"There's an ongoing investigation," said Melodie Rydalch, a spokeswoman for the U.S. Attorney's Office for Utah, declining further comment.

No one answered the phone Thursday at Mackay's Brigham City office. Stirba said the government has already given back the Suburban and returned more than $1 million in other funds to Mackay.

The patients who spent only a few minutes in Mackay's office have been with him for years, Stirba explained.

"He has had those patients in his practice for at least five years or longer," he said. "The government knows that. We are somewhat chagrined at the filing of this. It'll be vigorously contested. We certainly hope that the government sees the wisdom of not considering filing charges against this good doctor."

The Utah Attorney General's Office also has been investigating Mackay, court documents revealed, for billing Medicaid for some of the visits. The Utah Division of Occupational and Professional Licensing said Mackay's license is active, but refused to confirm or deny if it had an investigation under way.

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