YOUNGSTOWN — Dr. Samir A. Wahib, 56, of Canfield, an obstetrician-gynecologist who pleaded guilty in June to five federal charges in a scheme to receive kickbacks that defrauded Medicaid and Medicare, will be sentenced today in U.S. District Court in Cleveland.

Federal prosecutors said the scheme included kickbacks and medically unnecessary testing designed to enrich Wahib and two other previously sentenced Youngstown area doctors.

Wahib’s lawyers filed a sentencing memorandum last week asking Judge J. Philip Celebrese to sentence Wahib to probation and no prison time, citing the service Wahib provides to women and babies in Sullivan County, Indiana, as a key reason.

The sentencing memorandum also describes the care of Dr. Wahib’s mother that would be interrupted if he were sent to prison. He has cared for his mother at his home in Indiana since he brought her there in 2019. Wahib moved there in 2017 while his wife and daughters remained in Canfield.

THE FEDERAL CASE

Federal prosecutors said Wahib conspired from March 2014 through January 2017 to pay kickbacks to Dr. Joni Canby and Dr. Michelle Kapon to persuade them to order gonorrhea and chlamydia testing to be performed by Wahib on specimens of Canby’s and Kapon’s patients.

Canby, of Poland, was sentenced June 23 to two years of probation, a $30,000 fine and restitution of $135,632. She also was ordered to complete remedial educational courses in professional ethics. Her license was suspended indefinitely, for at least one year, as of March 8.

Kapon, of Youngstown, was sentenced in July to two years of probation, an $8,000 fine and restitution of $75,460, jointly and severally owed with Wahib.

According to a sentencing memorandum written by Kapon’s attorney, Ron Yarwood, Wahib paid Kapon $15 and Canby $20 for every specimen he tested for them. Wahib then submitted claims to the federal government for payment for the tests.

Kapon, of Youngstown, pleaded guilty in 2021 to several charges. Her medical license was suspended, but it was later restored. Nonetheless, Kapon cannot participate in any federally or state funded Medicare or Medicaid plans.

Wahib pleaded guilty to five charges — conspiracy to solicit, receive, offer and pay kickbacks in connection with a federal health care program; offering or paying kickbacks in connection with a federal health care program; conspiracy to commit health fraud; health care fraud; and obstruction of a criminal investigation of federal health care offenses.

Wahib’s attorneys stated in the filing that Wahib has “led a law-abiding life focused on family, faith and his patients” and has “had no previous issues with the law.”

The Ohio Medical Board notified Wahib July 12 that he is entitled to a hearing on whether the board should “limit, revoke, permanently revoke or suspend” his license to practice medicine in Ohio or refuse to renew his license to practice, reprimand him or place him on probation because of his guilty plea in the federal criminal case.

The medical board website does not indicate whether Wahib asked for a hearing. His license expires Oct. 1.

Wahib’s filing in federal court acknowledged that he offered to pay Canby and Kapon “a per-test laboratory fee when he did not know it to be soundly within legal bounds.” It called his actions “an uncharacteristic and undeniable failure of judgment. Sam has paid dearly for this decision over the last five years, missing countless moments and milestones with his wife and daughters that he will never get back.”

MOVED TO INDIANA

Since 2017, Wahib has been living in Sullivan County in Western Indiana. A Youngstown native, Wahib returned to the city to care for underprivileged women as an obstetrician-gynecologist and care for his mother, who has mental health issues and has lived with him for over 20 years, since Wahib’s steelworker father died, the filing states.

If Wahib were to be sentenced to prison, many innocent third parties would suffer extraordinary harm, “including the women and babies of Sullivan County,” the filing states. Rural Sullivan County has been designated a “Health Professional Shortage Area” because of its lack of access to a range of medical specialties. “Sam has been sole obstetrician gynecologists serving Sullivan County for the past four years.”

He is “the only doctor who can perform high risk obstetrical services and specialized in gynecological procedures for the women of Sullivan County.” He has delivered more than 200 babies, and he has performed over 350 gynecologic surgical procedures.

“According to Michelle Franklin, chief executive officer of Sullivan County Community Hospital, Sam is a faithful and hard-working physician, and the loss of his services would likely force them to cease obstetrics services at the hospital,” forcing women go seek services at the next nearest hospital 22 miles away or another option 45 minutes away, the filing adds.

Wahib has not practiced medicine in Ohio since 2017. He closed his practice in Youngstown because of the ongoing investigation and his Ohio Medicaid suspension, the filing states. He has worked in other states since then, seeing his wife and daughters one weekend per month, the filing states.

Prosecutors have not filed a sentencing memorandum, according to the the case docket.

erunyan@vindy.com