| . J A-Ce STATE OF FLORIDA DEPARTMENT OF HEALTH DEPARTMENT OF HEALTH, PETITIONER, V. | CASE NO. 2007-00069 ALEX T. ZAKHARIA, M.D., | RESPONDENT. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Heaith, by and through its undersigned counsel, and files this Administrative Complaint before the Board of Medicine against Respondent, Alex T. Zakharia, M.D., and in support thereat alleges: 1. | - Petitioner is the state department charged with regulating the practice ot medicine pursuant to Section 20.43, Florida Statutes; Chapter 456, Florida Statutes; and Chapter 458, Florida Statutes. , 2, At all times material to this Complaint, Respondent was a licensed physi within the State of Florida, having been issued license number ME 41559. 3. _ Respondent is board certified in surgery and thoracic surgery. APSU\Medleet\hitson D\Administrative Compiaints\Zakharia 2007-Q0062\Administrative Complaint.doc 60 ‘d . Ole9_ 8008 PL 4ON OT:3T 8002 fT AON em we tC © ~ 4, Respondent's address of record is 6262 Sunset Drive #401, South mim Florida 33143. 5. On or about November 30, 2006, a federal grand jury returned an indictment charging Respondent with Perjury, Mail Fraud and Wire Fraud in violation of Title 18 United States Code, Sections 1341, 1343, and 1623. The clerk assigned the case number 2:06cr-20621 to the indictment. 6. | The indictment alleges that between late 2001 through late 2003, Respondent held himself out as an expert witness in medical malpractice cases. In order to enhance his credibility as an expert witness in cases involving coronary artery bypass grafts, Respondent falsely testified that he performed 10 to 12 of these surgeries each year, when in | fact he had not performed that surgery for several years before his testimony. The indictment further alleged that Respondent used the U.S. mail and interstate communications to defraud a plaintiff who relied on his testimony in McCatty v. Clancy, a medical malpractice case. The indictment also alleges that Respondent gave false testimony concerning his coronary artery bypass graft experience during a deposition in Rodgers v. United States, another malpractice case. 3:\PSU\Medical\Allison D\Acministrative Complaints\Zakharia 2007-00069\Administrative Complaint.doc 2 pO‘d Ole9_ 8008 FL “ON OT:3T 8002 fT AON ’ 3 7. : On or about September 18, 2007, the United States Attorney for the Easter District of Michigan filed a superseding information against Respondent. The superseding information charged Respondent with violating Title 18 United States Code, Section 401 for being in Contempt of Court by Knowingly testifying falsely regarding his experience in the case of Rodgers y United States, 01-73129 in the Eastern District of Michigan — which false testimony obstructed the administration of justice. , 8, | On or about September 18, 2007, Respondent entered into a plea of guilty in United States v. Alex Zakharia, M.D., Case No. 2:06cr- 20621, before the Honorable Paul D. Borman in the United States District Court for the Eastern District of Michigan, to the crime of misdemeanor Contempt of Court. The terms of the agreement require Respondent to ' make payment of restitution to the victims; retire from the practice of medicine not later than the day of sentencing or December 31, 2007 whichever comes first; draft and seek to publish. in a professional medical journal a letter in which he acknowledges his offense and his responsibility for it, and the consequences of that offense to him and to the administration of justice. J:\PSU\Medical allison D\Administrative Complaints\Zakharia 2007-00069\Administrative Complaint.doc 90d Ole9_ 8008 PL 4ON OT:3T 8002 fT AON ’ d 9. | Section 458.331(1)(0), Florida Statutes (2007), subjects a licensee to discipline, including suspension, for being convicted or found quilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice medicine 10. | Respondent entered a plea of guilty to a crime which relates to the practice of medicine, or the ability to practice medicine, by pleading guilty on September 18, 2007, in United States v. Alex Zakharia, M.D., Case No. 2:06cr-20621 to the crime of misdemeanor Contempt of Court. 11. | Based on the foregoing, Respondent violated Section 458.331(1XC), Florida. Statutes (2007), when Respondent entered a guilty plea to a crime in any jurisdiction which relates to the practice of, or the ability to practice medicine, when Respondent pled guilty to misdemeanor Contempt of Court in violation of Title 18 United States Code Section 401. WHEREFORE, Petitioner respectfully requests that the Board of Medicine enter an order imposing one or more of the following penalties: permanent revocation or suspension of Respondent's license, restriction of . practice, imposition of an administrative fine, issuance of a reprimand, placement of Respondent on probation, corrective action, refund of fees 3:\PSU\Medical\Allison D\Administrative Complaints\Zakharia 2007-00069\Administrative Compiaint.doc 4 90 ‘d LLESL 800@ fl AON TT:9T 8002 fT ACN og , : ee | J billad or collected, remedial education and/or any other relief that the Board deems appropriate. sche this Isr. day of Meth , 2008. Ana M. Viamonte Ros, M.D., M.P.H. Secretary, Department of Health a i # Allison M. Dudley Assistant General Counsel j DOH Prosecution Services Unit 4052 Bald Cypress Way, Bin C-65 » Tallahassee, FL 32399-3265 FILED... DEPARTMENT OF EEA Florida Bar #159913 OLERK: | ; (850) 245-4640 Office pave 2:24 8 (850) 245-4680 Facsimile PCP: alan| O§ PCP vonbers EL-Bnh rr ¥ lointhester” ur J:\PSU\Medicsi\Allison D\Administrative Compiaints\Zakharis 2007-00069 \Administrative Complaint.doc é0‘d LLESL 800@ fl AON TE:3T 8002 fT “oN | NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Section 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified represen ative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces te jum issued on his or her behalf if a hearing is requested. _ NOTICE REGARDING ASSESSMENT OF COSTS costs related to the investigation and prosecution of this matter. Pursuant to Section 456.072(4), Florida Statutes, the Board shall ret is placed on notice that Petitioner has incurred assess a related to the investigation and prosecution of a disciplinary matter, which may include attorney hours and costs, on the Respondent in addition to any other discipline imposed. J:\PSU\Medical\ Allison D\Administeative Complaints\Zakharia 2007-00069\Administrative Complaint.doc 6 80 ‘d LL°Sk 800@ Pl AON TE:3T 8002 fT “oN

Docket for Case No: 08-005772PL