Florida physician’s $31M conviction overturned after witnesses allegedly lied about kickbacks

A West Palm Beach, Fla.-based addiction recovery physician has had his conviction overturned after it was revealed that a key witness lied about paying him kickbacks, Miami Herald reported Feb. 10. 

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In 2022, Mark Agresti, MD, former medical director of the residential addiction recovery center Good Decisions Sober Living, was sentenced to prison and ordered to pay more than $31 million in restitution. He had been convicted for his role in a scheme involving $106 million in fraudulent medical claims.

The conviction was based in part on testimony from Kenneth Bailynson, the owner of the sober home. However, according to The Herald, the federal judge overseeing the case later discovered that Mr. Bailynson had lied under oath about making secret cash payments to Dr. Agresti.

As a result, U.S. District Judge Rodolfo Ruiz vacated Dr. Agresti’s prison sentence of more than eight years, along with the order requiring him to pay $31 million in restitution to private insurance companies. Mr. Ruiz has also ordered a new trial.

“Throughout his testimony … Bailynson weaved lies with truths, crafting a narrative that pitted his word against Agresti’s,” Mr. Ruiz wrote in a Jan. 30 order. “Bailynson’s fable was crucial to [Dr. Agresti’s] conviction.”

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