On October 27, the U.S. Attorney for the Southern District of New York announced the filing of a complaint under the False Claims Act against government IT contractor Computer Sciences Corp., and the City of New York, alleging that they engaged in three schemes to defraud the Medicaid program. The U.S. Attorney’s press release said of the suit (which appears not to be a whistleblower, or qui tam case): Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has filed a civil healthcare fraud lawsuit in Manhattan federal court against COMPUTER SCIENCES CORP. (“CSC”) and the CITY OF NEW YORK (the “CITY”). The Government’s Complaint seeks treble damages and civil penalties under the False Claims Act against CSC and the CITY for orchestrating billing fraud schemes that used computer programs to automatically alter billing data. Two of the schemes involved CSC and the CITY using…
SDNY U.S. Attorney sues Computer Sciences Corp., City of New York for Medicaid Fraud
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Biomet, subsidiary, pay over $6 million to resolve whistleblower claims of kickbacks for bone growth stimulators
On October 29, the Department of Justice announced that Biomet, Inc., and its subsdiary, EBI LLC, have agreed to pay $6.07 million to settle allegations initially brought by a whistleblower in a qui tam suit that the company paid physicians kickbacks to use the companies’ bone growth stimulators. According to DOJ’s press release: EBI LLC, doing business as Biomet Spine and Bone Healing Technologies and Biomet Inc. have agreed to pay $6.07 million to resolve allegations that EBI violated the False Claims Act by paying kickbacks to induce use of its bone growth stimulators and billing federal health care programs for refurbished stimulators, the Department of Justice announced today. EBI is a medical device company located in Parsippany, New Jersey, that sells bone growth stimulators, which are used to repair fractures that are slow to heal. It is a subsidiary of Biomet, which is based in Warsaw, Indiana. * * * The United States alleged that, from 2001 to…
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Utah nursing home pays OIG-HHS over $40,000 for employing excluded nursing assistant
On October 16, the Office of Inspector General of HHS announced (no permalink available) that a Utah skilled nursing facility had agreed to pay over $40,000 for employing a certified nursing assistant who had been excluded from participating in federal health care programs. According to OIG-HHS’s press release: Manor Care of South Ogden UT, LLC d/b/a ManorCare Health Services – South Ogden (MCHS – South Ogden), a skilled nursing facility located in Utah, entered into a settlement agreement with the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services, effective October 16, 2014. The $41,129.76 settlement resolves allegations that MCHS – South Ogden employed an individual who was excluded from participating in any Federal health care programs. OIG’s investigation revealed that the excluded individual, a certified nursing assistant, provided items and services to MCHS – South Ogden patients that were billed to…
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Recent Ruling Could Impact Tsarnaev’s Friends
A recent ruling by the US Supreme Court involving a Florida fisherman could possibly have an impact on criminal cases brought against friends of Boston Marathon bombing suspect Dzokhar Tsarnaev. This is the indication that legal teams involved in the case have given to the media. John Yates, a commercial fishing boat captain was convicted of getting rid of fish he caught that were under the minimum legal size permitted in the Gulf of Mexico. He was charged under an anti-shredding provision of the Sarbanes-Oxley Act of 2002 which clearly prohibits knowingly altering or destroying a document, record or tangible object with the intention of obstructing a federal investigation. Yates argued that this particular law was related to the destruction of financial documents and not fish. In a 5-4 ruling in February, the justices threw out his conviction. A federal judge postponed the sentencing of Azamat Tazhayokov and Dias Kadyrbayev in November on the grounds that the case…
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DA Announces Bust of East End Heroin Ring
No Pre-Summer Party in the Hamptons: DA Announces Bust of East End Heroin Ring Drug dealing or drug sales charges are criminal charges for the sale or attempted sale of any type of illegal controlled substance, such as marijuana, cocaine, heroin, or meth. State laws sometimes refer to drug selling as "possession with the intent to distribute." Drug dealing or selling is more limited than drug trafficking, which includes any part in the chain of the making, transporting, and selling of drugs. Generally, the penalties for drug dealing are determined by the type of drug sold, the amount of the drug that was sold, and the number of prior offenses of the defendant, if any. In some cases, even if a person didn’t intend to sell drugs, they will be presumed to be selling if they have over a certain amount of the drug in their possession. The United States has the world's biggest prison population because of its draconian drugs laws. While there is a movement to…
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Leandra’s Law Is Official
Leandra’s Law Is Official: New York VTL 1192.2-a(b) / VTL 1192(2a)(b) Makes it a Felony to Drive Drunk (DWI / DUI) with a Child 15 Years Old or Younger Leandra's Law was signed into law on November 18, 2009 in honor of Leandra Rosado. Leandra was an 11-year old killed while she rode in a vehicle with the intoxicated mother of one of her friends. In response to this tragedy, the NYS Legislature made several changes to the Vehicle and Traffic Law (VTL). The law strengthened the criminal penalties against motorists who drink and drive, and requires that any person sentenced for Driving While Intoxicated on or after August 15, 2010 must have an ignition interlock device installed on any vehicle they own or operate the driver will have an "ignition interlock" restriction added to their driver license The law established a new Class E Felony. The law states that no person shall operate a motor vehicle under the influence of alcohol or drugs while a child who is…
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Labor Law § 240 (1)...cont
To establish liability under a theory of common-law negligence and for a violation of Labor Law § 200, an injured worker must establish that the party charged with the duty to maintain a reasonably safe construction site had the authority to control the activity bringing about the injury, to enable it to avoid or correct an unsafe condition. The defendant Holt established its prima facie entitlement to judgment as a matter of law by producing evidence that it did not have supervisory control over the activity that brought about the plaintiff's personal injury. Furthermore, when the claim arises out of alleged defects or dangers arising from the subcontractor's methods or materials, recovery against the owner or general contractor cannot be had unless it can be shown that the party charged exercised some supervisory control over the operation or had actual or constructive notice of the unsafe condition. An owner or contractor's mere retention of contractual…
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What's the very minimum treatment requirement on my DUI case?
The very minimum alcohol/drug treatment required in every DUI case - whether reduced/amended or not - is the 8-hour alcohol drug information school (ADIS) and the 1-2 hour DUI Victim's panel. An alcohol/drug evaluation is also required with every DUI...
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Jackson & Gau on Trust, Legitimacy, and Legal Authority
Jonathan Jackson and Jacinta Gau (London School of Economics & Political Science - Department of Methodology and University of Central Florida - College of Health and Public Affairs) have posted Carving Up Concepts? Differentiating between Trust and Legitimacy in Public...
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Selma and "Bloody Sunday" 50 Years Later
President Obama spoke at today's Selma March , commemorating the 50th anniversary of the historic event, also known as "Bloody Sunday." I read a lot of articles but chose this link from the Daily Mail because of the great photos (no auto video... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Berry on Life-with-Hope Sentencing
William W. Berry III (University of Mississippi School of Law) has posted Life-with-Hope Sentencing: The Argument for Replacing Life-Without-Parole Sentences with Presumptive Life Sentences on SSRN. Here is the abstract: The United States has over 41,000 people serving life-without-parole (LWOP)...
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Injury crash I15 at milepost 78, near Fort Hall blocking one lane
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 6:50 p.m. Please direct questions to the District Office The Idaho State Police is investigating a one vehicle injury crash I15 at milepost 78, near Fort Hall. The southbound lanes are partially blocked at this time. <jh / js> -------------
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Saturday Night Open Thread
Don't forget to turn your clocks ahead one hour tonight. (Spring forward, Fall back.) Our last open thread is about full, here's another one, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Motorcycle Crash on Lower Bench Road Sends One to the Hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 03/07/15 8:45 pm Please direct questions to the District Office On March 7th, 2015, at 4:00pm, the Idaho State Police investigated a single motorcycle crash on Lower Bench Road, near the Gem and Payette County line. Susanne Mazzuckis, 64, of Yorba Linda, California, was westbound on Lower Bench Road on a 2004 Harley Davidson. Mazzuckis failed to maintain her lane, drove off the right shoulder and was thrown from the motorcycle. Mazzuckis was transported by ground ambulance to Saint Alphonsus Regional Medical Center in Boise. Mazzuckis was wearing a helmet. This crash is under investigation by the Idaho State Police. SG /HG -------------
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**Update *** Injury crash I15 at milepost 78, near Fort Hall blocking one lane
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 8:52 p.m. Please direct questions to the District Office **Update*** On March 7,2015 at approximately 6:20 p.m., The Idaho State Police investigated a one vehicle injury crash northbound I15 at milepost 78, near Fort Hall. Mystic Scott, 17 of Idaho Falls, was traveling northbound in a 2002 Mitsubishi Montero. Scott lost control of the vehicle, overcorrected and rolled into the median. Scott and her 5 passenger were all transported to Portneuf Medical Center. All adult occupants were not wearing their seatbelts. The southbound lane of travel was partially blocked for emergency personnel for approximately one hour . ***End of Update*** The Idaho State Police is investigating a…
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Chicago Man Sentenced to 7 Years in Prison for Selling Fraudulent Insurance Policies in Orange County
Jacob Richard Bonzer, 28, worked for Farmers Insurance Group in Brea between 2009-2010. Bonzer was terminated after failing the Farmers Career Program and after he was terminated, investigators found 128 homeowner policies listed to the Brea office that were not associated with the properties. In all, more than $900,000 in commissions and premium payments for the fake policies were made to Bonzer. Bonzer received 7 years in prison after pleading guilty to 49 counts of grand theft, one felony count of forging a California Department of Insurance Examination report, transacting insurance business without a certificate of authority, 45 felony counts of insurance fraud, with sentencing enhancements for aggravated white-collar crime totaling more than $500,000 and taking more than $200,000. He is also ordered to pay restitution in the amount of $918,300.
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Department of Financial Services
This is an obstetrical medical malpractice action, brought on behalf of the infant by his mother was settled before the Court for $5,500,000 and an infant's compromise order was recently executed. A Bronx County Personal injury lawyer said that following a November 30, 2010 physical examination, the hospital's examining pediatric neurologist issued a report which concluded that: “the infant is a 16–month old boy with spastic triplegic Cerebral Palsy, microcephaly, and global developmental delay.” Plaintiffs contend that medical personnel at the hospital failed to timely deliver the infant plaintiff by cesarean section when confronted with non-reassuring fetal monitor tracings suggestive of a hypoxic event. Plaintiffs further allege that in attempting a vaginal delivery, prior to the tardy cesarian section, forceps were negligently and unsuccessfully used, causing a bleed in the right temporal area of the infant's brain and a fracture of the…
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District 1 Fatal Crash US95@418
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT 1 CASE # C15000519 --------------------- PRESS RELEASE ----------------------------- DATE: 03/08/2015 TIME: 4:22 AM LOCATION: Southbound US95 near milepost 418 ASSISTING AGENCIES: Coeur d Alene Tribal PD, Kootenai County Sheriffs Department VEHICLE #1 ------------- OCCUPANT 1 Pluff, Joseph E AGE 41 Years ADDRESS Worley,ID INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Kootenai Health VEHICLE YEAR 2001 VEHICLE MAKE Ford VEHICLE MODEL Escape WRECKER Body By Scotty …
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Eliminate Adverbs. Improve Your Writing.
We all have our pet peeves when it comes to the English language. I had an English teacher in college who offered a $1 million reward to anyone who could find a single instance in which use of the word “utilization” would be preferable to “use.” As far as I know, this reward is still unpaid. I had a boss in government who hated the word “address.” To address a problem, he said, is such an imprecise and bureaucratic thing to say. It covers the vast territory between solving a problem and ignoring it. Someone else I know hates semi-colons. “You have two sentences,” he says. “Get over it already!” But my favorite quirk comes from my father, who detested adverbs. Try writing without utilizing any adverbs; you will see how quickly you can address writing problems. Eliminate adverbs. Improve your writing.
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Bathroom bill spawns glitter bomb protest
State Rep. Debbie Riddle's district office in Montgomery County received a "glitter bomb" in the mail, reported the Texas Tribune, in response to which a DPS captain sent around a document (pdf) to legislative offices titled "Glitter Bombing: Weapon of Choice for Gay Rights, Pro-Choice Activists." A glitter bomb is a spring loaded package which spews glitter around the room when it's opened. So elevating its status to weaponry is a stretch, but we are in the Era of Hype and Hysteria where overstatement is the watchword of the hour. Every minor threat must be hyped to the Nth degree: It's a rule.The Tribune offered no suggestion why Debbie Riddle might have been victimized except for a reference in the document from DPS declaring that "The common denominator among [targets] is a conservative orientation and opposition to gay rights, especially marriage equality." But I doubt this had anything to do with marriage equality. Grits would…
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