To no one's surprise, Sidney Powell is not happy with the selection of Andrew Weissman to head up DOJ's Fruad Section. Here is her take on the decision in this week's New York Observer. (wisenberg)
Powell on Weissmann
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News Scan
GA Executes Murdererr: A Georgia man who was sentenced to death for the murder of a police officer in 1998 was executed for his crime Tuesday evening. The Associated Press reports that 66-year-old Andrew Brannan shot and killed the sheriff's deputy after he was pulled over for speeding on a Georgia interstate, video of the incident shows Brannan engaging in a physical confrontation with the officer before shooting him nearly a dozen times. Brannan's attorneys argued that their client suffers from mental illness due to his service in the military, but the state's high court upheld his conviction and denied a stay of execution.MS Cops Questioning Length of Sentencing: The recent arrest of a shooting suspect, who happens to have a lengthy criminal history, has some law enforcement officers in Mississippi questioning if inmates are being released from prison too early. Jonathan Brannan of WLOX News reports that a law that went into effect last July…
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Episcopalian Bishop Faces Criminal Charges In Fatal DWI
On December 27, 2014, Thomas Palermo, a 41 year old software engineer at John Hopkins Hospital in Baltimore, was riding his bicycle on a road popular with bicyclists for its wide bike lanes and steep hills. At that same time, Heather Cook, a 58 year old Episcopalian bishop and one of the highest ranking officials in the Maryland Episcopal Diocese, was allegedly operating her motor vehicle with a blood alcohol level of 0.22% and texting while driving. The legal limit for intoxication in the State of Maryland, as in New York, is 0.08%. Ms. Cook apparently veered to the right into the bike line while distracted by texting, and struck Mr. Palermo. According to the police, Bishop Cook then left the scene of the accident, offering no assistance to Mr. Palermo, and returned approximately 30 minutes later accompanied by another church official. Mr. Palermo died a local hospital shortly after the accident, with survivors including his wife and two young children, ages 4 and 6. Ms. Cook…
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United States v. Hertler, No. 13-30273 (Paez joined by Pregerson and Watford)--- Under 18 U.S.C. § 3583(h), when a court revokes a term of supervised release, it may impose a term of imprisonment followed by another term of supervised release. But that new term of supervised release cannot be longer than the supervised-release term initially imposed "less any term of imprisonment that was imposed upon revocation of supervised release." This case applies that rule to a supervised-release term imposed for conviction on multiple counts, and holds that the supervised-release term imposed for a particular count following revocation need only be reduced by the terms of imprisonment that have previously been imposed on that count, not for all other counts. This is so even though § 3624(e) essentially requires the court, at the initial sentencing hearing, to impose concurrent terms of supervised release for multiple counts of conviction. The decision is…
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How to Compare Lawyers
A lot of people wonder how to select the right lawyer for their traffic or misdemeanor case. You might Google, you might get recommendations from friends or family, or you might be sorting through a pile of advertising mail that you received. But how do you know that you’re picking the best lawyer for your case? I’ve created an easy test that you can give lawyers when you call. That’s right: you should test ME too. If a lawyer can’t answer these easy questions, they might not be the best choice for your case. While you’re doing the test on me, here are online reviews from actual past clients (CASE RESULTS DEPEND UPON EACH CASE. PAST CASES DON’T INDICATE FUTURE SUCCESS) Google ReviewsAvvo ReviewsYelp Reviews Find out the next steps and how I can help you. © marketing for Andrew Flusche, 2015. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post How to Compare Lawyers appeared first on…
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Increasing Transparency of UK Company Ownership
UK lawmakers recently unveiled a new plan to fight domestic and international corruption within its borders. From the perspective of investigators tasked with uncovering hidden assets, the most striking piece of this legislation is the plan’s proposed establishment of a central register of beneficial owners of companies. The plan would also make it a crime to fail to disclose the true owner of a company or to provide false information on ownership of companies. The UK already differs significantly in the US in that it has a central registry of companies for England and Wales called Companies House. Companies House provides a wealth of free online information, including the name, type, address, date of incorporation, country of origin, nature of business, status, previous names, and current officers of many UK companies. Documents such as annual reports are also available for download for a nominal fee. The proposed legislation would…
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'DNA record fee' deemed unconstitutional because funds hijacked for other uses
From her perch over at the Harris County Public defender, Jani Maselli-Wood continues to peck away at the litany of court costs assessed against criminal defendants. Texas Lawyer has a report (Jan. 12) on her latest exploits:Jani Maselli Wood, a public defender in Houston who is waging an appeals court battle over the constitutionality of court costs, recently won a favorable majority opinion knocking out two court costs levied against her client.On Dec. 30, a panel of the First Texas Court of Appeals in Houston modified criminal convictions against Wood's client Osmin Peraza to delete a $250 "DNA record fee" from the judgments from each conviction on the ground that it is an unconstitutional tax, and also deleted a $50 "sheriff's fee" for "serving capias" because there is no basis in the record to support the charge. The court otherwise affirmed the judgment against Peraza, overruling Peraza's contention that the trial court …
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DOJ intervenes in whistleblowers' case against Florida doctor
On November 21, the U.S. Attorney for the Southern District of Florida announced that the government had intervened in two qui tam relators’ case against a south Florida doctor and his practices for submitting false claims to government health care programs. According to the U.S. Attorney’s press release:The United States has intervened in a whistleblower lawsuit against Donald C. Proctor, Jr., M.D., an otolaryngologist practicing in Vero Beach, Florida, and Grove Place Surgery Center, LLC, an ambulatory surgical center managed by Dr. Proctor, that is located in Vero Beach, Florida. Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Derrick L. Jackson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), made the announcement. According to the allegations made in the lawsuit: Dr. Proctor billed Medicare for Mohs surgeries and related reconstructions that he either did not…
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Rite-Aid pays nearly $3 million over gift card kickback allegations
On December 3, the Department of Justice announced that Rite-Aid Corp. had agreed to pay $2.99 million to settle a whistleblower’s allegations that the company violated the antikickback statute and submitted false claims by handing out gift cards to customers who switched their prescriptions to the chain’s stores. According to DOJ’s press release:Rite Aid Corporation, a Delaware corporation and national retail drugstore chain with its principal place of business in Camp Hill, Pennsylvania, has paid the United States $2.99 million to resolve allegations that it violated the False Claims Act by inappropriately using gift cards as inducements, the Department of Justice announced today. The settlement resolves allegations that Rite Aid offered illegal inducements to Medicare and Medicaid beneficiaries to transfer their prescriptions to Rite Aid pharmacies. The government alleged that from 2008 to 2010, Rite Aid had knowingly and improperly influenced the…
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Georgia hospice settles whistleblower suit for nearly $600,000
On December 2, the United States Attorney for the Southern District of Georgia announced that a Dublin, Georgia hospice, had agreed to pay nearly $600,000 to settle allegations, originally brought by a whistleblower, of false Medicare claims for hospice care. According to the U.S. Attorney’s press release:Serenity Hospice Care, LLC of Dublin, Georgia, along with an affiliate corporation, has agreed to pay the United States a total of $581,504.46 to settle allegations that it submitted or caused the submission of false claims to the Medicare program for certain patients who were not eligible for hospice under Medicare regulations. The Medicare hospice benefit is available to patients who elect palliative care (care designed to relieve the pain, symptoms, or stress of terminal illness) instead of curative care (care designed to cure an illness or condition), and who have a life expectancy of six months or less if their illness runs its normal course. The civil settlement…
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California pain management physician pays $1.2 million to settle whistleblower's case
On November 19, the U.S. Attorney for the Central District of California announced a settlement in a qui tam case against a pain management doctor for submitting false claims. According to the U.S. Attorney’s press release:A doctor who operates a pain management clinic in Valencia has agreed to pay $1.2 million to resolve allegations that he submitted fraudulent bills and received improper payments from federal and state health insurance programs. In a case partially unsealed today, Dr. Narinder S. Grewal, of Chatsworth, and his pain clinic, the Santa Clarita Surgery Center for Advanced Pain Management agreed to pay $1,087,176.09 to the United States and $112,823.91 to the State of California. The settlement concludes a federal “whistleblower” lawsuit filed by Chandana Basu, who used to provide billing and collection services to the Grewal’s clinic. Basu’s lawsuit alleged that Grewal and his clinic obtained improper reimbursements from…
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Texas ear, nose, and throat practice settles false claims allegations with OIG-HHS for over $200k
On December 3, the Office of Inspector General of HHS announced (no permalink available) that a Texas otolaryngology practice had paid over $200,000 to resolve allegations that it had submitted false claims to federal health care programs. According to OIG-HHS’s press release:Ear Nose and Throat Associates of Corpus Christi, LLC – a physician practice providing otolaryngology services in Corpus Christi, TX – entered into a settlement agreement with the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services, effective December 3, 2014. The $200,630 settlement resolves allegations that for nearly three years the practice improperly submitted claims to Medicare and Texas Medicaid for hearing assessment services performed by unqualified technicians. Senior Counsel Ellen Slavin represented OIG.
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Government intervenes in whistleblowers' cases against Nevada hospice
On November 25, the Department of Justice announced that the United States had intervened in two whistleblower suits against a Nevada hospice. According to DOJ’s press release:The United States has filed suit against Creekside Hospice II LLC, Skilled Healthcare Group Inc. (SKG), its holding company, and Skilled Healthcare LLC (SKH), an administrative services subsidiary of SKG that operates Creekside (collectively the Creekside entities), alleging that these entities knowingly submitted ineligible claims for hospice services and inflated claims for patient visits to government health care programs, the Justice Department announced today. * * * The Medicare and Medicaid hospice benefits are available for patients who elect palliative treatment (medical care focused on providing patients with relief from pain and stress) for a terminal illness and have a life expectancy of six months or less if their disease runs its normal course. When Medicare or Medicaid…
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Respiratory therapy company pays over $850,000 to settle false claims allegations
On December 1, the Department of Justice announced that Massachusetts-based North Atlantic Medical Services has agreed to pay over $850,000 to settle allegations that the company submitted false claims for services provided by unlicensed personnel. According to DOJ’s press release:North Atlantic Medical Services Inc. (NAMS), doing business as Regional Home Care Inc., has agreed to pay $852,378 to resolve allegations that it violated the False Claims Act by submitting claims to Medicare and Medicaid for respiratory therapy services provided by unlicensed personnel, the Department of Justice announced today. NAMS is a medical device company based in Massachusetts that provides equipment and services for the treatment of respiratory ailments, such as oxygen deficiency and sleep apnea. * * * Medicare and Medicaid require suppliers of respiratory therapy equipment and services to comply with state licensing standards. In Massachusetts, the Department of Public…
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Washington Gas subsidiary pays $2.5 million in fines and monetary penalties for SBA fraud
On November 19, the Department of Justice announced that Washington Gas Energy Systems, a subsidiary of the Washington, D.C.-area gas company, Washington Gas, has entered into a deferred prosecution agreement for defrauding the federal government by obtaining contracts set aside for socially and economically disadvantaged businesses under the Small Business Administration’s 8(a) program. According to DOJ’s press release:Washington Gas Energy Systems (WGESystems) has agreed to pay more than $2.5 million in fines and monetary penalties for conspiring to commit fraud on the United States by illegally obtaining contracts that were meant for small, disadvantaged businesses. The court agreement was announced today by William J. Baer, Assistant Attorney General of the Antitrust Division; Principal Assistant U.S. Attorney Vincent H. Cohen Jr. of the U.S. Attorney’s Office for the District of Columbia; Robert C. Erickson, Acting Inspector General of the U.S. General…
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Arizona community college pays $4.08 million to settle whistleblower's claims of Americorps fraud
On December 1, the Department of Justice announced that Maricopa County Community College had agreed to pay over $4 million to settle claims that it had falsely certified service hours performed by students to defraud Americorps. According to DOJ’s press release:Maricopa County Community College District (MCCCD) has agreed to pay $4.08 million to resolve allegations under the False Claims Act that it submitted false claims to the Corporation for National and Community Service (CNCS) concerning AmeriCorps state and national grants, the Justice Department announced today. MCCCD is the entity responsible for operating community colleges in Maricopa County, Arizona, and is based in Phoenix. * * * CNCS is an independent federal agency that administers AmeriCorps, among other national service programs. MCCCD obtained AmeriCorps funding for Project Ayuda, a program that proposed to engage students in national service. In order to receive an AmeriCorps education…
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New York environmental firm pays $2.72 million to settle kickback, false claims allegations
On November 17, the Department of Justice announced that a Niagara Falls, New York – based environmental contractor had agreed to pay $2.72 million to resolve claims that the company – a prime cleanup contractor at a New Jersey superfund site – solicited and accepted kickbacks from subcontractors. According to DOJ’s press release:Sevenson Environmental Services Inc., an environmental remediation firm based in Niagara Falls, New York, has agreed to pay more than $2.72 million to resolve allegations that it violated the False Claims Act and the Anti-Kickback Act by accepting kickbacks, rigging bids and passing inflated charges to the U.S. Environmental Protection Agency (EPA) in connection with work performed at the Federal Creosote Superfund Site in Manville, New Jersey, the Department of Justice announced today. Sevenson was the prime contractor responsible for the cleanup of the Federal Creosote Site, which was funded by the EPA. * * * The…
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LA Times Editorial Calls for Death Penalty Moratorium
An op-ed in the Los Angeles Times today calls for a national moratorium on the death penalty, emphasizing the fact that innocent people have been and will continue to be wrongfully convicted and executed. The article notes that DNA testing has exonerated 325 people since 1989, 20 of whom served time on death row. That's 20 individuals who would have been killed by state authorities if no one had dug up the truth. [. . .] executions should be put on hold until there is some way to achieve certainty about the guilt of every person on death row. To paraphrase English jurist William Blackstone, it is better for 10 killers to go free than for one innocent man to be wrongfully put to death. Read the full editorial here.
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Definition of ‘possession’ may be broader than you think
The English language is full of phrases whose original meanings have either been lost or changed. A good example is being “caught red-handed.” At one time, it referred to being caught with blood on your hands, either because you had just committed murder or because you had been poaching animals on land that you did not own. Today, the expression simply means getting caught in the act of committing a crime and in close proximity to the necessary incriminating evidence. Drug possession is an obvious example. But did you know that you can sometimes be charged with drug possession even if the drugs are nowhere near you at the time? This is called “constructive possession.” In some cases, you can be charged with constructive possession because you are in possession of something that leads back to the drugs (or other illegal contraband). For instance, the drugs may be kept in a lockbox or safe and you have the keys to open it. The same can be said for…
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The Top States For Black Homicide Victims
Protests and demonstrations calling for an end to police brutality and racial discrepancies have made headlines over the past week, and for good reason. Murders and homicides shake small communities to the core, but oftentimes it’s black communities that are most affected. According to FBI, in 2012 the national homicide rate was 4.5 homicides per 100,000 people. For whites, that rate fell to 2.65 per 100,000. For African Americans, that rate skyrocketed to 18.03 per 100,000. Digging further into the statistics, we can see which states have the most black homicide victims per 100,000 people. The Top 10 The top ten states for black homicide victims are: 1. Missouri – 34.98 per 100,000 2 Nebraska – 34.93 3 Michigan – 34.77 4 Pennsylvania – 31.02 5 Louisiana – 25.75 6 Indiana – 25.48 7 Oklahoma – 25.04 8 Wisconsin – 24.38 9 California – 23.25 10 Tennessee – 22.40 Surprisingly, a slew of Midwestern states…
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