Embattled Fertility Doctor Says He Is Target of Extortion : Inquiry: Ricardo Asch, one of three UC Irvine specialists under scrutiny, shows letter threatening to ‘expose excesses.’ Investigators are looking closely at whether note is legitimate, a source says.
A renowned UC Irvine fertility expert stepped up his defense Wednesday against allegations of impropriety, contending through his attorney that he is the target of an extortionist and is willing to take a lie detector test to prove he has done nothing wrong.
Lloyd Charton, a lawyer for Dr. Ricardo H. Asch, released copies of a letter he says was sent to Asch and two other doctors at the UCI Center for Reproductive Health. The letter demands $100,000 from each physician to prevent the public release of “numerous documents” that would expose “outrageous excesses.”
“The information clearly indicates that Dr. Asch is the unfortunate victim of blackmail and extortion,” Charton said at a hastily called news conference Wednesday.
The letter was delivered to the Orange County district attorney’s office by messenger, just minutes before Charton’s 3:30 p.m. news conference, Deputy Dist. Atty. Chuck Middleton said. Middleton said the letter was the first authorities had heard of a blackmail claim involving Asch.
“We are, however, forwarding the letter to UCI campus police, who will look into it,” he said.
Charton said he assumes that the letter, full of misspellings and signed “Dr. Malcolm X,” was written by someone with “access to the clinic.”
The attorney said copies of the letter were sent to Asch and his two partners at the clinic: Jose P. Balmaceda and Sergio Stone, who have been placed on leave from the university amid several investigations into allegations of research, financial and medical misconduct.
The university has sued Asch, alleging that he used the eggs of a patient without permission, then attempted to alter the files by pressuring the woman to file a consent form. Asch also faces claims that he removed eggs and embryos from some patients and implanted them in others without receiving the donors’ consent.
“At no time, ever, did Dr. Asch switch an embryo or do anything in contradiction to the wishes of one of his patients,” Charton said.
Attorneys for Stone and Balmaceda also have denied any wrongdoing by those doctors. They refused to say whether their clients had received similar letters.
Charton said Asch has hired a criminal defense attorney, Ronald G. Brower, who decided to turn over the letter to authorities.
Brower said Wednesday in a statement that he will assist police and the district attorney in investigating misconduct allegations involving Asch. He also said the doctor will cooperate fully and is willing to take a lie detector test.
“From my initial review of this case and its files, it is clear that Dr. Asch committed no crime,” Brower wrote in the statement. “In addition, it is equally clear he engaged in no misconduct or intentionally deceived anyone.”
During the news conference, Charton said that university officials, UC Irvine police investigators and the district attorney had no doubt about the legitimacy of the letter.
But a source close to the joint probe by the district attorney, Medical Board of California and police said authorities are looking closely at whether the letter is legitimate.
“I find the timing and the lack of timeliness in turning this letter over to law enforcement very curious,” the source said.
Charton said Asch received the letter about 10 days ago, before news reports appeared detailing accusations of wrongdoing against him. Charton said the doctor immediately announced aloud to everyone at the UC Irvine clinic that he would not pay because he had done nothing wrong.
“He made it clear his position was ‘Go jump in the lake,’ ” Charton said.
Charton said the letter writer never approached any of the doctors in person with a blackmail request and that the author’s identity is unknown to them.
The letter was addressed to “Dear Fellow Doctors” and threatened to turn over numerous documents to the news media.
“I had a lot of difficulty figuring out how much this is worth to all of us involved,” the letter states. “However, I came with a price which I must warn you, I am pretty firm on. I am billing each of you $100,000. Not bad considering the fact that your careers and probably your lifes are in jeopardy.
“I am not a career criminal, but I have [to] take major precautions, enough to shield myself in case any of you decide to act stupidly or folishly. For all your sakes, I hope you guys play ball.”
Asch’s colleagues did not participate in releasing the letter.
“We will not have any comment on Mr. Charton’s remarks until we’ve had an opportunity to hear the full text of his comments,” said Diane Wyzga, one of Balmaceda’s attorneys.
Stone’s attorney, Karen Taillon, also had no comment but emphasized that Charton only speaks for Asch.
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