Philadelphia Criminal Law News

Dr. Joseph J. Kubacki Sentenced for Temple Med Fraud

Dr. Joseph J. Kubacki, an assistant dean of medical affairs and chairman of the ophthalmology department, and who was accused of illegal billing and for falsifying charts, was sentenced to seven years in prison for the Temple Med fraud, reports Philadelphia Daily News. In total he was accused of 150 counts of health care fraud and related fraud.

At the hearing where he received his sentence, Dr. Kubacki explained the Temple Med fraud by saying that he wasn't motivated by greed; instead he was trying to save the departments he oversaw. His fraudulent billing scheme lasted about eight years.

In addition to the years in jail, Kubacki must also make restitution for more than a million dollars.

Restitution involves a payment by the perpetrator of a crime to the victims of that crime. This payment is meant to make the victims whole and restore them financially to the point they were at prior to the commission of the crime.

Restitution differs from a fine in that restitution is paid to the victims of a crime to compensate them for the injuries they suffered that were directly related to the crime, whereas a fine is paid to the government strictly as a punitive measure. While a government can be a victim of a crime for restitution purposes, a fine is not intended to compensate the government for its injuries. Instead, a fine is meant only to punish an offender and deter future criminal behavior.

Judges typically order restitution as a condition of another sentence such as incarceration or probation, although it is possible to receive a sentence of restitution on its own.

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