Thomas Melsheimer Featured in D Magazine for Dismissal of Charges Against Frisco Dentist

Winston & Strawn Dallas Office Managing Partner Thomas Melsheimer was featured in D Magazine for obtaining a full dismissal of charges against Dr. Leyla Nourian in a health care fraud case. 

Thomas led a Winston team that represented Dr. Leyla Nourian, who was initially named as the operator of a pharmacy involved in a health care fraud scheme. The defendants allegedly controlled several pharmacies that charged the Department of Labor’s Office of Workers’ Compensation for compounded creams with rates of up to $28,000. Defendants would pay physicians kickbacks concealed as loans for unnecessarily prescribing the pharmacies’ compound creams. 

The defense’s argument stated that Dr. Nourian was never involved in the scheme and consisted of evidence from a handwriting expert stating that documents provided by the prosecution included her forged signature. Negotiations included a plea deal brought by the prosecution that was refused by the defense. 

“The government most times would rather lose a case than dismiss a case,” Thomas said. “It’s a crazy attitude that the Justice Department sometimes has that they don’t like to admit that they shouldn’t have indicted someone. But the truth is, they’re human like anyone else, and they make mistakes.”

After a five-year delay on the case, the government dismissed Dr. Nourian on October 12. 

“I’m gratified that the government, after five years of the case pending and a lot of legal expenses and a lot of stress and a lot of anxiety, eventually came to the right result,” he said.

Read the full article here.