A Cedar Park man who plead guilty to federal kickback charges related to health care fraud along with the Austin father-son psychologists team convicted of working with him in the scheme were all sentenced by a federal judge Monday in Austin.
Glen Elwood McKenzie, Jr., 70, of Cedar Park, plead guilty in October 2017 to one count of conspiracy to violate the federal anti-kickback law and one count of soliciting and receiving kickbacks.
Psychological ARTS owners 74-year old Dr. William Dubin and his 34-year old son Dr. David Fox Dubin were convicted by a jury in October 2018. Dr. William Dubin was found guilty of one count of conspiracy to pay and receive health care kickbacks, and two counts of offering to pay and paying illegal kickbacks.
McKenzie and Dr. William Dubin were both sentenced Monday to five years probation and ordered to jointly pay a combined $61,230 in restitution.
Dr. David Dubin was found guilty of one count of conspiracy to commit health care fraud, one count of health care fraud and aiding and abetting health care fraud, and one count of aggravated identity theft.
He was sentenced to three years in federal prison and ordered to pay $282,019.92 in restitution
At the time of the crime, McKenzie served as president of the board of directors for an emergency shelter 80 miles from Austin that provided crisis intervention and mental health services for children between 5 and 17 years old who had been removed from their homes by the Texas Department of Family and Protective Services, according to the U.S. Department of Justice.
He admitted to receiving more than $15,000 in kickbacks from Dr. William Joseph Dubin and his son in exchange for him referring children and youth at his facility to the Dubins' business Psychological ARTS for comprehensive mental health assessments. The Dubins billed a Medicaid program for the services and Dr. William Dubin paid McKenzie a 10-percent kickback after they received payment, according to the Justice Department.
The investigation was a joint operation involving Special Agents with the Federal Bureau of Investigations and investigators from the Texas Attorney General’s Medicaid Fraud Control Unit. Special Assistant U.S. Attorney Rex Beasley and Assistant U.S. Attorneys Greg Surovic, Justin Chung, and Daniel Castillo prosecuted this case on behalf of the U.S. government.