A California medical doctor has been convicted of federal charges for submitting more than $45 million in fraudulent claims to Medicare for Botox injections that were either medically unnecessary or never actually provided. Federal authorities announced that the physician also used falsified documents in an attempt to obstruct the subsequent criminal investigation.
Violetta Mailyan, 45, of Glendale, was found guilty in a Los Angeles federal court of nine counts of wire fraud and three counts of obstructing a criminal investigation of health care offenses, according to an official statement released by the U.S. Department of Justice.
Mailyan owned and operated the Healthy Way Medical Center in Glendale, a facility used as the hub for the multi-million dollar billing scheme.
"Violetta Mailyan falsely diagnosed patients, fraudulently billed Medicare for Botox injections while she was actually on lavish vacations, and tried to trick federal agents with fake records," said Assistant Attorney General Colin McDonald of the Justice Department’s National Fraud Enforcement Division. McDonald emphasized that the division’s data-driven approach is designed to expose brazen schemes across the country to protect taxpayer dollars.
Evidence presented during the trial revealed that Mailyan billed the government for medical procedures on dates when she was actually traveling on vacation to Cabo, Mexico; Maui, Hawaii; Las Vegas; Pennsylvania; and New York. Furthermore, federal prosecutors demonstrated that some of the documented injections allegedly took place on dates when the Glendale clinic was completely closed, or when the patients who supposedly received the treatments were actually incarcerated in federal prison.
Typically, Medicare only reimburses medical providers for Botox injections when they are deemed medically necessary to treat documented cases of chronic migraines. However, Mailyan billed and received payments for thousands of injections that were administered solely for cosmetic purposes, given to patients without primary care referrals, or never provided at all. On her personal social media accounts, Mailyan openly advertised her services by describing herself as a "BOTOX FILLER NONSURGICAL NOSE COSMETIC DOCTOR."
Authorities said that in an effort to conceal the fraud and mislead investigators, Mailyan fabricated and altered patient medical records, including patient consent forms, to make it appear as if legitimate migraine treatments had occurred in her office. Prosecutors also accused her of backdating several claims to bill for injections before the patients had even contacted her clinic to request an initial appointment.
According to court filings, Mailyan used millions of dollars derived from the fraud to fund her high-end travel and purchase luxury collectible items. Among the seized goods funded by the scheme were a $3,000 painting of Ludwig I, the crown prince of Bavaria, and a 17th-century crossbow valued at $12,000.
Following the guilty verdict, Mailyan faces a statutory maximum penalty of up to 20 years in federal prison for each wire fraud count and up to five years in prison for each obstruction count. A formal sentencing date has not yet been scheduled by the court.
