Stephen Chahn Lee

I was part of a trial team that defended an interventional cardiologist who was accused of health care fraud. We were able to show that the case was really about a difference in medical opinions, rather than fraud, in part by showing that the government's use of data was flawed. The government had made errors in its peer comparisons and its statistical analysis, and the government improperly tried to use data to show that the doctor had caused a patient's death when the patient file (which was in the government's possession) showed that the doctor had acted appropriately and that other medical professionals had agreed with his treatment. The jury acquitted my client of one charge and was hung on all other charges, and the government ultimately dismissed all remaining charges.

I represented a business owner who faced fraud and kickback charges. At trial, we used data to show that the government's cooperator was completely wrong about payments being on a per-patient basis, we showed that a key letter was never received by my client, and we presented a strong defense through my client's extensive testimony. The jury ultimately acquitted my client of all charges.

I represented at sentencing and on appeal a business owner who had been convicted at trial of violating the Anti-Kickback Statute. On appeal, I worked with former AUSA Annie Kastanek to argue that my client did not violate the AKS because the payments were not for "referrals," and the Seventh Circuit overturned the conviction.

When I was in the government, I made many recommendations to deter fraud, waste and abuse, including making a video that would help educate doctors and other medical professionals on the red flags they should avoid. In 2024, I decided to make such a video myself. Please share with doctors, especially doctors who are starting out and nearing retirement and who I think are particularly susceptible to getting used and manipulated as part of fraud schemes.

Stephen discussed how defense attorneys can use data analytics in white-collar cases, including cross-examining witnesses, rebutting improper peer comparisons, and other topics.

Stephen organized and co-hosted a re-enactment of the Wen Ho Lee case from 1999-2000 for an Asian Pacific American Heritage Month event. Stephen researched the original case, including examining original court filings and materials, and co-wrote the script. You can see Stephen in the video, and Stephen is organizing a similar presentation for the 2025 National Asian Pacific American Bar Association convention.

This was part 1 of a two-part podcast hosted by Stephen Lee regarding Operation Brace Yourself and a real-life case study involving DME owners who were charged with fraud and kickback charges.

This was part 2 of a two-part podcast hosted by Stephen Lee regarding Operation Brace Yourself and a real-life case study involving DME owners who were charged with fraud and kickback charges.