Leah B. Foley United States Attorney for the District of Massachusetts | Department of Justice
A former New York physician, Dr. Kenneth Fishberger, has been sentenced in federal court in Boston for his involvement in a health care fraud scheme involving kickbacks for ordering unnecessary brain scans.
Dr. Fishberger, 76, of East Setauket, New York, received a sentence on December 9, 2025 from U.S. District Court Judge Nathaniel M. Gorton that includes two years of supervised release, with one year to be served under home confinement and location monitoring. He was also ordered to pay a $50,000 fine, forfeit $48,000, and pay restitution totaling $342,876.
In November 2024, Fishberger pleaded guilty to one count of conspiracy to commit health care fraud.
Fishberger had practiced as an internist in Long Island for about 47 years. Between June 2013 and December 2019, he conspired with others—including a principal at a mobile medical diagnostics company—to order hundreds of transcranial doppler (TCD) scans that were not medically necessary. TCD scans are used to measure blood flow in the brain.
According to prosecutors, Fishberger and his co-conspirators used false diagnoses to justify the tests. A co-conspirator then submitted claims for payment to Medicare and private insurance companies on behalf of the diagnostic company. In exchange for each test ordered, Fishberger received approximately $100 in cash kickbacks. The fraudulent scheme resulted in about $891,978 in bills submitted to Medicare and private insurers.
The announcement was made by United States Attorney Leah B. Foley; Roberto Coviello, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General; Ted E. Docks, Special Agent in Charge of the FBI’s Boston Division; Thomas Demeo from the IRS Criminal Investigation Division; Kelly M. Lawson from the Department of Labor Employee Benefits Security Administration; Nicholas Bucciarelli from the U.S. Postal Inspection Service; and Christopher Algieri from the Department of Veterans Affairs Office of Inspector General.
Assistant U.S. Attorney Mackenzie Queenin prosecuted the case.
