Trump’s DOJ Continues Biden-Era Prosecution of Prominent COVID-Era Maryland Physician

Dr. Ron Elfenbein, a Maryland emergency room physician and healthcare entrepreneur, emerged as a frontline hero during the COVID-19 pandemic. He pioneered one of Maryland’s first drive-through testing operations, ultimately testing and treating over 100,000 patients across multiple sites.

His clinics administered tests, provided monoclonal antibody infusions, sourced PPE, and even partnered with government entities like the DEA. For these efforts, he received citations from the Maryland governor and state legislature, along with “Person of the Year” honors from the state medical society. Yet today, Elfenbein faces renewed federal prosecution under the Trump administration’s Department of Justice—charges originally brought during the Biden era.

Supporters call it a textbook case of selective enforcement and weaponization against a vocal critic of federal COVID policies. The controversy centers on billing practices at Elfenbein’s drive-through sites operated by Drs. ERgent Care / First Call Medical Center. Prosecutors alleged that between 2020 and 2021, the clinics submitted over $15 million in false claims to Medicare and commercial insurers.

Specifically, they charged healthcare fraud for using higher-level evaluation and management (E/M) CPT codes—Level 4—for brief patient encounters that often lasted just minutes, involving nasal swabs, basic screenings, and virtual consultations via tent-side monitors. The government argued these visits did not justify the billing complexity.

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Elfenbein’s defenders counter that pandemic chaos created ambiguous guidelines. Drive-through operations moved patients rapidly to meet overwhelming demand, and coding interpretations varied. Elfenbein was an early, outspoken advocate for monoclonal antibodies—the same treatment that helped then-President Trump recover quickly.

He appeared frequently on CBS, Fox News, Newsmax, and other outlets, criticizing Biden administration decisions to restrict or redistribute these therapies based on what he called flawed data. Just weeks after his public criticism, federal investigators targeted him, but no until then.

In August 2023, after an 11-day trial, a federal jury in Baltimore convicted Elfenbein on five counts of healthcare fraud. Each count carried up to 10 years in prison, potentially totaling decades behind bars plus massive restitution. In a rare and detailed 93-page opinion issued December 21, 2023, U.S. District Judge James K. Bredar (an Obama appointee) granted Elfenbein’s motion for judgment of acquittal.

The judge ruled that the government failed to prove beyond a reasonable doubt that Elfenbein’s use of the codes was objectively unreasonable or false, citing ambiguities in CPT guidelines during the emergency. He also conditionally granted a new trial, noting the defense evidence was strong. The Biden DOJ appealed on its way out the door.

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In July 2025, the U.S. Court of Appeals for the Fourth Circuit reversed the acquittal, finding sufficient evidence for a jury to convict under a lower bar, but upheld the conditional new trial order due to weaknesses in the government’s case. A retrial is now scheduled for August 2026.

Elfenbein maintains his innocence, describing the case as retaliation for challenging federal overreach on treatments that could have saved lives (the antibodies). He notes the government later adjusted monoclonal antibody policies after acknowledging data issues. Supporters have launched petitions urging the Trump DOJ to drop the charges, arguing it perpetuates Biden-era lawfare rather than ending it.

This high-profile case raises broader questions about prosecutorial discretion, billing ambiguities in crises, and whether federal agencies target dissenting voices. As the August 2026 retrial looms, Dr. Elfenbein continues advocating for patients while fighting for his freedom and reputation.

Is it worth it for the Trump DOJ to continue to pursue the case against Elfenbein and does Trump or the higher ups in his DOJ even know the low-level Maryland prosecutors are continuing to pursue the case? Elfenbein hopes the case is finally dropped.

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