The indictment was announced by United States Attorney for the District of Maryland  Rod J. Rosenstein; Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation;  and Special Agent in Charge Nicholas DiGiulio, Office of Inspector General of the Department of Health and Human Services, Philadelphia Region which includes Maryland.

“The indictment charges that Dr. McLean egregiously violated the trust of his patients and made false entries in their medical records to justify implanting unneeded cardiac stents and billing for the surgery and follow-up care,” said U.S. Attorney Rod J. Rosenstein.  “The indictment alleges fraud and false statements; we do not bring federal prosecutions for discretionary judgments about which reasonable medical professionals might disagree.”

According to the seven count indictment, McLean had a private medical practice known as John R. McLean M.D. and Associates, located at 1315 S. Division Street in Salisbury.  He had hospital privileges at the Peninsula Regional Medical Center (“PRMC”). From at least 2003 to May 2007, McLean allegedly performed cardiac catheterizations on patients at PRMC and falsely recorded  in the patients’ medical records the existence or extent of any coronary artery blockage, known as lesions, observed during the procedures. A coronary stent was not considered medically necessary absent a diagnosis of at least a 70 percent lesion and symptoms of blockage.  In order to increase his profit, McLean allegedly implanted cardiac stents in patients who had neither a 70 percent or more blockage nor symptoms of blockage.

The indictment alleges that McLean ordered that his cardiac patients have routine follow up visits and undergo unnecessary diagnostic testing such as Cardiolite Stress Tests, echocardiograms and electrocardiograms.  McLean allegedly caused claims in the total amount of $519,063 for medically unnecessary procedures, services and testing to be submitted to health care benefit programs, including Medicare.

McLean is alleged to have shredded and attempted to shred documents that were subpoenaed by the Maryland Board of Physicians and the United States Attorney’s Office for the District of Maryland during an investigation of his medical practice.

The indictment seeks forfeiture of $519, 063 and two properties located in Ocean City and Salisbury, Maryland.

McLean faces a maximum sentence of 10 years in prison for health care fraud and five years in prison on each of six counts of making false statements relating to health care matters. No court proceedings have been scheduled yet.

An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.