On October 15, 2014, the Discipline Committee found that Dr. Sinclair committed an act of professional misconduct in that he has been found guilty of an offence that is relevant to his suitability to practice, that he has committed an act or an omission relevant to the practice medicine that having regard to all the circumstances would reasonably be regarded by members as disgraceful, dishonourable and unprofessional; and that he has engaged in conduct unbecoming a physician. Dr. Sinclair admitted to the allegations.
Criminal Charges under the Controlled Drug and Substances Act and the Criminal Code On June 20, 2008, Dr. Sinclair was charged with 5 counts of possession of controlled substances for the purposes of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act. The controlled substances were prescription narcotics including oxycodone and hydromorphone.
On January 22, 2008 Dr. Sinclair was charged in an 89 count indictment under the Criminal Code alleging 52 counts of fraud and 37 counts of drawing a document without authority. The allegations related to issuing prescriptions for narcotics for patients who did not receive the prescription and for billing insurers and the Ministry of Health and Long Term Care (MOHLTC) for such prescriptions.
Criminal Proceedings and Admissions in the Superior Court of Justice
In the criminal proceedings, which took place between 2011 and 2012, Dr. Sinclair admitted that he committed the offences for which he was charged.
With respect to the Trafficking Offences, the admitted facts establish, among other things, that:
(a) On June 19, 2008, Dr. Sinclair had in his medical office 14,092 tablets of controlled drugs (oxycodone and hydromorphone) with a street value of $462,880.00. The controlled substances were not required for Dr. Sinclair's medical practice and were in his possession contrary to the Controlled Drugs and Substances Act; and,
(b) On June 19, 2008, Dr. Sinclair had in his home: (i) cash exceeding $400,000.00 CAD (the total Canadian funds found in his basement was $50,470.00 and the total of U.S. funds found in the basement was $366,560.00); and, (ii) sports memorabilia with an estimated value of $500,000.00.
With respect to the Fraud Offences, the admitted facts establish, among other things, that:
(a) Between January 2005 and April 2008, Dr. Sinclair prepared prescriptions for narcotics for 37 of his patients and presented the prescriptions to a pharmacy in Ontario. Dr. Sinclair had included notations on some of these prescriptions;
(b) In each case, the patient named in the prescription was not actually seen by Dr. Sinclair in the period in question. The prescriptions written for those patients were later filled by a person other than the named patient at the pharmacy, and the named patient did not receive the prescribed drugs.
(c) In the ordinary course, Dr. Sinclair's patients received drug benefits from services such as Green Shield, Assure, Blue Cross and the MOHTLC. The insurers and/or the MOHLTC paid monies to either or both the patients named in the prescription or the pharmacy issuing the prescription. Both the insurers and the MOHLTC paid the monies believing the prescription for narcotics written by Dr. Sinclair for his patients were legitimate. Neither the insurers nor MOHLTC would have paid any amount had they known the prescriptions for narcotics were drawn without proper authority.
(d) The following entities were defrauded:
Greenshield: $145,951.70
Ministry of Health and Long Term Care: $ 62,381.00
Assure: $ 4,163.00
Ontario Blue Cross: $ 10.90
Dr. Sinclair acknowledged his admissions in the criminal proceeding, and his admission in the criminal proceeding that he committed the offences for which he was charged, and adopted these admissions in relation to the Discipline Committee proceeding.
Criminal Convictions and Findings of Guilt
Dr. Sinclair was convicted of the following:
(a) 5 counts of possessing a substance included in Schedule I of the Controlled Drugs and Substances Act for the purposes of trafficking;
(b) 25 counts of fraud over $5000 contrary to section 380(1) of the Criminal Code;
(c) 27 counts of fraud under $5000 contrary to section 380(1) of the Criminal Code (4 counts of which were subsequently withdrawn);
(d) 37 counts of drawing a document without authority contrary to section 374(a) of the Criminal Code, (the conviction of which was stayed).
On February 8, 2013, Dr. Sinclair was sentenced to:
(a) a period of jail for five years;
(b) a restitution order in favour of:
(a) Greenshield in the amount of $145,951.70
(b) The Ministry of Health and Long Term Care $62,819.20
(c) Assure $4,163.39
(d) Ontario Blue Cross $10.90
Dr. Sinclair's certificate of registration expired on August 15, 2013.
The Committee ordered and directed that:
the Registrar revoke Dr. Sinclair's certificate of registration as of the date of this Order Dr. Sinclair appear before the panel to be reprimanded on a date to be scheduled within three months of this Order becoming final
Terms and conditions imposed on certificate by: Member