Did William D. Fabian, Ph.D. Commit Criminal Fraud?

In May 1994 I underwent a battery of psychological testing at the George Washington University Medical Center Department of Psychiatry and Behavioral Sciences.  The testing was performed by a resident named Yu-Ling Han who worked under the supervision of William D. Fabian, Ph.D.

The testing failed to yield any psychiatric diagnosis and did not disclose any psychotic thought processes.  A handwritten bill prepared by Dr. Fabian, in his handwriting, for account number 1287229, physician number 0918, in the amount of $715 ($700 charity, $15.00 billed to me) assigned the diagnosis DSM-III 297.10, Delusional (Paranoid) Disorder, a psychotic mental illness for which anti-psychotic medication may be indicated.

The psychotic diagnosis assigned by Dr. Fabian was inconsistent with the results of the testing and may have constituted a fraud on the Social Security Administration under U.S. Code Title 42:

TITLE 42 CHAPTER 7 SUBCHAPTER VIII § 1011

§ 1011. Penalties for fraud


(a) In general

Whoever—

(1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in an application for benefits under this subchapter;

(2) at any time knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining any right to the benefits;

(3) having knowledge of the occurrence of any event affecting—

(A) his or her initial or continued right to the benefits; or

(B) the initial or continued right to the benefits of any other individual in whose behalf he or she has applied for or is receiving the benefit,

conceals or fails to disclose the event with an intent fraudulently to secure the benefit either in a greater amount or quantity than is due or when no such benefit is authorized; or

(4) having made application to receive any such benefit for the use and benefit of another and having received it, knowingly and willfully converts the benefit or any part thereof to a use other than for the use and benefit of the other individual,

shall be fined under title 18, imprisoned not more than 5 years, or both.