COLLEGE PARK, GA, March 24, 2014 (LifeSiteNews.com) – A Georgia abortionist linked to Attorney General Eric Holder has been sentenced to four years in prison for defrauding Medicaid of more than $386,000.
Tyrone Cecil Malloy rented the space where he housed his abortion facility from Eric Holder’s wife and sister-in-law. Dr. Sharon Malone Holder, an OB-GYN, and Margie Malone Tuckson of Minneapolis owned the building where Malloy opened his Old National Gynecology, located at 6210 Old National Highway in College Park.
On March 10, a jury convicted Malloy of two counts of Medicaid fraud.
Over the course of three years, Malloy charged the state Medicaid program $255,000 for ultrasounds that he never performed. He also charged $132,000 for abortion office consultations and procedures.
State law and the federal Hyde Amendment prohibit the use of Medicaid dollars for elective abortions.
Last Friday, DeKalb Superior Court Judge C. J. Becker sentenced Malloy to four years in prison for Medicaid fraud. Malloy must also serve six months probation and pay some restitution to the Georgia Department of Community Health. Judge Becker will determine the amount at a later hearing.
The ruling comes too late for a 23-year-old woman who died of a botched abortion at his facility in March 2008. The woman, who had anemia and a trait of sickle-cell, came to Malloy for an abortion at 25-weeks. She suffered a heart attack after the procedure, and emergency room surgeons found she had suffered a punctured uterus.
The young woman, identified only as “S.M.” in court documents, died shortly afterward.
In January 2009, the State Board of Medical Examiners reprimanded Malloy for his role in the death but allowed him to continue practicing.
In 2004, the State Board of Medical Examiners ruled that Malloy “failed to conform to the minimum standard of acceptable and prevailing medial practice” after a pregnant woman lost her child, because she was not given a c-section quickly enough.
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The abortionist had tried to get the Medicaid fraud charges dismissed, telling the Georgia Supreme Court that the law was unconstitutionally vague, because it did not explicitly state that he could not charge for abortion-related services.
“The state is using its vast police powers to harass, persecute, and undermine one of its citizens to further an obvious political agenda,” Malloy’s lawyers claimed in their brief.
Presiding Justice Hugh Thompson said the laws were clear – and their clarity was irrelevant when it came to charging for procedures Malloy never performed.
Malloy “had sufficient notice of the prohibited conduct,” he ruled.
“An ordinary person can easily understand that knowingly taking money from Medicaid to which one is not entitled is prohibited conduct,” he wrote. “Further, appellant’s contention that the statute is unconstitutionally vague with respect to expenditures related to abortions because the manual is too vague on this subject is relevant to the issue of whether appellant knowingly made false claims, a question of fact which does not overcome the presumption that the statute is constitutional.”
Catherine Davis, co-founder of the National Black Pro-life Coalition and the Restoration Project, called Malloy's arguments “ludicrous,” saying state officials were “pursuing criminal charges that probably should have been brought 20 years ago.”
“With Tyrone Malloy in jail, our tax dollars are no longer lining his pockets. In addition, pregnant women and their babies are protected from Malloy's corruption and his shoddy medical practices. We are grateful that this criminal is behind bars today where he belongs,” said Operation Rescue President Troy Newman.