Scientology Lies

Defendant agrees to work pro bono in plea deal

by Laura Ayo, News-Sentinel staff writer

Indigent Scott County residents may receive free dental services from a former Campbell County dentist who was sentenced Monday in U.S. District Court for conspiring to commit health-care fraud.

After sentencing Dr. Richard E. Brittain Jr., 44, to serve a year in prison for the offense, U.S. District Judge Leon Jordan recommended that Brittain apply for a license which will allow him to practice pro bono dentistry under the supervision of another dentist for a limited period of time.

Brittain, who voluntarily surrendered his license in 1997 after an investigation into his activities, had faced from 18 to 24 months behind bars for bilking the Medicaid/TennCare program and private dental insurance plans out of more than $200,000 over a five-year period.

But defense attorney Bob Ritchie convinced Jordan his client should receive a lower jail sentence, based on the fact that Brittain has since rehabilitated himself by committing his life to God and serving others.

Ritchie said that B. Ray Thompson Jr. of the B.R. Thompson Charitable Trust and orthodontist Parker Marshall suggested that Dr. Brittain "would be a big help to the community by going free of charge to Scott County" for 12 months or more to provide free dental services.

Assistant U.S. Attorney Greg Weddle argued against the lower sentence, saying most white collar criminals, "when they get caught," recommit their lives to their faith and family.

Weddle also disagreed with Ritchie's description of Brittain as being "willfully blind" to the illegal activity, which was investigated by the Tennessee Bureau of Investigation and the FBI.

After attending a management training program conducted by the Church of Scientology in 1992, Brittain began offering his LaFollette office staff free cruises or $1,000 cash bonuses if they met the revenue-boosting goals he set, according to his plea-agreement papers.

He authorized his billing clerks to sign his name to insurance claim forms, the agreement papers stated, without reviewing them prior to submission. He also "engaged in actions" which caused the staff to submit the false claims on his behalf.

According to the agreement papers, Brittain and his office submitted claims from 1992 to 1997 for services that were not performed or not medically necessary.

"He profited tremendously," Weddle said. "When he was first approached by the TBI, he willfully concealed files ... and instructed employees to manufacture notations in dental files that would disguise the fraud."

But Jordan said he believed Brittain, who wore a tie decorated with Bibles and bright yellow crucifixes, had experienced "a complete life change," based on a stack of letters he reviewed.

Brittain, who after the sentence clasped hands in a circle with friends and relatives and prayed, told Jordan he wanted to "give praise to the Almighty for saving" him.

The judge also sentenced Brittain to pay back about $147,900, including $112,334 to the state's Medicaid program and the difference to various private insurance companies.

In addition, Jordan ordered Brittain to serve three years of supervised release, with the first three months to be spent in a halfway house. He also imposed a $4,000 fine and ordered Brittain to serve 1,500 hours of community service.