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Why Do ASCs Fail? - August 2015 - Subscribe to Outpatient Surgery Magazine

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

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A year ago, I was sitting next to my hus- band, Ken, in a federal courthouse in Austin, Texas. I was there that day to be sentenced, along with 3 co-defendants, for my role in a channel- stuffing scheme that caused ArthroCare to falsely inflate its revenue by tens of millions of dollars (see "How Channel-Stuffing Works" on page 28). At the core of the scheme, ArthroCare "parked" mounds of the company's devices at key distributors for all 3 of its main business units to meet Wall Street forecasts. It was an elaborate ruse: While some of the shipments to these distributors were legitimate, most were not. Yet ArthroCare informed investors that it had actually sold the parked product. I had pleaded guilty 15 months earlier to one count of conspiracy to commit securities fraud and one count of making false statements. My attorney thought a sentence 4 7 A U G U S T 2 0 1 5 | O U T P A T I E N TS U R G E R Y. N E T Breaking Bad The pressure to meet Wall Street expectations blinded a medical device executive to participate in an elaborate channel-stuffing scheme to defraud investors. David Applegate, currently serving a 5-year sentence for accounting fraud at Taft Correctional Institute in California, comes clean. David Applegate

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