YOUNGSTOWN — Dr. Michelle Kapon of Youngstown was sentenced in the Northern Ohio U.S. District Court on Tuesday to two years of probation.

Judge J. Phillip Calabrese also added a fine of $8,000 and restitution of $75,460, jointly and severally owed with Dr. Samir Wahib.

Along with Wahib and Dr. Joni Canby, Kapon was involved in a kickbacks scheme that defrauded Medicaid and Medicare programs.

According to a sentencing memorandum from Kapon’s attorney, Ronald 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.

At her arraignment in February 2021, Kapon pleaded guilty to conspiracy to solicit, receive, offer and pay kickbacks in connection with a federal health care program and two counts of receiving kickbacks in connection with a federal health care program.

Kapon, a licensed family medicine practitioner since 2009, attempted to obtain reimbursement for testing that was not medically necessary along with the other two involved doctors, prosecutors alleged.

A sentencing memorandum from Yarwood states Kapon began her practice after being mentored by Canby. The memorandum states that Canby became “increasingly influential” to Kapon.

Canby was sentenced to two years of probation, a $30,000 fine and restitution of $135,632 on June 23. She also was ordered to complete remedial educational courses in professional ethics, and pay a $5,000 fine, as she is “disgraced by the medical community,” according to the Ohio State Medical Board. Her license is now suspended, indefinitely, for at least one year, as of March 8.

“Although Dr. Kapon did receive a kickback for the referrals, she always viewed every lab test request as medically necessary, and she was not motivated by the payment of the kickback but rather enticed by receiving the necessary baby delivery coverage and call coverage,” Yarwood’s memorandum further stated.

The State Medical Board of Ohio also mentioned that “Following a full administrative hearing and subsequent board hearing, Dr. Kapon received a license suspension for her role in this matter.”

The document continued, “she now has an active license to practice medicine but cannot participate in any federally or state funded Medicare or Medicaid plans.”

Wahib pleaded guilty June 7 in U.S. District Court in Cleveland to 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.

He will be sentenced at 2 p.m. Sept. 12 before Calabrese.

dnewman@tribtoday.com