Fayetteville Doctor Josh Roller Files Lawsuit in Alleged Embezzlement

A Fayetteville physician has filed a lawsuit seeking reimbursement of more than $100,000 allegedly embezzled by his former chief operating officer.

Dr. Josh Roller, owner of Roller Weight Loss and Advanced Surgery at 1280 E. Stearns St., filed the lawsuit in Benton County Circuit Court against Elizabeth Millard of Bentonville, an employee of the company since 2008.

The lawsuit, filed Aug. 10, claims Millard stole more than $105,000 in cash over an 18-month period leading up to her abrupt resignation in July.

Millard was initially hired as an office manager before being promoted, according to the lawsuit. She was responsible for handling cash paid by patients, and was solely responsible for making sure payments were deposited into the company’s bank accounts.

Roller further contends that Millard is presently violating the terms of her employment agreement with his company. Millard, according to the lawsuit, is now working for Mercy Clinic in Rogers, which Roller claims is a violation of a non-compete agreement, stipulating she doesn’t work for a competitor for one year upon termination.

According to a Mercy spokeswoman, Dr. Mark Perna started at Mercy Clinic on Horsebarn Road on Aug. 3 and is the only bariatric surgeon working for Mercy in the area.

Millard could not be reached for comment. There have been no criminal charges filed.

The civil complaint, filed by Rogers attorney Marshall Ney of Friday, Eldredge & Clark, asks that Millard repay the stolen money ($105,263.68). Punitive damages totaling $500,000 are also sought.

A hearing date has not been set.

According to the lawsuit, the alleged embezzlement was discovered after Roller hired outside accounting support for the company, who uncovered irregularities with Millard’s money and documentation management.

That caused Millard to abruptly resign, and additional reviews after her departure uncovered the missing cash.

Roller was able to calculate the missing funds using his own accounting records that were unknown to Millard, who, according to the lawsuit, deleted and attempted to destroy her records of cash receipts in an effort to hide the discrepancy.

UPDATE

Roller issued a statement late Monday afternoon.

“We want to assure our patients and their families that we have and will continue to provide the finest surgical care in the region. We would like to thank our friends and patients for their support during this difficult time. This situation will not affect our patients in any way. Our highly trained surgeons and staff will keep our focus on our top priority, which is our patients.”