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February 16, 2012
OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announces that on February 15, 2012, Dr. Naim Katiby, 62, of San Ramon, pled guilty to a felony criminal count of filing a false insurance claim. The criminal prosecution was the result of a coordinated investigation by the Alameda County District Attorney’s Office, led by Inspector J.P. Williams, the Drug Enforcement Agency (DEA) and the California Department of Insurance.
From November 2008 through January 2009 undercover DEA agents, posing as victims of an auto accident, sought treatment from Dr. Katiby's AAFTAB Medical Center at 15921 East 14th St., San Leandro. Over the course of several undercover visits Dr. Katiby agreed to and did bill the agent’s fictitious auto policy for injuries that the doctor knew were not sustained in an auto accident.
Dr. Katiby over billed for the treatment provided and, at one point, actually created a false medical record and billing for a visit that never occurred. The doctor also negligently prescribed Vicodin to both undercover agents, who clearly exhibited behavior consistent with that of addicted users of the drug. On one occasion, he prescribed the narcotic without ever talking to or examining one of the undercover "patients."
As a result of the entering a felony plea in this matter, Dr. Katiby will be placed on five years of felony probation, be subject to a search at any time of his person, auto, home or work place and be subject to a monetary fine determined by the judge presiding over the case. The California Attorney General’s Office has been monitoring the case on behalf of the Medical Board of California, and has the authority to seek sanction against Dr. Katiby’s license to practice medicine.
This investigation is one of many by the District Attorney’s Office targeting unethical medical providers, who in committing these types of crimes have disavowed their Hippocratic Oath and put monetary gain in front of their ethical duty to administer honest, quality care.
Deputy District Attorney Matt Wendt prosecuted the case and comments “Dr. Katiby failed to abide by the basic standard of care and professionalism we expect of our health care providers. The collaboration between local, state and federal agencies was key to the successful resolution of the criminal investigation and prosecution.”
"A health care provider who perpetrates insurance fraud has broken both an oath and the trust that exists in the medical community," said Insurance Commissioner Dave Jones. "I have made the rooting-out of insurance fraud a top priority of my Department."
District Attorney O’Malley adds, “The Alameda County District Attorney’s Office is vigilant in our investigation and prosecution of health care providers who break the law. Our community places deep trust in those who are trained and licensed to practice medicine, dentistry and other forms of health care.
When that trust is broken by criminal wrong-doing, including the illegal prescription of narcotics, worker compensation fraud, insurance fraud, and the falsification of claims and billing, my office will prosecute those responsible to the full extent of the law. We will collaborate with our law enforcement partners to put a stop to any such practice.”