Former Rye eye surgeon Ameet Goyal, who serving his ninth month in prison for committing health care fraud, is asking a federal judge to cancel the rest of his 8-year prison sentence.
Goyal, 59, claims he had strong defenses against the charges, according to a motion to vacate his conviction and prison sentence that was filed Feb. 23 in U.S. District Court, White Plains. But he says his attorney pressured him to plead guilty so as not to face a 30-year prison sentence.
“But for counsel’s advice regarding the lack of a defense and the certainty of a 30 year term of imprisonment, defendant would never have entered a guilty plea,” the motion states. “Instead, he would have proceeded to trial.”
But in September 2021 when he entered guilty pleas to health care fraud, bank fraud, wire fraud and making false statements, he assured U.S. District Judge Cathy Seibel, under oath, that he was indeed guilty and that he was satisfied with his legal representation by the Makasey Frenchman law firm.
Goyal overbilled Medicare and private insurance plans by $3.6 million from 2010 to 2017, according to court records, at his ophthalmology practices in Rye, Mount Kisco, Wappingers Falls, and Greenwich, Connecticut.
He submitted insurance claims for lucrative, complex eye surgeries when simpler procedures or none at all had been performed.
After he was caught, he stole $637,200 in pandemic relief funds from the federal Paycheck Protection Program.
Judge Seibel sentenced Goyal last year to eight years in prison and five years of supervised release and ordered him to forfeit $3.6 million in ill-gotten gains.
Now Goyal claims that prosecutors had offered him a plea deal in 2019, before he was indicted, that stipulated a prison sentence of 51 to 63 months. But his defense attorney advised that he could win the case and that a guilty plea was not in his best interest.
Then in 2021 his attorney allegedly assured him that he had no defense and if were convicted at trial the court would certainly impose a prison term of 30 years.
The various charges carry maximum prison sentences of 5 to 30 years. Federal sentencing guidelines called for up to 15 years and 8 months in prison.
Prosecutors recommended from 12 years to nearly 16 years. Goyal’s legal team recommended between 4 and 10 years. Judge Seibel sentenced Goyal to 8 years.
Goyal argues that he rejected the original plea offer of up to 63 months (five years, 3 months), because his attorney was ineffective. Likewise, his guilty plea was involuntary because of ineffective legal assistance. Therefore, he says, his conviction and sentence should be vacated.
During his plea hearing, Judge Seibel asked Goyal if he understood that any estimate or prediction of his prison sentence could be wrong.
“Yes, your honor, I do,” he replied.
Did he understand that her sentencing decision could be different than a plea agreement or what his attorney predicted?
“I understand,” Goyal said.
Other than the plea agreement, has anyone promised him anything to plead guilty?
“No, they have not.”
Did he understand that he was giving up the right to appeal or challenge a sentence within or below the stipulated guidelines?
“Yes, your honor, I understand.”
Could he say in his own words what makes him guilty?
“My actions were intentional and willful. … What I did was wrong, plain and simple. No excuses. I apologize to the court, to the government and insurance companies and to my community.”
Was he pleading guilty voluntarily and of his own free will?
“Yes, I am.”
Did he understand that the only exception to waiving his right to challenge the prison sentence was a claim of ineffective assistance of counsel?
“Yes, your honor, I understand.”
And now Goyal is citing that exception and alleging that his legal counsel was ineffective.
He did the same thing to me in 2006. He charged my insurance company then a month later wanted me to pay out of pocket for a revision.He did each eye a week apart which I found out was not the way to do it to get them symmetrical and I still have visual trouble in one eye ant the other is so wide open shaped totally different. I have stayed with eyes that have scar tissue on them and different shapes since then. I did not go back to him I didn’t trust what he did or him asking for money out of pocket.
Dr Goyal did my husband’s eyes. Left him with lower eye lids bending outward. Total mess!!!!!
We found a different eye surgeon, with the help of a well-respected retinal specialist, and this Doctor agreed to try to fix the problem……he did warn us that he would TRY, and of course, could not promise that he could undo the damage that Dr Goyal created.
Thankfully, the first eye he did came out beautifully, so we booked the second surgery with him.
This second Doctor was like an angel of mercy recommended by our retinal specialist
I am happy to report that my husband’s lower eyelid problem is now a thing of the past