Namihas’ Retrial on Mail Fraud Charges Set for October

A federal judge Monday set Oct. 24 as the date ex-Tustin gynecologist Ivan C. Namihas will be retried on mail fraud charges.

U.S. District Judge Linda H. McLaughlin’s decision came a week after Namihas’ first trial on 10 counts of mail fraud ended in a hung jury, with jurors split 10 to 2 in favor of conviction.

Namihas, once the subject of the largest-ever medical sexual-abuse investigation in California, is accused of duping six patients into believing they had deadly diseases such as cancer and AIDS, and then using the mail to bill them and their insurance companies for more than $9,000 worth of allegedly unnecessary laser surgery.

The California Medical Board revoked the 62-year-old physician’s license in 1992 after more than 160 former patients complained that he had sexually abused them. But prosecutors did not press sexual assault charges against Namihas, saying the statute of limitations had expired in most of the cases and that they lacked corroborating evidence.

Namihas has denied the charges and maintained that he never purposefully misdiagnosed illnesses or gave inappropriate treatments to patients.

Assistant U.S. Atty. Jonathan Shapiro said his office decided to retry Namihas after reviewing the evidence in the case and speaking with jurors, several of whom said they hoped Namihas would have to face charges again.

McLaughlin said she would rule in June on a defense request that she acquit Namihas. Defense attorney Paul Meyer said after Monday’s hearing that he will cite constitutional grounds when he files arguments urging his client’s acquittal. But Meyer declined to specify what his strategy would be.

“I think this judge is very conscientious and very fair,” Meyer said. “I am very comfortable to leave it in her hands.”