Criminal indictment dismissed against Cape neurosurgeon, business owner

A judge Tuesday dismissed federal criminal charges against a Cape Girardeau neurosurgeon at the request of prosecutors.

U.S. Magistrate Judge Abbie Crites-Leoni approved the government's motion to dismiss the criminal indictment against Dr. Sonjay Fonn; his then-fiancee, Deborah Seeger; her company DS Medical LLC; and Midwest Neurosurgeons LLC, which included charges of conspiracy to defraud the United States and illegal remunerations.

"We're very appreciative of the U.S. Attorney's decision," Fonn's attorney, Jim Martin, said. "It's been a long trying year, and (Fonn) to is grateful that the government was willing to reconsider their decision."

The motion to dismiss the indictment without prejudice was filed by U.S. Attorney Richard D. Callahan.

Martin and Seeger's attorney Sanford Boxerman said they had met with federal prosecutors twice to discuss the evidence in the case. Boxerman said there was a lot of interaction with prosecutors on the case.

"We never believed that a crime was committed; that was the pitch we made to the government," Martin said. "This is a very pleasant surprise. It is unusual to get a result like this at this stage of the process."

Fonn was accused of soliciting and receiving illegal compensation in the form of sales of commissions and other things of value from DS Medical in exchange for Fonn's orders of the manufacturer's medical devices, according to the initial complaint. The complaint alleged DS Medical would provide Fonn payment and other benefits to obtain orders from Fonn for spinal implants used in surgeries.

Fonn also was accused to have used DS Medical commissions to acquire real estate, vehicles, planes and other things of value. Some of the surgeries involving implants were arranged through Medicare or Medicaid, the initial complaint alleged.

Callahan released a statement on the case.

"We will have no comment because there remains pending civil litigation against these individuals over the same subject matter in which we are seeking fines and penalties," he wrote. "When that litigation is concluded, we will comment."

Fonn owns Old Town Cape Dining LLC, which includes The Bar, Stevie's Steakburger, Chocolate Works, Buckner Brewing Company and Namaskar.

A civil case regarding allegations of kickbacks filed by fellow doctors Terry Cleaver, Kyle Colle, Scott Gibbs, Paul Tolentino and Kevin Vaught, who claim Fonn performed unnecessary procedures, remains pending. The next court date for that is Jan. 19.

Boxerman said the case was holding until the criminal case was resolved.

"There's always a potential for resolution," Boxerman said of the civil case. "It's kind of early to talk about it."

A civil case alleging medical malpractice, Laura Archambeau vs. Dr. Sonjay Fonn and Midwest Neurosurgeons LLC, in Cape Girardeau County Circuit Court, was dismissed at the request of the plaintiff in October 2014.

bkleine@semissourian.com

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