The former president and founder of Florida Cancer Specialists & Research Institute (FCS), an oncology provider network, has entered a guilty plea in connection with a conspiracy related to the allocation of cancer treatments in southwest Florida.
According to a release from the U.S. Department of Justice, court documents filed in the U.S. District Court in Ft. Myers show William Harwin, MD, was involved in collusion, wherein chemotherapy drugs were directed to FCS, while radiation treatments were designated for another oncology company. This severely limited the choices available to patients in need of life-saving cancer care in Lee, Collier, and Charlotte Counties of Florida from 1999 until September 2016.
Harwin admited to his role in the conspiracy and admited to violating Section One of the Sherman Act – an antitrust regulation.
“This long-running criminal conspiracy denied cancer patients access to a competitive marketplace for lifesaving oncology treatments,” Emma Burnham of the Justice Department’s antitrust division said in a statement. “The antitrust division will not hesitate to prosecute health care providers who choose profits over patients.”
FCS was also charged in April 2020 for its role in the same antitrust conspiracy. The company agreed to a deferred prosecution arrangement, wherein FCS acknowledged its involvement, leading to a $100 million criminal penalty and cooperation with the ongoing investigation of Harwin.
The court will set a date for sentencing Harwin sometime in 2023.
Harwin founded FCS in 1984, and his profile on the company website says he is "passionate about ensuring that patients have convenient access to world-class oncology care close to home."
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