Corona del Mar Doctor Sentenced to 18 Months for Medicare Fraud

A Corona del Mar doctor who is the former director of Orange Coast Memorial Medical Center's cancer unit in Fountain Valley was sentenced Monday to 18 months in federal prison for Medicare fraud.

Oncologist Glen Justice who sat silently as his sentence was handed down by U.S. District Court Judge Cormac Carney, told several family members, friends and former patients, "I'll be all right" as he left the courtroom.

He has been ordered to surrender by noon Sept. 19 to begin his prison term. He was also ordered to pay more than $1 million in restitution as part of a $7.5-million civil settlement, which will be paid for by the eventual sale of his multimillion-dollar home in CDM.

"This isn't a good day," Carney told Justice. "My hope and prayer is that whatever time you're in custody speeds by, and that you can get back to caring for people."

Justice, 66, pleaded guilty in March 2010 to bilking Medicare and private insurance providers out of more than $1 million for medications that were never administered.

In addition to serving as the head of Orange Coast's cancer center, Justice also owned Pacific Coast Hematology/Oncology Group in Fountain Valley, where the fraudulent Medicare claims were filed.

Prosecutors originally recommended probation, but later discovered Justice continued to defraud the government after the plea agreement was reached.

"I and I alone am responsible for my behavior," Justice said. "I've let down God, my family, my friends, my employees and my patients. I feel deeply ashamed for what I've done. I believe in a forgiving God, and in the forgiveness of the American people, but it's very unlikely that I'll ever forgive myself."

Justice's attorney, David Wiechert, argued that Justice's crimes were the result of an irrational mental health condition similar to addiction, for which Justice has since begun treatment. He asked Carney to forego prison time so Justice could take a full-time position at the Lestonnac Free Clinic near Santa Ana, where he's been treating indigent cancer patients.

"The court has the opportunity to sentence the city of Santa Ana to one of the best cancer doctors in the world," Wiechert said. "I've been a defense attorney for 20 years, and this is the first client of mine who's not fungible. Nobody else can do his job."

But Assistant U.S. Attorney Jeannie Joseph told the court the state medical board would seek "nothing less than revocation or surrender" of Justice's medical license.

Wiechart argued that the potential loss of Justice's medical license should offset some of his prison time, but U.S. Probation Officer Joseph Abrams countered that the license issue was a collateral consequence of the crime rather than a mitigating circumstance.

Carney admitted in court that he was "touched and somewhat puzzled" by the outpouring of support Justice received from colleagues and former patients. But Justice's former employees were far less sympathetic.

"You didn't think about what this was going to to do us," said Barbara Lepthien, speaking directly to Justice, who leaned back in his chair looking at her. "You lied to us over and over and over that you were not guilty. We're damaged goods; no one wants to touch us. You never said you were sorry; you paid your high-priced lawyers to do that.

"I don't think for one second that he's a monster," Lepthien continued, addressing Carney. "He's a chameleon."