On behalf of Dr. Omar Garcia

Dr. Omar Garcia was tried in a Grand Jury trial in February of 2020, 18 CR 833-1 of the Northern District of Illinois. Dr. Garcia was found guilty, and in February of 2021 sentenced. The indictment stated that Dr. Garcia prescribed and authorized Allergy tests as part of a Scam to defraud Medicare. The facts of the case took a secondary position and the assumption of a bad character as presented to the jurors by the prosecution took a primary role. Dr. Garcia did not present any witnesses as it was not recommended by his counsel and he was strongly discouraged from testifying by his counsel. All of these, left Dr. Garcia with no substantial defense and the jurors with one side of the events, the one presented by the prosecution.

There are a few facts that were overlooked during this trial and that led to Dr. Garcia`s conviction. The first one relates to a witness by the prosecution, Francisco Banez, NP. Who had a collaborative agreement with Dr. Garcia.  Mr. Banez testified that he prescribed and authorized the allergy tests under pressure by the owners of Grand Medical. He further stated that he never sought advise or complained to Dr. Garcia about such practice.

The second fact is that a Juror wrote an email to Judge Kennelly days after the trial stating that he never saw any evidence that Dr. Garcia had prescribed any tests, but wasn`t sure about authorizing them. The fact is that, when it comes to a fully licensed medical provider with full prescriptive authority, prescribing and authorizing cannot be separated. It would be the same as to say that if an individual goes to a pharmacy to fill a prescription written and signed by a Nurse Practitioner, the prescription would also need the signature of the Medical Doctor having collaborative agreement with the NP, in order for the medication to be dispensed. Furthermore, the order to perform allergy tests were given verbally as stated by Mr. Banez. Dr. Garcia signed the History and Physical forms performed by the Nurse Practitioners as required by the State of Illinois.

The third important fact is that Dr. Garcia was obviously no part of this scam. It is now known that the Scam existed at least two years prior to coming to Chicago, and that Dr. Garcia had no knowledge or contact with these individuals prior to their arrival to Chicago. Also, Judge Kennelly, during the sentencing hearing stated that he did not think Dr. Garcia was a part of the Scam to defraud Medicare.

Dr. Omar Garcia is a humanitarian and philanthropist, opening two free medical clinics in the northern Illinois area, and in one of such, he was the sole financier. Dr. Garcia had just finished medical residency when he started working for Grand medical and was unaware and unprepared to face the legal challenges ahead, being an easy prey to those who had set out to commit the crimes.

We, those who know and support Dr. Garcia, ask you to have another look and consideration of the facts of this case.