FullosseousFlap’s Dental Blog

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 Shelburne’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.

The dental office of Roy S. Shelburne, D.D.S.

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 Giorno’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 General’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.

Stay tuned……

Previous:

The Case of Dr. Roy S. Shelburne - 7 of 10 Counts Thrown Out of Court - Part Two

The Case of Dr. Roy S. Shelburne - 7 of 10 Counts Thrown Out of Court

The Case of Dentist Dr. Roy S. Shelburne - Sentencing Postponed

A federal judge on Tuesday overturned all seven money laundering convictions against a Pennington Gap, Va., dentist, which could set a precedent for how the government prosecutes such cases.

In his order, James P. Jones, chief judge for the Western District of Virginia, upheld three convictions of Roy Silas Shelburne for racketeering, structuring a financial transaction and defrauding Medicaid. Jones’ reversal of the jury’s verdict on the money laundering convictions comes on the heels of a decision last month by the U.S. Supreme Court interpreting the statute, which set a higher burden for prosecutors alleging the offense.

A jury’s convictions are evaluated in the light most favorable to the government, and Jones’ decision to vacate them underscored a substantial shift in the legal grounding of the case.

“To say that I’m pleased with Judge Jones’ opinion in this matter would be an understatement,” said Dennis Jones, Shelburne’s attorney, who previously described the jury’s verdict as the “greatest miscarriage of justice” he had seen in his legal career.

The judge’s order, he said Tuesday, “is significantly in keeping with what my understanding of the law was. He’s right on.”

Dr. Shelburne continues to face considerable jeopardy with the three remaining felony convictions when he is sentenced on July 10th. He is considering an appeal.

Undoubtedly, there will be new motions to set aside the three other convictions and to allow Dr. Shelburne bail pending appeal.

However, even if the judge allows bail while the appeal is considered, Dr. Shelburne would have his dental license revoked during the appeal process.

Flap bets there is a plea deal before the 10th which would allow Dr. Shelburne to continue to practice dentistry but under financial supervision for a period of time and the payment of a fine.

The case appears thin and the federal prosecutors have definitley been slapped by the judge.

Stay tuned……

Previous:

The Case of Dr. Roy S. Shelburne - 7 of 10 Counts Thrown Out of Court

The Case of Dentist Dr. Roy S. Shelburne - Sentencing Postponed

In a stunning decision, a federal judge today vacated all seven jury convictions of a Pennington Gap, Va., dentist for money laundering.

James P. Jones, chief judge for the Western District of Virginia, upheld three convictions of Roy Shelburne for racketeering, structuring a financial transaction and defrauding Medicaid.

Jones’ opinion filed today pointedly rejected the government’s construction of the money laundering statute, which the U.S. Supreme Court interpreted last month, and highlighted the complexity of the case by setting aside seven of the jury’s convictions.

Dr. Shelburne will be sentenced on the remaining three convictions on July 10. Obviously a United States Supreme Court decision on June 2nd affected the law in this case.

Stay tuned…..

Previous:

The Case of Dentist Dr. Roy S. Shelburne - Sentencing Postponed

A June 2 ruling by the U.S. Supreme Court regarding the federal statute for money laundering is the latest in a string of delays – ranging from a late-arriving transcript of the trial, to the defense attorney’s computer crashing at the 11th hour – to push back the sentencing.

On Monday, Judge James P. Jones of the U.S. Western District of Virginia said the high court’s split decision in United States v. Santos “may be significant” in sentencing Shelburne.

Jones called the decision “complicated,” and “something I need to study further.”

It is unclear what if any bearing the high court’s decision will have on the sentencing.

Shelburne was convicted on March 6 of racketeering, health care fraud and money laundering, and faces up to 120 years in prison and a $1.25 million fine.

Dr. Roy Shelburne remains on bail pending sentencing and continues to practice dentistry but on a “dramtically reduced” level.

The judge in the case did not set a trial date for sentencing on Monday. The defense hopes to argue for a new trial at the sentencing hearing.

Stay tuned…..