health care fraud and aiding and abetting health care fraud, and one count of aggravated identity theft.

Previously, a third defendant in this case, 68-year-old patient recruiter Glen Elwood McKenzie, Jr., of Cedar Park, TX, pleaded guilty to one count of conspiracy to violate the federal anti-kickback law and one count of receiving an illegal kickback. McKenzie was the President of the Board of Directors of an emergency shelter house located approximately eighty miles from Austin that provided temporary shelter for crisis intervention and mental health services to children and youth ages 5 to 17 who had been removed from their homes by the Texas Department of Family and Protective Services.

Evidence provided during trial revealed that Dr. William Dubin paid McKenzie to use his position at the emergency shelter to refer children and youth to Psychological A.R.T.S., for comprehensive mental health services, which were billed to the Medicaid program. Upon receipt of payment for these services, Dr. William Dubin paid McKenzie a 10-percent kickback from the money paid to Psychological A.R.T.S.

Evidence during trial also revealed that Dr. David Dubin engaged in a conspiracy to commit health care fraud and committed health care fraud by causing at least one fraudulent billing to be submitted to the Medicaid program. Evidence further revealed that Dr. David Dubin engaged in aggravated identity theft when he caused a fraudulent claim to be submitted to Medicaid and unlawfully used a patient’s personal identification information to obtain payment of the bill.

Dr. William Dubin faces up to five years in federal prison for each count related to illegal kickbacks. Dr. David Dubin faces up to ten years in federal prison for each count related to health care fraud; and a consecutive mandatory two-year term in federal prison for the count related to aggravated identity theft. They remain on bond pending sentencing scheduled for 10:30 am on February 19, 2019 before United States District Judge Xavier Rodriguez.

Special Agents with the Federal Bureau of Investigation together with investigators from the Texas Attorney General’s Medicaid Fraud Control Unit investigated this case. Special Assistant United States Attorney Rex Beasley and Assistant United States Attorneys Greg Surovic, Justin Chung, and Daniel Castillo are prosecuting this case on behalf of the Government.