Dr. William Harwin, former head of Florida Cancer Specialists, admitted to conspiring to allocate specific cancer treatments in Southwest Florida, violating the Sherman Act. The U.S. Department of Justice and FBI denounce such profit-driven schemes.
Acting Director of Criminal Enforcement Emma Burnham of the Department of Justice's Antitrust Division said, “This long-running criminal conspiracy denied cancer patients access to a competitive marketplace for lifesaving oncology treatments.” She added, “The Antitrust Division will not hesitate to prosecute health care providers who choose profits over patients.”
According to a press release from the Justice Department, in a significant development on August 23, Dr. William Harwin, a medical oncologist, and former president and managing partner of Florida Cancer Specialists & Research Institute LLC (FCS), pleaded guilty to a conspiracy to allocate oncology treatments for cancer patients in Southwest Florida.
Dr. Harwin was initially indicted in September 2020. The court documents presented to the U.S. District Court in Ft. Myers, Fla., revealed a disturbing scheme where he was found to be part of a conspiracy from 1999 to September 2016. The details suggest that Dr. Harwin conspired to stifle competition by agreeing to designate chemotherapy treatments for cancer patients specifically to FCS and radiation treatments to another unnamed oncology firm within Lee, Collier, and Charlotte Counties.
The guilty plea from Dr. Harwin pertains specifically to one count of violating Section One of the Sherman Act. Penalties can be as high as $100 million for corporations and $1 million for individuals, potentially accompanied by a prison term of up to 10 years. Additionally, if the illegal activities resulted in gains or caused losses surpassing $100 million, federal law allows for the maximum fine to be doubled.
Special Agent in Charge David Walker of the FBI Tampa Field Office also weighed in on the matter.
“The FBI will not stand by and allow those trusted with saving lives to manipulate the health care system for their own benefit,” Walker said. He further emphasized the unwavering commitment of the FBI and its partners in ensuring the protection of patient care and the integrity of the healthcare marketplace.
