United States v. Javaid Perwaiz
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.
- On May 18, 2021, Senior United States District Judge Rebecca Beach Smith sentenced Javaid Perwaiz to 708 months (59 years) in prison. The defendant filed a notice of appeal on May 20, 2021. The appeal is pending in the U.S. Court of Appeals for the Fourth Circuit, Case No. 21-4255.
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 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.
Medical Records [NEW]
The U.S. Attorney’s Office has copies of patient medical records from 2015 -2019. However, for the next 60 days or so, the office will have access to some of the older records (prior to 2015) held at Dr. Perwaiz’ office in Chesapeake. Current or former patients seeking a copy of their medical record should email email@example.com with their full name and dates of service. This is not a guarantee that a copy of your records will be available, but the office will put forth its best efforts to locate the records.