From the Chicago Tribune:
Hospice Owner Seeks Light Sentence For $9M Medicare FraudBy John KennedyLaw360, New York (February 14, 2017, 6:06 PM EST) — The former owner of a hospice care center who pled guilty to involvement in a $9 million Medicare fraud scheme asked an Illinois federal judge Monday for the lightest allowable sentence, presumably much less than the 10 years the government wants him to spend behind bars.Seth Gillman, a lawyer and one of the founders of now-bankrupt Passages Hospice LLC, did not specify how long his impending sentence should be, only saying that it should be “the shortest term of imprisonment permissible under the law.”In support of his effort to shave years off the time he could spend in prison, he objected to two aspects of the government’s recommended sentence, described his good deeds, and noted how he has lost his business, his friends and his family as a result of his crime.“Gillman now comes before this court extraordinarily humble and contrite. He is deeply ashamed and angered with himself for succumbing to criminal conduct,” his sentencing memorandum said. “With exception to certain decisions and transgressions that have landed him before this court, Gillman has committed his life to helping his family, friends and others in need, illustrating his genuine sense of compassion and generosity.”The government, meanwhile, pushed for 10 years, pointing to Gillman’s role in overseeing a four-year-long fraud scheme in which Medicare was charged millions of dollars for unnecessary nurse visits and for care that patients ultimately didn’t receive — a scam he continued even as multiple members of his staff tried to change the practices.Over the life of the scheme, Medicare paid Passages about $26.5 million for “basically nothing” because little, if any, of it went to patient care, prosecutors said.“Unlike some defendants that come before this court and others, this defendant clearly could have had a good career and living without engaging in criminal activity, and he made a deliberate choice based on greed to put all of that at risk by defrauding Medicare,” the government said. “He chose to do this because he thought he could get away with it, and a serious sentence is necessary to punish him adequately.”Law enforcement searched Passages’ offices in January 2012, and Gillman was indicted in May 2014 along with three other Passages employees. He pled guilty in February 2016.Gillman had numerous opportunities during the life of the scheme to make things right, but “nothing changed, and the scheme went on,” the government said.His actions included firing a nursing director who raised multiple concerns soon after the plot began in 2008, actively changing patient files in 2009, and asking a co-defendant in 2010 if an employee in the Chicago region was a “cancer” after that worker questioned how staff could be a “family” if they were swamped with work, unable to voice concerns without feeling threatened and pressured to keep a certain amount of people on “general inpatient” services — a higher level of care that pulled in higher reimbursements — the government said.Gillman will be the first sentenced as a result of the scheme, so the court should consider his role as head of Passages, the length of the scheme, and the need to set a solid standard on which to base subsequent sentences, the government said. It has recommended 60 and 40 months for two other defendants.Gillman did not deny the seriousness of his offense, but objected to two aspects of the government’s recommendation that increased his sentence. Both sides agree that the scheme caused $9 million in losses — which the defendants should be required to pay back — but Gillman said that his sentence shouldn’t be lengthened as a result of it being a federal health care offense or because he allegedly abused a position of trust.Although he agreed to follow Medicare’s rules, the government would have needed to establish a relationship that’s beyond ordinary for him to have abused its trust, he said. As for the federal health care offense enhancement, the scheme was three months from ending before this enhancement went into effect, so it shouldn’t apply, Gillman said.With his objections, the government’s recommended sentence would drop from 120 months to between 70 and 87 months. But the Probation Department, a neutral third party, has recommended that a 36-month sentence would be sufficient, Gillman said, adding that he isn’t suggesting this is an appropriate length, but that the court should consider this fact.Gillman also said that Passages provided hundreds of elderly patients extra care and assistance that nursing homes didn’t provide, even while he, through Passages, “unjustly lined his pockets by submitting false claims.”“Despite his illegal conduct, the fact that hundreds of elderly patients received far better care than they qualified for should not be overlooked,” his sentencing memorandum said. “The true nature of this specific offense is that Gillman improperly profited off the Passages patients who received extensive end-of-life care that, under Medicare guidelines, they were not qualified to receive.”Also on Monday, the government filed a short sentencing memorandum for Passages itself, which pled guilty in February 2016. Although a large fine would ordinarily be warranted, the bankrupt company isn’t likely to be able to pay such a penalty, so no fine should be imposed, the government said, recommending two years of probation.Gillman is represented by Blaire C. Dalton of Dalton Law LLC and by Edward M. Genson and Vadim A. Glozman of Edward M. Genson & Associates.The government is represented by U.S. Attorney Zachary T. Fardon and Assistant U.S. Attorneys Stephen Chahn Lee, Abigail Peluso and James P. Durkin.The case is USA v. Gillman, et al., case number 1:14-cr-00033, in the U.S. District Court for the Northern District of Illinois.–Additional reporting by Diana Novak Jones. Editing by Philip Shea.
The tribune article mentioned the kickbacks that Gillman made to other nursing home operators. Why have they not been indicted? The ‘street’ had it that Gillman was co-operating with the Fed – was he? Jerome Larkin acted upon the knowledge that Gillman was co-operating! He most probably heard it from the same sources that I did! His reaction was to try to turn the screws by disciplinary proceedings – and he did!
We need fairness in our Courts! We also need the Courts to be administered fairly and impartially!
From: kenneth ditkowsky <firstname.lastname@example.org>
Sent: Wednesday, March 8, 2017 5:52 PM
Subject: Re: Supreme Court Says Jury Secrecy Not Guaranteed If Racial Bias Exists
Indeed, we are dealing with a corruption that goes to the heart of the justice system. The Court lays down a very strict rule in that there has to be a ‘clear statement.’ exactly what that means is that it will take another 100 years to have a similar case; however, the gantlet has been laid down.
In the elder cases, the statute is very clear for appointing a guardian. Guardians should be rare as the burden set by statute is very heavy. First proof of incompetency has to be by clear and convincing evidence and under 755 ILCS 5/11a -3 b (and similar limitations in every statute in the USA – because of ADA) there has to be definitive proof as to specific needs to be addressed by the guardian. As a fiduciary being a guardian is an onerous task! The fiduciary must act in the ward’s objective best interest, and can be compensated only for the work that is reasonably in the guardians objective best interest that is reasonable and necessary.
As every one should be aware if they actually attended some institution of learning while conscious – objective best interest is determined by the clear light of hindsight!
TODAY with corrupt courts we are getting too many off the wall decisions. In Judge Maureen Connors Court lawyers heard this Judge appoint guardians without hearing a single word of testimony on a routine basis. Ditto for some of the other Illinois Courts. Here in Illinois we have had scandals by the dozen in which individuals totally innocent of the crime charges confessed to crimes that they could not have committed. A little wire hooked to a electric outlet and the genitals lessens the plead of innocence! In fact the threat itself does wonders.
Activists have suggested with a great probability of truth that a defendant who happens to have a dark skin color is more lightly to be treated to the more esoteric forms of interrogation and a quick shift by the Justice system. Of course I have no evidence of such conduct, but if you turn to correct media outlet they will confirm the wildest accusation and double it!
A fundamental covenant of America is EQUAL and FAIR justice, without undue delay. In Chicago such is inconvenient to too many of the Political and Judicial elite. Thus we get cases such as the Lanre Amu DISCIPLINARY KANGAROO PROCEEDING or a blog disclosing judicial corruption being labelled as “yelling fire in a crowded theater.”
Indeed — FAIRNESS AND HONESTY in every phase of the Judicial process is not only necessary – but essential. It is the job of the SCOTUS to remind the great unwashed – i.e. you and me – that their decisions are not suggestions – BUT THE RULE OF LAW and as citizens we have to fight tooth and nail to protect the concept of FAIRNESS and EQUALITY BEFORE THE EYES OF THE LAW.
And lest we not forget the 10,000 people who “disappeared” at Homan Ave police station since 1995. The building is a creepy old warehouse and looks just like a place of torture for thousands.
It is said that these people were mostly poor and brown and no one would care if they disappeared.
We need an investigation.