Sealed sex crimes case against doctor leaves unanswered questions

Police knew in 2006 that a Las Vegas doctor had been accused of sex crimes against a teenager. But that case was sealed; its outcome unknown.

The Nevada Board of Medical Examiners also knew about the 2006 charges against Dr. Binh Minh Chung, who is now accused of having sex with a sedated girl while in his office and videotaping it.

His medical license was suspended Tuesday. However, the board allowed him to keep practicing after the 2006 case arose.

It’s unclear why.

And that’s just one of many questions in the story of Chung, 41, who now faces 10 counts of possession of child pornography and one count of using a minor for the production of pornography. Chung is being represented by Las Vegas attorney Christopher Oram, who also defended the doctor in the 2006 case.

In the latest case, Chung’s wife said she became suspicious and snooped through his electronics, eventually finding several videos of him having sex with unconscious women in his office.

The girl, along with Chung’s wife, reported the abuse and videos to Metro on June 4, according to Chung’s arrest report.

Police have not released the girl’s age, but she told investigators that Chung was her family doctor and had convinced her to get treatment for acne. During one of the late-night treatments, Chung gave her a shot and she passed out. She told detectives she woke up alone n his office with her pants off and her legs in stirrups.

In the sealed case, Chung was accused of two counts of open and gross lewdness against a teenager, according to Clark County Justice Court records. Las Vegas police records indicate the accusations stemmed from a May 8, 2005, incident.

The case was sent to District Court in September 2006. But from there, all records of the case, including the arrest report and outcome of the case, were sealed.

It is unclear which judge authorized the case to be kept from the public.

The state medical board also filed a complaint against Chung. Action against Chung ended without a public reprimand, medical board Executive Director Edward Cousineau said Thursday.

“Ultimately, as the case went on and we dealt with his counsel at the time, it was made clear that the criminal proceeding was likely to go away through negotiations,” Cousineau said. “We had to dismiss that complaint because again the evidence we had in place at the time we filed the complaint pretty much evaporated.”

In 2009, the medical board issued Chung a “letter of concern,” an administrator said Wednesday.

But Thursday, Cousineau suggested that should not have been disclosed.

“That letter of concern is not a matter of public record,” Cousineau said. “It was a nonpublic reprimand.”

The board can issue a letter of warning, a letter of concern or a non-punitive admonishment against a doctor in such cases, but the investigative documentation and hearing transcripts are confidential by law, Cousineau said.

Disciplinary actions that are not made public do not constitute a final decision of the board and are not subject to judicial review, according to Nevada Revised Statute 630.299.

When a complaint comes before a state regulatory board governing health care professionals, members must balance public safety with the due process rights of the practitioners, Las Vegas attorney John Hunt said. Hunt has the unique position of being the legal counsel prosecuting cases for the Nevada State Board of Dental Examiners, while, as a private attorney, representing physicians facing discipline.

The process is remedial, not punitive, Hunt said, meaning the revocation of a license also should be accompanied by a plan for how the health care professional can practice again. Board members do have a range of punitive measures, including forms of discipline that remain confidential.

“Boards can exercise their discretion,” Hunt said. “They’re trying to identify areas of concern even though it doesn’t reach the level of an actual violation.”

Chung’s office, 8785 W. Warm Springs Road, near the intersection at Durango Drive, is closed this week but will reopen on Monday, according to the office answering service.

Meanwhile, patients have questions about obtaining their medical records, Cousineau said. A process is being coordinated with Chung’s staff to make those documents available so patients can find new doctors.

Las Vegas police have asked other patients of Chung to contact them at 702-828-3421 if they suspect they were victimized.

Contact Colton Lochhead at clochhead@reviewjournal.com or 702-383-4638. Find him on Twitter: @coltonlochhead. Contact Steven Moore at smoore@reviewjournal.com or 702-380-4563.