The Herald, Sharon, Pa.

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May 2, 2008

Detelich appeals conviction

By Joe Pinchot

HERMITAGE — The former Hermitage chiropractor convicted of health care and mail fraud has appealed his case.

Brent J. Detelich, 38, of Clearwater, Fla., formerly of Hermitage and Clark, was sentenced last month to 3 years in prison.

The appeal will not affect the start of Detelich’s prison term, said Assistant U.S. Attorney Shaun E. Sweeney. Detelich was granted permission to self-report to prison, and will be notified by the U.S. Bureau of Prisons of as the date and location to which to report, Sweeney said.

The appeal did not specify what issues form the basis of Detelich’s appeal, and his attorney, Robert J. Ridge, Pittsburgh, did not return a message, but Ridge left plenty of objections on the record that could conceivably become appeal fodder.

A long-standing argument between Ridge and Sweeney was whether government officials filed the indictment within the five-year statute of limitations.

Ridge claimed the alleged illegal conduct ceased prior to November 2000 — the indictment was handed down in November 2005 — while prosecutors, the jury and the judge concluded it continued into 2001.

At Detelich’s sentencing, U.S. District Court Judge Joy Flowers Conti made three rulings against Detelich that affected his prison guidelines range, the advisory range that judges must consider before handing down a sentence.

The guidelines are based on the crime, past criminal history, and other factors.

Judge Conti ruled that Detelich had obstructed justice in two conversations with witnesses in which he tried to influence how they dealt with investigators. The conversations were recorded.

Judge Conti also concluded that Detelich did not play a minor role in the scheme to defraud Highmark Inc. by billing for services that were not rendered to patients of the former Detelich Chiropractic and the former Advanced Medical and Holistic, both of Hermitage. Detelich was the organizer and ring leader of the scheme, Judge Conti said.

Ridge also argued that Detelich had accepted responsibility for his illegal actions, even though he took the case to trial. Ridge said Detelich challenged two parts of the scheme outlined in the indictment that prosecutors ended up abandoning. With those issues gone, the only thing left to contest was the statute of limitations issue, Ridge said.

“We admit that he did wrong things and should pay for them,” Ridge said.

Judge Conti saw things differently. She said Detelich contested factual issues, such as whether fraudulent billings occurred.

“There was no acceptance of responsibility,” she said.

The guidelines recommended a prison term of 41 to 51 months, but Judge Conti gave Detelich a 36-month sentence in recognition of him ending his substance abuse, and the good work he had done helping people with business, personal and substance abuse problems.

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