United States v. Kenneth Berdick, M. D.

Appellant Kenneth Berdick, a medical doctor, was convicted by a jury on 41 counts of knowingly making false, fictitious and fraudulent statements regarding material facts in a matter within the jurisdiction of the Department of Health, Education and Welfare and the Social Security Administration, in violation of 18 U.S.C. § 1001. Overwhelming evidence presented by the Government showed that on numerous occasions appellant billed Medicare for tests which were either not performed or performed at laboratories for which inflated and inapplicable rates were charged by appellant. Appellant alleges…