EAST SETAUKET, NY – A New York physician pleaded guilty in federal court in Boston to charges related to receiving kickbacks for ordering medically unnecessary brain scans.
Dr. Kenneth Fishberger, 75, of East Setauket, N.Y., admitted to one count of conspiracy to commit health care fraud. U.S. District Judge Nathaniel M. Gorton has scheduled sentencing for February 25, 2025.
Dr. Fishberger, a Long Island-based internist who was licensed to practice in New York for nearly 47 years, was involved in a scheme spanning from June 2013 to December 2019. Prosecutors say he collaborated with individuals from a mobile medical diagnostics company to prescribe transcranial Doppler (TCD) scans—tests that measure blood flow in the brain—without medical necessity. Using falsified diagnoses, Dr. Fishberger and his associates ordered the scans, enabling the company to submit fraudulent claims to Medicare and private insurers.
In return, Dr. Fishberger allegedly received approximately $100 in cash for each scan. According to court documents, the scheme resulted in fraudulent billing totaling nearly $891,978.
The charge of conspiracy to commit health care fraud carries a maximum sentence of 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are determined by federal judges based on the U.S. Sentencing Guidelines and relevant statutes.
The investigation involved multiple federal agencies, including the U.S. Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, and others. Acting U.S. Attorney Joshua S. Levy announced the guilty plea alongside representatives from these agencies. Assistant U.S. Attorneys Howard Locker and Mackenzie Queenin are handling the prosecution.
