|By Danielle E. Gaines, The Frederick News-Post, Md.|
|McClatchy-Tribune Information Services|
Herman, 48, a Frederick chiropractor and former Frederick Marathon assistant director, pleaded guilty in December in a
According to prosecutors, Herman, who owns Herman Chiropractic in
Herman submitted a claim to the
To support his claim of injuries and demand for
Around the same time, in late 2011, Herman participated in several 5K, 10K, half marathon and marathon races, according to a news release from the
During an emotional sentencing hearing before U.S. District Judge
"I've grown to know Larry as a rare and truly selfless person,"
Seventeen people sent the judge letters in support of Herman, who is a member of Marathon Maniacs and former member of the board of directors of
Herman also donated his time to several other charitable causes, his attorney
McCarrie called the witnesses as he tried to persuade Rambo to consider variances from federal sentencing guidelines, which recommended a 10-month to 16-month sentence, according to court records.
McCarrie argued that a variance was justified for two reasons: that the recommended sentence was based on an intended
Assistant U.S. Attorney
Daniel also said the second chiropractor's role was the result of coercion by Herman. The 26-year-old chiropractor worked at Herman's office and was approached more than once by him about the claims. He instructed her which billing codes to use and created the template on which to print the bills, Daniel said.
The attorneys who were representing Herman for the insurance claim initially believed him but refused to continue work after the deception came to light, Daniel said.
Herman apologized during the hearing.
"I apologize to everyone involved for my actions," Herman said.
Rambo said she agreed that Herman's actions were "out of character" but that a "just punishment" was necessary.
She sentenced him to five months in prison, beginning later this month. After release, Herman must serve an additional five months of home confinement during a one-year sentence of supervised release and pay a
The maximum penalty for the charge is five years in prison, a
The case was investigated by the
Herman declined to comment after the hearing.
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