Balmaceda Attorney Disputes Account of Alleged Bribe

An attorney for Dr. Jose P. Balmaceda on Friday strongly disputed testimony this week by a former UC Irvine fertility clinic employee that the doctor last year tried to bribe her to keep quiet about her experiences in the scandal-engulfed fertility clinic.

Paul Raymond, Balmaceda’s criminal attorney, also disputed testimony by former office supervisor Toula Batshoun that Balmaceda’s civil attorney, Patrick Moore, was involved in any bribe attempt.

“We absolutely deny that there was any bribery,” Raymond said. “There was no offer of money and no offer to buy her silence. . . . It never happened.”

Balmaceda is one of three physicians accused by the University of California of stealing eggs and embryos from patients, engaging in research misconduct and committing financial wrongdoing. He and his partners have repeatedly denied intentional wrongdoing.

Balmaceda moved to Chile last summer and could not be reached at his Santiago clinic for comment. Moore declined to comment.

On Wednesday, Batshoun, who worked for the clinic between 1986 and 1993, testified under oath at a deposition that days after the scandal became public last May, she met with Balmaceda and Moore in Moore’s law office. During the conversation, she testified, she was offered what she thought was a bribe to buy her silence.

No monetary amount was discussed and no money ever changed hands, Batshoun testified. She said that she was insulted by what she saw as a bribe offer, although she did attend a second meeting with Balmaceda.

“Consider the source,” Raymond said Friday. He pointed out that Batshoun admitted during the deposition to lying under oath in a previous deposition in a medical malpractice case and to preparing fraudulent insurance claims.

Batshoun was forced to resign from the university in January 1993 but was never charged with a crime. Last summer, she gave the university documents that formed the basis for allegations the doctors had involved as many as 35 patients in improper egg and embryo transfers.

Raymond said Balmaceda was “shocked” and “outraged” to hear of Batshoun’s testimony, as was Moore.

“It is shocking to hear of a lawyer of Pat’s stature being accused of a bribe,” Raymond said. “Pat is a very well respected attorney in . . . the community.”

Raymond said he could not speculate on Batshoun’s motives for her account of the meeting. He did say, however, that it was Batshoun who arranged for the gathering. She was “upset” about being contacted by the university or criminal investigators, Raymond said.

“Pat Moore arranged to have the meeting in his office so everything remained above-board,” Raymond said.