Former Optometrist Case Ends with Apology to Citizens of South Dakota in Medicaid Fraud Case
PIERRE, S.D - Attorney General Marty Jackley announced today that Cary Stephen Feldman, Spearfish, has issued a public apology for committing Medicaid fraud.
Feldman entered a plea of guilty on October 11, 2012, to Grand Theft by Deception, a class 4 felony, and Making False Claims, a class 5 felony, pursuant to a plea agreement reached with the State. Feldman admitted that he knowingly and intentionally submitted false claims to the South Dakota Medicaid program and to Medicare. Feldman admitted that he submitted claims to Medicaid and to Medicare for consultation services, even though he had not provided such services. Feldman began submitting the false claims in late 2008, and continued until early 2012.
On December 3, 2012, Seventh Circuit Court Judge Janine M. Kern sentenced Feldman to serve 15 years in prison, and Kern suspended the execution of sentence on several conditions. Judge Kern ordered Feldman to serve 180 days in jail and ordered him to pay a total of $363,049.90 in restitution to Medicaid and Medicare. Feldman turned over a coin collection with an estimated value of $157,000, and paid an additional $80,000 to the government, so his remaining restitution balance is $126,049.90. Feldman was also ordered to serve 300 hours of community service, pay costs of $712.20 to the State and court costs of $208. Feldman allowed the South Dakota Board of Optometry to revoke his license in October.
Feldman served 106 days in jail. Feldman sent a letter to Judge Kern, requesting early release from jail. Feldman then issued his public apology letter (attached). Feldman states in his apology letter that he wrote the letter to “deter others from similar wrongdoings.”
“Feldman has been held accountable and as part of his rehabilitation has appropriately issued a warning to deter others from inappropriate use of taxpayers monies,” said Jackley.
Feldman addressed his letter to the South Dakota Optometric Society, the South Dakota Board of Examiners in Optometry, and to the citizens of South Dakota.
The case was investigated and prosecuted by the South Dakota Medicaid Fraud Control Unit, with assistance from the South Dakota Department of Social Services, the federal Department of Health and Human Services Office of Inspector General, the South Dakota Division of Criminal Investigation, the Spearfish Police Department, the Rapid City Police Department, the Pennington County Sheriff’s Office, the Pennington County Office of State’s Attorney, the Minnehaha County Sheriff’s Office, and the South Dakota Office of United States Attorney.