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Dr. York accused of fraud amid cream scheme scene; hires armed guard for security against Nichols

When the FBI went to Bennett York’s Hattiesburg Oral Surgery office, investigating what appears to be a connection with York’s partner, Dr. Brantley Nichols, and the cream scheme, the event drew enormous attention to York’s practice. After the FBI visit, York’s response to the attention Nichols had attracted on the practice was swift.

According to court documents obtained by the Hattiesburg Patriot, Nichols was informed by text, and a subsequent letter, that he no longer worked at the Hattiesburg Oral Surgery clinic.  According to the court filing, Nichols stated he learned that his patients had been rescheduled and an armed guard would prevent him from entering the building.

Nichols goes on to describe in his request for a temporary restraining order how the actions taken by York have put Nichols in breach with his contract at Forrest General.  According to the complaint, Nichols is required to have a local office to see patients from the hospital.  Nichols goes on to allege that York’s actions have caused damage to his professional reputation.

Dr. Nichols, who is a 25% partner in the practice, and his Attorney Cary Varnado, take of the gloves and go all out against their Defendant,  alleging that York,

wrongfully diverted funds from OMSC during the years 2014 and 2015.

Bennett York Brantley Nichls Dr. Hattiesburg
Dr. Bennett York is accused of fraud by his partner, Dr. Brantley Nichols. Click to enlarge

the complaint goes on to allege,

Defendant Bennett York’s diversion and conversion of funds belonging to OMSC is widespread. Bennett York’s diversion of OMSC funds to his personal use and benefit and to make investments which are owned by him individually constituted fraud on OMSC and abuses his authority and position as a majority shareholder.

Nichols also alleges that he has never been paid a shareholder return for his 25% interest in the company for 2014 and 2015 and also wasn’t compensated while working as an employee in 2012 and 2013.

Judge Beam was vacating the Chancery bench for an assignment to the Mississippi Supreme Court on February 13th; so she recused herself.   Chancellor Beam assigned it to Judge Deborah Gambrell for a hearing on February 3rd.

Then, on the day of the hearing, Carey Varnado, on behalf of his client Dr. Brantley Nichols, withdrew the complaint.


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