Dentist Dr. Roy S. Shelburne, D.D.S. of Virginia
On July 10, 2008, Pennington Gap, Virginia dentist Dr. Roy S. Shelburne, D.D.S. was sentenced to two years in prison for three felony convictions of racketeering, defrauding Medicaid and structuring a financial transaction.
Judge James P. Jones sentenced Roy Shelburne to two years for each of the felony counts, which will run concurrently. Shelburne was also fined $75,000, and must pay nearly $18,000 in restitution to state Medicaid.
The sentence comes a week after the judge threw out all seven of Shelburneâ€™s convictions for money laundering, based on a recent interpretation of the statute by the U.S. Supreme Court. Previously, Shelburne had faced up 120 years in prison and a $1.25 million fine.
At the sentencing hearing, the federal prosecution led by U.S. Attorney Tony Giomo, presented a computer-generated statistical estimate that Shelburne likely bilked Medicaid of about $263,000.
The actual amount of money, as well as the number of patients overbilled, remains unknown.
But Giornoâ€™s team claimed to have filled in the gaps with a statistical model based on the files of patients known to have been overcharged.
Judge Jones said he would need more information than readily available to accept the estimate.
Giorno said after the sentencing that Shelburne could face as much as $700,000 in restitution if the U.S. Attorney Generalâ€™s Office decides to pursue a civil case.
An in-depth post-sentencing interview with Dr. Shelburne is here.
In the meantime,
- Dr. Shelburne has surrendered his Virginia dental license. A conviction, plus sentencing means it is revoked/forfeited anyway.
- An appeal of his conviction has not been initiated, nor a decision made whether to appeal.
- The United States Department of Justice will be appealing Judge Jones dismissal of seven federal felony money laundering counts against Shelburne to the United States Court of Appeals for the Fourth Circuit.
- As far as Flap can discover, where Dr. Shelburne will spend his two years in prison and when he begins his sentence has not been announced.
- Supporters and friends of Dr. Shelburne have created this site in order to support him.
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