U.S. Department
of Justice
United States v. Javaid Perwaiz Original
Eastern District of Virginia – Norfolk Division
Criminal Case Number: 2:19-cr-00189-RBS-DEM
On November 8, 2019, the defendant, Javaid Perwaiz – a licensed obstetrician-gynecologist who practiced for decades in the Hampton Roads area of Virginia – was named in a two-count criminal complaint charging him with Health Care Fraud, in violation of 18 U.S.C. § 1347, and False Statements Relating to Health Care Matters, in violation of 18 U.S.C. § 1035. The defendant was arrested the same day and remains incarcerated. Perwaiz was later charged by superseding indictment. Specifically, Perwaiz was charged with 26 counts of Health Care Fraud, in violation of 18 U.S.C. § 1347, 32 counts of False Statements Relating to Health Care Matters, in violation of 18 U.S.C. § 1035, and three counts of Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A. Following a four-and-a-half week jury trial, on November 9, 2020, the jury found the defendant guilty on 51 counts of Health Care Fraud and False Statements.
As found by the jury, the defendant was involved in a health care fraud scheme occurring from at least January 2010 to October 2019. He executed the scheme in four principal ways to obtain money from health care benefit programs (that is, health insurance programs and companies):
- The defendant altered the estimated due dates of his pregnant patients to be earlier than they actually were. By doing this, defendant ensured the appearance of compliance with the standard of care and medical necessity, while minimizing the chances that his patients would spontaneously deliver at a time when the defendant was not already scheduled to be at the hospital where he had privileges. As a result, he induced patients prior to 39 weeks of gestation, contrary to the medical standard of care.
- The defendant persuaded women to undergo invasive and irreversible surgeries, such as hysterectomies, that were not medically necessary. For instance, he falsely told patients that if they did not undergo a hysterectomy, they would develop (or that they already had) cancer.
- The defendant routinely billed health care benefit programs for two in-office diagnostic procedures, namely hysteroscopies and colposcopies, that he did not actually perform. He used fabricated results from both procedures to progress his patients to more invasive surgeries.
- Finally, the defendant performed sterilization procedures, typically bilateral tubal ligations (more commonly known as tube-tying), without waiting the 30-day period that Medicaid and the Code of Federal Regulations require after a Medicaid patient initially consents to the procedure. Instead, the defendant himself inserted a false date on the sterilization forms he submitted to Medicaid.
Victim Impact Statements
Anyone who believes they have been harmed by the defendant’s criminal actions described above may submit a statement to the U.S. Attorney’s Office for consideration at sentencing. An example of a format is here
. Please include your full name (patient initials will be used in all public filings for privacy reasons), identify your relationship with the defendant (e.g., patient, co-worker, etc.) and contact information.
Before May 11, 2021, please send all statements to:
U.S. Attorney’s Office
Attn. Darcel Sessoms
101 W. Main Street, Suite 8000
Norfolk, VA 23510
Or email them to:
usavae.perwaiz.medical.records@usdoj.gov
Statements received after May 11, 2021, will not be part of the materials transmitted to the Court in advance of the sentencing hearing.
Charging Document
Next Court Date
Sentencing [NEW DATE]
May 18, 2021, at 11:00AM
Senior United States District Judge Rebecca Beach Smith
United States District Court for the Eastern District of Virginia
600 Granby Street
Norfolk, VA 23510
Note: Due to social distancing requirements of the COVID-19 pandemic, spectator seating for hearings in the courthouse is extremely limited. Seating is available on a first come basis. Updates on Court protocol pertaining to COVID-19 can be found here: https://www.vaed.uscourts.gov/covid-19
Victim Information
Pursuant to the Crime Victims’ Rights Act, 18 U.S.C. § 3771, the Department of Justice is required to provide notice to individuals who may have been harmed as a direct result of the criminal offenses of which a defendant has been convicted. In this context, “harmed” is defined broadly and is not limited to monetary loss. This office uses the Victim Notification System (“VNS”) and other methods, including web pages and press releases, to ensure potential victims receive timely notice of public events related to a case. For more information, go to https://www.justice.gov/usao/resources/crime-victims-rights-ombudsman/victims-rights-act.
A different federal law, the Mandatory Victim Restitution Act (“MVRA”), 18 U.S.C. § 3663A, governs restitution in this case. Restitution is a determination by the judge that a victim is entitled to monetary compensation for losses suffered as a direct result of a crime for which a defendant has been convicted. It is not a guarantee of payment. Under the MVRA, if a defendant is convicted of a crime carrying restitution as a penalty, the judge at sentencing determines who is a victim and in what amount they are entitled to restitution. In cases involving property crimes, including the fraud offenses with which the defendant is charged, restitution may generally only be awarded for the value of the property lost by the victim as a direct result of a defendant’s crime of conviction less the value of any property returned to the victim. Victims may also be entitled to restitution for expenses incurred while participating in the criminal investigation or prosecution or traveling to court proceedings for the case, such as lost income, child care, transportation, and other expenses. Restitution is generally not available for medical care, pain and suffering, emotional distress, or lost income caused by the defendant’s conduct, except in the limited context described above.
Resources
Press Releases
Media Advisory November 9, 2020
Media Advisory August 10, 2020
Media Advisory November 21, 2019
Court Documents
Contact Information
Current or former patients seeking a copy of their medical record should email usavae.perwaiz.medical.records@usdoj.gov with their full name and dates of service. Please Note: FBI is not in possession of all medical records maintained by Dr. Perwaiz’s practice.
[This page is no longer updated]