United States v. Steven L. Kaplan, M.D.

This is an appeal from a final judgment of conviction in a criminal case. Appellant, a medical doctor, was convicted of mail fraud in a scheme aimed at defrauding an insurance company and of prescribing controlled substances for reasons other than legitimate medical purposes. A five year sentence of unsupervised probation was imposed on August 7, 1984. This court has jurisdiction pursuant to 28 U.S.C. § 1291 .

FACTS

Appellant, Steven L. Kaplan, was a physician duly licensed to practice medicine in the state of Nevada. This case arose from two independent investigations being conducted by state and federal law enforcement agencies into appellant’s medical and controlled substance prescription practices. The Federal Bureau of Investigation’s (FBI) investigation of appellant centered around allegations that he was involved in and engaging in schemes aimed at defrauding various insurance companies. The FBI's investigation also concerned itself with the controlled substance prescription practices of appellant. A separate investigation of appellant’s prescription practices was also conducted during this same time period by the Investigative Division of the state of Nevada.

The two…