Convicted Palm Beach doctor wins reprieve to watch births of grandkids

A dermatologist who lives in a $27 million oceanfront mansion in Palm Beach won’t have to report to prison on health-care fraud charges until August so he can be present at the births of two grandchildren.

Gary Marder, 61, who pleaded guilty in February to charges of health care fraud and obstruction of a criminal health care investigation, had been allowed to remain free on bond until next week when he was to turn himself to begin serving a three-year sentence

But when Marder’s attorney, Richard Lubin, last week said the deeply religious father of six wanted to be present at the birth of his first grandson and the accompanying bris, U.S. District Judge Robin Rosenberg agreed the doctor could remain free for another four months.

“This is a very important religious event in the Orthodox branch of Judaism, and accordingly, Mr. Marder would very much like to attend this event,” Lubin wrote, referring to the looming July 18 birth of his grandson.

A granddaughter is to be born on Aug. 12 and Marder would like to be present for that as well, Lubin wrote.

Assistant U.S. Attorney Ellen Cohen objected to the request. “Defendant has known of this case since at least as early as April 22, 2015, and now is the time to bring this matter to a close with the commencement of his service of his term of incarceration,” she wrote.

Rosenberg agreed to delay Marder’s incarceration until Aug. 27 only after Lubin said he would not seek another extension.

Marder was stripped of his medical license and ordered to pay $368,000 in restitution after admitting he falsely billed federal insurers for a radiation specialist and added bogus paperwork to patient files to mislead investigators.

He already paid $6 million to settle a civil lawsuit government lawyers filed against him in connection with phony bills he submitted while treating patients at his offices in Port St. Lucie and Okeechobee. In the lawsuit, originally filed as a whistleblower’s case, the government attorneys said Marder “massively overbilled” government insurers. Had he not paid the settlement immediately, his obligation would have ballooned to $41 million, according to the agreement.

Leaders of the Jewish community filled the courtroom during his two-day sentencing hearing in February. Marder had sought house arrest, asking to be allowed to atone for his misdeeds by volunteering at a Jewish school. The sentence Rosenberg handed him was less than the four years recommended by federal sentencing guidelines.

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