In a long running federal court battle over selling controlled drugs from the hospital parking lot, the case against Dr. Bararia appears to be coming to the closure.  Sentencing is set for May 13th 2014. Emotional pleas to the judge by Dr. Bararia’s parents and forceful arguments by Bararia’s attorney asking for a reduce sentencing. 

Dr. Bararia plead guilty to conspiracy to distribute hydrocodone pills to an undercover DEA agent in the Centennial Hills Hospital parking lot and he is awaiting sentencing.  The defence counsel is pleading that Dr. Bararia’s bipolar disorder merits at least a two-level downward departure for diminished mental capacity.

On June 26, 2012, the grand jury in Las Vegas returned a seven count criminal indictment against Dr. Vinay Bararia.  On December 2013, Dr. Bararia plead guilty to one count out of seven counts of criminal indictment charging him with the distribution of controlled substance and agreed to forfeiture of property set forth in the forfeiture allegations of the criminal indictment.  Dr. Bararia is in a federal custody since October 2012.  The Government is not seeking to delay the defendant’s sentencing, but merely wants a fair opportunity to rebut the defendant’s request for a two-level downward departure based on diminished capacity.

Court has ordered a Psychiatric Evaluation for defendant Bararia.  Dr. Bararia shall submit to a psychiatric examination by an appropriate mental health professional at a Federal Medical Center or another suitable facility the Government may choose. 

 At the same time, Mrs. Bhavna Bararia, wife of Dr. Vinay Bararia, knowingly and voluntarily agreed to the abandonment, the forfeiture of the following property:  $49,054.00 in United States Currency;  2007 Jaguar XK; Glock .45 caliber,  Model 21; any and all ammunition: and in personam criminal forfeiture money judgment of$40,225.00 in United States Currency.

Defendant Vinay Bararia, via his counsel, has submitted a sentencing memorandum in support of his request for the court to depart and vary downward from the United States Sentencing Guideline Range of 87-108 months to a sentence of no more than 30-37 months. Further, Dr. Bararia has requested that, after credit given for time served, the Court impose in lieu of any remaining term of imprisonment under the Guidelines, an alternative punishment, such as home confinement. 

The request for an alternative punishment including home confinement is based upon Dr. Bararia’s diminished capacity due to his previously undiagnosed and consequently untreated medical disorder; Dr. Bararia’s family circumstances, particularly his family’s dependence upon him for financial support & emotional stability; his inability to practice medicine again; and his significant community and religious ties.  Additionally, Dr. Bararia’s legal team is trying the favorable ruling for his pre- and post-indictment conduct, including his immediate confession, his unsolicited willingness to assist law enforcement, and his efforts to improve the quality of life for others while in pretrial detention for the last 18 months.

Dr. Bararia’s legal team has requested that the Court should consider the fact that Dr. Bararia has no prior criminal history, and he offered to assist the Government in rooting out local healthcare fraud. However, the Government rejected his assistance, after having subjected him to an investigation that clearly violated Dr. Bararia ‘s constitutional and statutory rights. Moreover defence is arguing that for years he devoted himself to helping his patients, and through this demanding career, he provided stable financial support for his wife and young children, who remain dependent on him in every way. Finally, as his letters of support show, he exhibits a sincere and deep remorse for his actions.

Since October 20,2012, Dr. Bararia ‘s detention has been that of a model detainee, including his tutoring and mentoring of other pretrial detainees as they earned GEDs and English language skills.

The defence team is also pleading that Dr. Bararia’s bipolar disorder merits at least a two-level downward departure for diminished mental capacity under US Sentencing Guidelines.  Dr. Bararia ‘s previously undiagnosed condition of bipolar disorder compromised his ability to self-regulate and emboldened him to act in ways utterly contrary to his years and years of dedication to his patients, family, and community.

The symptoms of bipolar disorder that were evident upon examination by a noted expert, Norton A. Roitman, M.D.  Dr. Roitman opined that Dr. Bararia exhibited symptoms of the manic phase of his condition during his illegal conduct, including his frantic measures to try to salvage his medical practice after he had been arrested and released.  He also opined that Dr. Bararia currently is in the midst of the depressive phase of his condition.

Furthermore his attorneys are claiming that Dr. Bararia ‘s religious practice consistently has been a major component of his life.  As reported in the filings, before his arrest, Dr. Bararia was active in the local Hindu community, helping to establish a temple.  

Vinay’s parents have written to Federal Judge Dorsey for leniency in sentencing.  Vinay’s father, Ajai Bararia, has written from Delhi with an emotional appeal – “While I am sick, my only wish is that he is here with me during my last moments and perform my last rites, which is a Hindu tradition.  A parent in Hindu religion is considered very unfortunate if he is denied this opportunity.  My son owes it to me.”[sic]

Locally, Mr. Yatin Daulat has written to the judge for giving Dr. Bararia a “second chance” so Mr. Bararia can once again be a part of our community. “He is a genuinely nice hearted person who is liked a lot in the community.  He is a family man used to attend religious functions and community events with his wife and children.  He was often seen at the Hindu temple on Sundays…” [sic].

The defence team is also questioning the confidential informant named Sari Gray. Dr. Bararia had an intimate relationship with Sari Gray during the very time that the Government relied on her to establish trust between Dr. Bararia and the undercover agent.

Based on the foregoing, Dr. Bararia’s lawyers have proposed a sentence of no more than 30 months with no more than 12 months served by home detention, followed by three years of supervised. 

Sentencing is scheduled at 1:30pm on May 13^th, 2014.