A Valley doctor who pleaded guilty to her role in a Medicare and Medicaid kickback scheme is citing influence from two other doctors as her attorney argues for a lighter sentence.

Michelle Kapon of Youngstown is scheduled to appear before a federal judge on July 25 after pleading guilty earlier to charges of Conspiracy to Solicit, Receive, Offer, and Pay Kickbacks in Connection with a Federal Health Care Program, and Receipt of Kickbacks in Connection with a Federal Health Care Program.

According to court documents,  Kapon and OBGYN Joni Canby, 62 of Poland, received kickbacks from OBGYN Samir Wahib after sending samples from their patients to him for gonorrhea and chlamydia testing.

Investigators say that Wahib, 53 of Canfield, paid $20 in kickbacks to Canby and $15 to Kapon for every specimen they sent to him.  Wahib would, in turn, allegedly submit claims to the federal government for payment for the tests.

The government claims the payments were disguised as “physician coverage” on checks from Wahib’s business account.

Between 2014 and 2017, Wahib paid $31,520 to Kapon and Canby, while Wahib submitted 42 related claims to Medicare and Medicaid, according to investigators.

In a memorandum filed in U.S. District Court, Kapon’s attorney referred to her relationships with the other two doctors, saying that Dr. Canby was Kapon’s mentor and became increasingly influential in Kapon’s life.

“In short, Dr. Canby had become embedded into Dr. Kapon’s life. Dr. Kapon completely trusted Dr. Canby’s judgment. This proved to be misplaced,” attorney Ronald Yarwood wrote.

Yarwood’s memo also claims that as OB-GYN Department Chair for Northside Hospital, Dr. Wahib had the power to mandate certain requirements on Dr. Kapon, including that she must always have a board-certified OB-GYN available during delivery, and she must always have a call coverage for any patients when she is not available.

“Dr. Wahib then agreed to assist in fulfilling these requirements that he created as a board director in exchange for referrals of lab testing specimens to a lab that he owned and controlled. Although Dr. Kapon did receive a kickback for the referrals, she always viewed every lab test request as medically necessary, and she was not motivated by the payment of the kickback but rather enticed by receiving the necessary baby delivery coverage and call coverage,” according to the sentencing memorandum.

The memorandum asks the judge to fine Kapon, sentence her to probation, and order her to pay $37,730 in restitution.

Dr. Wahib has pleaded guilty to Conspiracy to Solicit, Receive, Offer, and Pay Kickbacks in Connection with a Federal Health Care Program; Offering or Paying Kickbacks in Connection with a Federal Health Care Program; Conspiracy to Commit Health Fraud; Health Care Fraud; and Obstruction of a Criminal Investigation of Federal Health Care Offenses. His sentence is scheduled to take place on September 12.

Dr. Kapon’s medical license was suspended following a medical board hearing. She currently has an active license to practice medicine but can’t participate in any federally or state-funded Medicare or Medicaid plans.