U.S. Attorney dismisses criminal case against Cape Girardeau doc - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

U.S. Attorney dismisses criminal case against Cape Girardeau doctor, fiancee


A federal criminal case against a Cape Girardeau neurosurgeon and his fiancee has been dismissed.

Dr. Sonjay Fonn and Deborah Seeger both stood accused of violating the Medicare Anti-Kickback statute by allegedly conspiring to solicit and receive commissions from medical device manufacturers related to the purchase of implants and supplies for Fonn's spinal fusion surgeries.

Jim Martin, attorney for the couple, says they are "thrilled" with the outcome and he's "very appreciative" of U.S. Attorney Richard Callahan's decision to reconsider the federal case.

Callahan dismissed that case without prejudice on December 15, 2015. That means charges could be filed again, but Martin says he does not anticipate that happening.

When asked for a statement, Callahan replied via email, "We will have no comment because there remains pending civil litigation against these individuals over the same subject matter in which we are seeking fines and penalties. When that litigation is concluded, we will comment."  

Martin says he made multiple presentations to Callahan to show this was not a criminal act and the indictment should not stand.

Fonn and Seeger face a very similar civil case that also accuses them of violating that Anti-Kickback statute.

Martin says he anticipates that case will go to trial, and he feels "confident" his clients will be vindicated.

The civil case was put on hold until January 18, 2016.

Martin says it's not clear yet how quickly it might move forward.

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