From NASGA- Hawaiian Health Care Law could help Families and their Elderly loved ones big time

https://seniorcareadvice.com/hawaii-eldercare-law-could-set-future-precedent.htm

 

A Hawaiian law awaiting the governor’s signature could influence eldercare legislation for the rest of the United States after local leaders push for a bill that aims to aid family caregivers. If passed, the law would be the first of its kind in the U.S. to provide funds to family members who hold down jobs and act as caregivers — promising up to $70 a day in help from home aids.

With trained caregiver hourly rates teetering between roughly $10 and $12, this kind of assistance would give caregivers time to pick up overtime at work, take care of children, run errands, and provide care while they’re not around.

Families Who Need the Help Most Can’t Afford It

This funding is also important because many times families who need the most help cannot afford it. “In Hawaii, we’ve heard time and again that it’s not wealthy people that are hiring domestic workers — it’s people who need some support here and there,” Ai-jen Poo, director of the National Domestic Workers’ Alliance, explained to Slate. “It’s working families who are … working part-time or temporary [jobs], or they’re self-employed and they’re trying to piece together work.”

Bill Doesn’t Interfere With Cultural Norms

This bill will not only be a potential lifeline for families who need it, it will also reinforce culture. Kevin Simowitz, Caring Across Generations political director, told Slate that as they looked for ways to help Hawaii’s aging population, they saw an unexpected pushback from locals. “I was surprised at how often, early in the conversation, people would say some version of, ‘I don’t think this is somebody else’s responsibility. I think care is my responsibility. My parents are getting older — I should take care of them.’”

In Hawaii, the job of a caregiver is revered with respect and dignity. The elderly are lovingly referred to as Kupuna, and the responsibility of a child to care for their parents is one that is not second-guessed. So, when local leaders and advocacy groups started poking around and learning more about Hawaii’s elderly and those who care for them, they were surprised to find that family caregivers shied away and generally refused outside help, even if it was needed.

It’s the balance between family eldercare and specialized help that has aided in this bill’s support. The legislation doesn’t replace the tradition of eldercare in the Hawaiian community, but rather reinforces it by providing vital resources to families in need.

Other States May Follow

The bill is also timely. The U.S. census projected that by 2030, more than one-fifth of the population will be 65 or older. On the island state of Hawaii, that number is expected to reach 30 percent by the same year.

Right now, Washington State is considering a similar bill, and other states with rapidly aging populations like Maine, Michigan, and Minnesota are also taking note. As the rest of the country ages, we assume other states will look to Hawaii’s program for inspiration — if it gets Gov. David Ige’s expected signature, that is.

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From Ken Ditkowsky–Dirty Alderman and their Dirty banks and the Dirty ARDC covers it all up.

Aldermen got loans from bank led by lawyer, OK’d his clients’ projects

THE WATCHDOGS 07/16/2017, 08:42am

Ald. Roberto Maldonado (26th) and Ald. Proco Joe Moreno (1st) during a Chicago City Council meeting. | Sun-Times files

While backing plans to build condos in their wards, two aldermen representing Logan Square, Humboldt Park, Wicker Park and other booming neighborhoods got loans from a bank headed by the lawyer for the developers, a Chicago Sun-Times investigation has found.

Ald. Roberto Maldonado (26th) and Ald. Proco Joe Moreno (1st) each has gotten mortgages from Belmont Bank & Trust, according to a Sun-Times’ review of the more than 1,200 mortgages that the small, Northwest Side bank has made since it opened 11 years ago.

Maldonado’s loans totaled nearly $1 million, Moreno’s $885,000, according to records and interviews.

The chairman of the bank? James Banks, who’s also one of the city’s busiest zoning and development lawyers. He is the largest shareholder in Belmont Bank, according to records it filed with the Federal Reserve Bank.

Since becoming loan customers of Belmont Bank, Maldonado and Moreno each has voted on more than 200 zoning cases involving Banks’ law firm, including dozens of projects in their wards. They have never abstained from voting on any case involving Banks or his firm, city records show.

They’ve also signed off on tearing down homes and stores that were replaced by condos built by developers who hired the clout-heavy Banks firm to shepherd their construction projects through City Hall, the records show.

Like all Chicago aldermen, Maldonado and Moreno have the power to block any zoning changes in their wards. Once approved, the rest of the City Council typically goes along.

One of every five zoning changes Banks has won from the Chicago City Council the past five years involved property in either Moreno’s 1st Ward or Maldonado’s 26th Ward. The council approved each of them without opposition from any of the 50 aldermen.

Ald. Proco Joe Moreno (1st) | Rich Hein / Sun-Times

Since Moreno got a one-year line of credit and a five-year mortgage from Belmont Bank in 2013, Banks has won 43 zoning cases in Moreno’s ward — more than in any other ward.

Moreno — who landed a seat last year on the City Council zoning committee, which hears Banks’ clients’ zoning cases — says he had no reason to abstain from zoning cases involving the lawyer who’s also chairman of the bank that held two mortgages on his home.

“I got a private mortgage on my house, and I paid it off,” Moreno says. “It’s a private transaction.”

He says aldermen often vote on matters involving financial institutions that gave them a mortgage. He says that’s difficult to avoid.

“Now, I have a mortgage with Guaranteed Rate that was sold to Chase,” Moreno says. “Chase does business with the city.”

Maldonado won’t talk about his loans or answer questions about how they might have affected his official actions, other than providing a written statement. In it, he clarified the amount of money he actually got, saying it’s far less than what records show.

His written statement also says, “I secured these loans according to all bank laws and regulations.”

Ald. Roberto Maldonado (26th). | Ashlee Rezin / Sun-Times

Regarding the bank’s chairman, Maldonado wrote: “James Banks is one of Chicago’s leading attorneys in zoning and real estate law and represents clients throughout the city. I review zoning requests based on the merit of the proposal and the impact on the surrounding community, and I have rejected zoning requests from Mr. Banks’ law firm when they were not in the best interest of the community.”

Banks didn’t return calls, referring questions to William McCarty III, the president and chief executive officer of Belmont Bank.

McCarty says the aldermen were treated like all of the bank’s customers, a clientele list that’s included Illinois Senate President John Cullerton, D-Chicago, as well as other politicians and clout-heavy businessmen.

“Anybody that walks in my door and gives an application . . . if they qualify, we have to provide them a loan,” McCarty says. “There’s no special treatment.”

Ald. Roberto Maldonado got a $500,000 mortgage from Belmont Bank & Trust on his Humboldt Park home near The 606 trail. | Kevin Tanaka / Sun Times.

Maldonado first borrowed from Belmont Bank in June 2012. Cook County records show the bank filed eight separate mortgages totaling $4,482,000 against six properties owned by Maldonado — his home, a three-story building and four lots that his wife later sold to a developer, who built eight townhomes along the abandoned railroad that’s been converted into The 606, the popular recreation trail that’s given a boost to the real estate market in the area.

Despite the figures given for those eight mortgages filed with the Cook County recorder of deeds, Maldonado provided the Sun-Times with a statement from Belmont Bank saying the alderman got only three loans that totaled $984,000. The bank says one loan has been repaid and that the alderman owes a total of $713,097 on the two remaining loans.

William McCarty III. | LinkedIn

“Everything we’ve done with Mr. Maldonado has been paid off in full . . . or is performing,” says McCarty, the bank president. “There’s been no forgiveness of debt. We haven’t forgiven any debt to him. And we haven’t written off any debt to him. Everything is at market rate. We’re not in the business of giving people preferential treatment.”

Maldonado got his first loan from Belmont Bank on June 15, 2012. That was nine days after the alderman was part of a 46-0 City Council vote to subdivide a lot in his ward so a client of Banks’ law firm could replace a single-family home with a pair of three-story buildings.

Though Maldonado and the bank say the loan was for $500,000, the bank placed a $1 million mortgage — double the value of the loan — on the alderman’s two-story home, which he built on three lots in Humboldt Park. The home is half a block south of The 606.

The alderman owes $392,733 on this loan, which the mortgage filed by his bank with the Cook County recorder of deeds shows was due last month. The bank says the loan is current and active.

The view from The 606 of the condos that went up on Ald. Roberto Maldonado’s former vacant lots at 1759 N. Monticello Ave. | Kevin Tanaka / For the Sun-Times.

Maldonado got a second loan four months later, this time borrowing $130,000. Belmont Bank filed three separate mortgages against Maldonado’s property totaling $650,000 — five times the value of the loan — as collateral. It put a second mortgage on the alderman’s home for $260,000, another mortgage for $260,000 on his two vacant lots on Monticello and a mortgage for $130,000 on his two lots on Central Park.

According to the bank, this loan has been repaid.

Maldonado got a third loan from Belmont Bank five months after the second loan, this one for $354,000. To secure this loan, the bank placed four separate mortgages totaling $2,832,000 against Maldonado’s real estate. It put a $708,000 mortgage on his home — the bank’s third mortgage on the alderman’s house — a $708,000 on his two-story building at 2548 W. Division, a $708,000 mortgage on the Monticello vacant lots and a $708,000 mortgage on the Central Park vacant lots.

Maldonado owes $320,364 on this loan, which is due next April. The bank removed the mortgages from the vacant lots last November, nearly two years after Maldonado sold the property, but the mortgages on his house and the Division Street property remain in effect, records show.

McCarty says Belmont Bank typically files mortgages for double the amount of a loan to a customer. He says that’s “to protect the bank and shareholders” if a borrower fails to repay the loan, forcing the bank to take legal action to recover its money and other costs.

Filing mortgages for double the amount of the loan is sometimes done to prevent borrowers from using the same property as collateral to obtain additional loans from other institutions, according to financial sources.

After obtaining the loans on his four vacant lots, which are in his ward, Maldonado transferred the property to a trust in his wife’s name. As with the neighboring homes, these lots were zoned for manufacturing when the alderman’s wife filed with City Hall to rezone the property so she could sell it to a developer who wanted to build homes along The 606 trail.

Maldonado abstained from voting when the City Council rezoned the land on Nov. 19, 2014. Four months later, a lawyer from Banks’ firm helped Maldonado’s wife sell the property to a development company headed by Sergiy Vasilechko for $500,000 — $335,000 over what her husband paid for the land more than a decade earlier.

Though the Maldonados sold the property that had been used as collateral for two loans from Belmont Bank, the bank’s mortgages on the property remained in force for nearly two years, long after Vasilechko began building the townhomes. The bank removed the mortgages last Nov. 16, as Vasilechko’s company borrowed from another lender to finish the eight townhomes, now for sale. One unit sold for $489,250 shortly before Memorial Day, records show.

Ald. Roberto Maldonado used this building, second from left, at 2548 W. Division St. to secure a bank loan. | Kevin Tanaka / For the Sun-Times.

The statement from Belmont Bank says the mortgages were released when the Maldonados sold the property in 2015 a few months before The 606 opened, but the title company “failed to” file the documents with the county showing the mortgages were paid. Belmont Bank says those mortgages were released when it was contacted by a new title company on behalf of Vasilechko, who was seeking a loan for the property.

Though the Belmont Bank mortgages remained on the property long after the Maldonados sold the land, Vasilechko’s attorney, Daniel Lauer, says his client “funded construction out of his pocket, which is the way he does business. He was finally able to get a loan on this property last November, after construction was ongoing for about a year.”Belmont Bank still has two liens on the alderman’s home and another on his building at 2548 W. Division, county records show.

Since Maldonado began borrowing from Belmont Bank, the City Council has approved 278 zoning changes involving clients of the Banks law firm. All passed without opposition. Records show Maldonado voted for 263 of them, including 22 projects in his ward.

Ald. Proco Joe Moreno (1st) got a $125,000 line of credit on his Wicker Park home and a $760,000 mortgage, both from Belmont Bank. | Kevin Tanaka / For the Sun-Times.

Moreno became a customer of Belmont Bank after Maldonado. He got a $125,000 line of credit on his Wicker Park home in April 2013 and a $760,000 mortgage six months later, records show — a total of $885,000.

But the bank recorded two mortgages totaling $1.77 million on Moreno’s home. The bank removed those liens last December, when Moreno says he repaid the money.

The line of credit was supposed to repaid in April 2014, and the mortgage was due late next year. Both loans were released on Dec. 23, 2016, indicating Moreno repaid the mortgage two years early, while his 12-month line of credit appears to have remained open for 44 months.

Moreno says he was always current on his payments to Belmont Bank. He says he never renegotiated the loans and doesn’t know why his line of credit remained open years after he was to have repaid it.

 

Attorney James Banks at City Hall. | Sun-Times files

Bank’s chairman a key player in building, development in Chicago

Over the past two decades, James Banks has become one of Chicago’s go-to zoning attorneys.

He’s helped numerous small developers reshape neighborhoods across the city, often replacing single-family homes with condo buildings.

Many of those condos have been built with financing from Belmont Bank, where he’s chairman and the biggest shareholder.

Sales of those condos often go through Sergio & Banks, a real estate company Banks co-owns with his wife Grace Sergio.

Banks also owns the Law Offices of Samuel V.P. Banks, a three-lawyer firm founded by his late father, a criminal defense attorney who represented clients accused of being mobsters. At the Operation Family Secrets mob trial a decade ago, a one-time burglar testified he’d bribed cops by passing them money through Sam Banks, who was never charged with any wrongdoing.

James Banks — a member of the Illinois State Toll Highway Authority board since his appointment by Gov. Jim Edgar in 1993 — also came up during that mob trial in 2007. The widow of slain mobster Michael Spilotro testified that she sold her late husband’s restaurant to Banks and his business partner, former state Sen. James DeLeo. She testified she was unhappy with the sale price, though, and appealed to Chicago mob boss James Marcello.

Sam Banks was the brother of attorney William Banks, a former Chicago alderman who headed the City Council’s zoning committee when James Banks began representing developers seeking zoning changes from Chicago’s aldermen. William Banks resigned from the City Council eight years ago to become an attorney for developers seeking zoning changes from City Hall.

James Banks once served on the board of Citizens Bank and Trust of Chicago but left the board long before state and federal regulators shut down the bank.

A few years later, he started Belmont Bank, which opened in 2006 next door to his real estate firm on the Far Northwest Side with his father on the board of directors. His cousin, Ronald Banks, is the bank’s chief financial officer. DeLeo also serves on the board.

Besides many of the developers Banks has represented, the bank’s customers include several of his family members and some business partners, including an owner of Tavern on Rush.


kenneth ditkowsky

Jul 23 (3 days ago)

to gov.gocaGovernorpresidentpressProbateBevIllinoisAdministratorNasgaNewseditorsJoAnnewsj.ltsFBI-ChicagoDitkowskyAndyABAJournal.comAngelainfoABALanreCookacluAlyeceAging
I thought it might be interesting to take a broader look at the health care fraud industry and examine how legitimate companies are acting in this wide spread corruption.   Ergo, I googled
Settlement of a healthcare fraud investigation. □. Using compliance programmes to prevent fraud. □. Lessons learned from recent pharmaceutical and device.
What I found literally curls my hair.    The result of this over-view brings reality right into focus and explains the problem that we face and the issue of how do we solve the problem without tossing the baby out with the bathwater.
When the record in the JoAnne Denison disciplinary proceeding is read in an honest and forthright manner, it is clear that the fraud is institutionalized and aided and abetted by the very agency that Illinois has designed to protect the public from lawyers (and judges) who are dishonest and predators.   To start with, the Administrator of the Illinois Attorney Disciplinary Commission (IARDC) files pleadings that he knows or should know are false and intentionally designed to mislead not only the public but any trier of fact.   This perfidy is however irrelevant as the trier of fact is obviously ‘fixed’ (“wired”) or otherwise polluted.
In most trials in the United States the petitioner/plaintiff has the burden of proof.   Indeed, in disciplinary proceedings the IARDC has the burden of proof.   They have to prove the ethical or legal lapse by CLEAR AND CONVINCING EVIDENCE.
It must be recognized that it is difficult to prove that an attorney following the rules (Rule 8.3) and reporting improper conduct and  activity  on the part of judges  – much of which is criminal – to regulating and prosecution authority is ethically challenged.   Indeed, it is even more difficult when the standard of proof is clear and convincing.    18 USCA 4, and the First Amendment to the US Constitution also protect that right.
Nevertheless, the Illinois authorities lead by Jerome Larkin set up a kangaroo commission and hearing panel to find Attorney Denison guilty of something.    They determined that reporting criminal/corrupt activity on the part of a judge to be akin to “yelling fire in a crowded theater.”   (NB.  see IARDC filing with the Illinois Supreme Court seeking interim suspension of Ms. Denison’s license.)
In the course of the proceeding Jerome Larkin and his 18 UsCA 371 co-conspirators in an effort to keep the door open to Federal Health Care frauds for a favored class of political and judicial elite were open in their prevarications, prejury, subordination of perjury, violation of law *****.    The even went so far as to cover-up a sitting Judge’s admission of perjury by engaging Court one or more court reporters that were not licensed by the State of Illinois.    Judge Maureen Connors on page 91 of her evidence deposition taken by the IARDC admitted to being ‘wired’.   The Court record notes that all the protections of 755 ILCS 5/11a – 10 and the Illinois and the Federal Constitution were ignored in case 09 P 4585.   Even the mandate required by 755 ILCS 5/11a – 3 (and in particular 3b) and the Americans With Disabilities Act was ignored!    Larkin and his cronies could find nothing wrong with incarceration, kidnapping, exploitation, abuse and denial of human rights by a cadre of judicial officials who were sworn to uphold the Constitution.
So arrogant were these Judicial officials and Mr. Larkin that obscenely they demonstrated their contempt for Civil Rights by denying Diane Nash entry into the open public hearing room in which the kangaroo disciplinary hearing was being held.   (Diane Nash, is an icon of the Civil Rights movement.  Google her name = what you will find is interesting and significant).   The action was arbitrary as I (Ken Ditkowsky) was a spectator at the proceeding and right adjacent to me was an vacant chair.   Mrs. Nash was the only person denied accommodation!     (NB.  I wrote Mr. Larkin and the IARDC requesting an apology be written to Mrs. Nash  – of course, as the violation of her civil rights was intentional, there was no apology – not even the usual insincere apology!)
The health care fraud allegedly committed by the major NY Stock exchange companies always makes the news and deflects from the massive WAR ON THE ELDERLY AND THE DISABLED that is raging all over America and especially in Illinois.   The Government Accounting Office has written at least four reports to Congress detailing this situation and dozens of laws have been enacted; however, enforcement has been zilch!   Yes, Philip Esformes was indicted for stealing a BILLION dollars in Medicare money.    Seth Gillman for his Hospice fraud and theft of millions of dollars of Medicare fraud *****.   These people are small potatoes.  The active members of the cabal operate virtually without interruption and I allege upon information and belief based upon reliable information garnered while I was still practicing law that the REAL CRIMINALs have dozens of health care facilities that generate billions of dollars in stolen Medicare and other health care funds right here in Chicago.   The fraud is so massive that Philip Esformes’ fraud is a drop in the ocean.
Also serious is the fact that it has been alleged that the fraud has grown so that it fosters vote fraud, red light camera fraud, and even entertainment industry perfidy.   The tie between the outfit and the entertainment industry is well documented; however, the tie between these health care fraud billionaires is being white papered over.
The Opioid epidemic is not a real surprise.   It is funded by the Federal Government Health Care programs and its looking the other way when the Political elite provide campaign contributions and votes to the dominant local political party.   Of course the dominant local political party cries out that any investigation of vote fraud is *****, just as they cry out that investigation of corruption in the judicial system if akin to “yelling fire in a crowded theater!”    In both case heretofore they have gotten away with thwarting honest investigations!
In the Denison disciplinary proceeding Jerome Larkin and the Illinois Supreme Court have disgraced themselves and the legal profession.   Such perfidy cannot be suppressed but even the America Bar Association demonstrated the ability to look the other way while the legal profession prostituted itself.    Unfortunately, the miscreants’ nefarious and criminal behavior is not limited to Ms. Denison.    Here in Illinois any call for an HONEST INVESTIGATION is met with a suspension of a law license.   If the attorney calling for the investigation happens to have a dark skin and an African heritage “Justice” is swift.   The White pointed hats and the sheets are not necessary – the Illinois Supreme Court puts on its blinders and informally using the Dred Scott Decision as precedent slapped down the uppty ******.    
I mention the Lanre Amu case because it is so obnoxious and so racist that even Joseph Stalin could not deny the Jim Crow aspect.    In fact, as the CHICAGO BUSINESS DAILY made the very same averments that attorney Amu made, Mr. Stalin would have felt a bit of embarrassment.   The usual Soviet approach would have been to admit the error and ramp up some other charge = HOWEVER, NOT Mr. larkin of the Illinois Supreme Court!    Several years have gone by and Amu has not been compensated, apologized to, or *****.    Our modern KKK, like the 20th Century model does not admit mistakes – they are buried!
Health Care in the United States is doomed to fail!    It does not matter if you are a Republican, Democrat, or a member of some subversive group – no health care program can be successful with a 700% fraud surcharge!    The “token” enforcement is too little too late!  It is also misdirected.    The health care fraudsters with clout (and who are the most diverse and have the most profitable scams) must be brought to justice.   The fact that some are major contributors to the coffers of the major political parties is irrelevant.   Ditto for the fact that some have more money than the good Lord!    The political cesspool in places like Illinois, New York, California, Florida has to be sanitized.

 NB.  In Illinois the perfidy of Jerome Larkin has to be addressed with at the very least assessing against him the joint and several tax liability that he earned by his participation in the elder cleansing conspiracies.   His allegedly criminal and ethically challenged exploits should be given public attention and the fact of his engagement to teach ethics to lawyers ******.    The major nursing home operators who allegedly carry on the very same activities that Gillman and Esformes engage should also be prosecuted and their misdeeds be addressed!     IT IS NOT ENOUGH TO MOVE YOUR LIPS OR AGREE – we need an HONEST INVESTIGATION RIGHT NOW!     We need positive reinforcement demonstrated by both the Federal and State LAW ENFORCEMENT authority and the RULE OF LAW to be paramount!

From the US Dept of Justice on Health Care Fraud

Overview

Health care fraud costs the United States tens of billions of dollars each year. Some estimates put the figure close to $100 billion a year.  It is a rising threat, with national health care expenditures estimated to exceed $3 trillion in 2014. Health care fraud schemes continue to grow in complexity and seriousness.  The dedicated efforts of law enforcement are a major component of the fight against health care fraud.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) established a national Health Care Fraud and Abuse Control Program (HCFAC or the Program) under the joint direction of the Attorney General and the Secretary of the Department of Health and Human Services (HHS), designed to coordinate Federal, state and local law enforcement activities with respect to health care fraud and abuse.  In its seventeenth year of operation, the Program’s continued success confirms the soundness of a collaborative approach to identify and prosecute the most egregious instances of health care fraud, to prevent future fraud and abuse, and to protect program beneficiaries.

On May 20, 2009, Attorney General Eric Holder and HHS Secretary Kathleen Sebelius announced the Health Care Fraud Prevention & Enforcement Action Team (HEAT), an initiative that combined increased tools and resources, with sustained focus by senior level leadership designed to enhance collaboration between the Department of Justice (DOJ) and investigative agencies.  With the creation of the new HEAT effort, DOJ pledged a cabinet-level commitment to prevent and prosecute health care fraud.  HEAT is comprisedof top level law enforcement agents, prosecutors, attorneys, auditors, evaluators, and other staff from DOJ, HHS, and their operating divisions, and is dedicated to joint efforts across government to both prevent fraud and enforce current anti-fraud laws around the country.

The mission of HEAT is:

  • To marshal significant resources across government to prevent waste, fraud and abuse in the Medicare and Medicaid programs and crack down on the fraud perpetrators who are abusing the system and costing us all billions of dollars.
  • To reduce skyrocketing health care costs and improve the quality of care by ridding the system of perpetrators who are preying on Medicare and Medicaid beneficiaries.
  • To highlight best practices by providers and public sector employees who are dedicated to ending waste, fraud, and abuse in Medicare.
  • To build upon existing partnerships between DOJ and HHS, such as our Medicare Fraud Strike Force Teams, to reduce fraud and recover taxpayer dollars.

The Criminal Division plays a critical role in HEAT. The Criminal Division’s Fraud Section has 40 prosecutors assigned on health care fraud matters across the country.  Most of these 40 prosecutors are assigned to the Medicare Fraud Strike Force (MFSF). Partnering with nine U.S. Attorney’s Offices, the MFSF has filed almost 1000 cases, charging over 2100 defendants who collectively billed the Medicare program more than $6.5 billion. Almost 1500 of these defendants pleaded guilty and 200 others were convicted in jury trials; over 1200 defendants were sentenced to imprisonment for an average term of approximately 48 months.

In addition, the Criminal Division also investigates and prosecutes corporate matters involving larger medical providers and companies.  As a result, the Criminal Division is involved in numerous corporate investigations initiated by False Claims Act lawsuits filed by qui tam relators or referrals from law enforcement agencies.  In a recent speech, the Assistant Attorney General made clear that addressing large-scale corporate health care fraud is a key Criminal Division priority.

For particular questions relating to specific conduct, you should seek the advice of counsel, or contact the Department of Justice with the information listed below.

CONTACT US REGARDING HEALTH CARE FRAUD

By Mail

Correspondence relating to incidents of health care fraud may be sent to:

Fraud Section, Criminal Division
U.S. Department of Justice
ATTN: Chief, Health Care Fraud Unit
950 Constitution Ave., NW
Washington, DC 20530

By Email
Joe Beemsterboer(ZZZlink sends e-mail), Chief, Health Care Fraud Unit
Dustin Davis(ZZZlink sends e-mail), Assistant Chief, Baton Rouge and New Orleans Strike Force
Ashlee McFarlane(ZZZlink sends e-mail), Assistant Chief, Houston Strike Force
Allan Medina(ZZZlink sends e-mail), Assistant Chief, Chicago and Detroit Strike Force
Sally Molloy(ZZZlink sends e-mail), Assistant Chief, Corporate Strike Force
Diidri Robinson(ZZZlink sends e-mail), Assistant Chief, Los Angeles Strike Force
Brendan Stewart(ZZZlink sends e-mail), Assistant Chief, Brooklyn Strike Force
Nicholas Surmacz(ZZZlink sends e-mail), Assistant Chief, Miami, and Tampa Strike Force

 

July 2017 indictments to date

July 2017

July 24, 2017; U.S. Attorney; Middle District of Florida
Owner Of Tampa Parathyroid Practice Agrees To Pay $4 Million To Resolve False Claims Act Allegations
Tampa, FL – Dr. James Norman, the owner and operator of James Norman, MD, PA, a/k/a James Norman, MD, PA Parathyroid Center, d/b/a Norman Parathyroid Center (collectively, Norman) has agreed to pay $4 million to resolve allegations that he violated the False Claims Act by knowingly engaging in various unlawful billing practices with respect to Medicare and other federal health care programs and their beneficiaries.
July 24, 2017; U.S. Attorney; Middle District of Tennessee
Pain Management Group Agrees To Pay $312,000 To Resolve False Claims Act And Overpayment Allegations
Pain Management Group P.C. (“PMG”), based in Antioch, Tenn., has agreed to pay $312,000 to settle federal and state False Claims Act and overpayment allegations, announced Jack Smith, Acting United States Attorney for the Middle District of Tennessee.
July 21, 2017; U.S. Department of Justice Medicare Fraud Strike Force Case
Houston Physician Convicted of Conspiracy in $1.5 Million Medicare Fraud Scheme
A federal jury convicted a Houston physician today for his role in a scheme involving approximately $1.5 million in fraudulent Medicare claims for home health care services and various medical testing and services.
July 21, 2017; U.S. Attorney; Middle District of Louisiana
Baton Rouge Home Health Company Settles False Claims Act Case For $1.7 Million
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced that CHARTER HOME HEALTH, a Baton Rouge-based healthcare company, has agreed to settle a civil fraud complaint filed under the federal False Claims Act by paying the United States $1.7 million and entering into a Corporate Integrity Agreement.
July 19, 2017; U.S. Attorney; Southern District of Florida
Nine Miami-Dade Assisted Living Facility Owners Sentenced to Federal Prison for Receipt of Health Care Kickbacks
Miami-Dade County assisted living facility owners, Marlene Marrero, 60, of Miami, Norma Casanova, 67, of Miami Lakes, Yeny De Erbiti, 51, of Miami, Rene Vega, 57, of Miami, Maribel Galvan, 43, of Miami Lakes, Dianelys Perez, 34, of Miami Gardens, Osniel Vera, 47, of Hialeah, Alicia Almeida, 56, of Miami Lakes, and Jorge Rodriguez, 57, of Hialeah, were sentenced to prison for receiving health care kickbacks. United States District Judge Marcia G. Cooke imposed sentences upon the nine defendants ranging from eight months to one year and one day, in prison. One assisted living facility owner, Blanca Orozco, 69, of Miramar, was sentenced to home confinement. In addition to their federal convictions, all ten defendants were also ordered to serve three years of supervised release, pay restitution and are subject to forfeiture judgments.
July 19, 2017; U.S. Attorney; Western District of Missouri
Two University of Missouri Physicians Plead Guilty to Health Care Fraud
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that two physicians at the University of Missouri School of Medicine in Columbia, Mo., have pleaded guilty in federal court, in separate cases, to engaging in a health care fraud scheme that totaled more than $190,000.
July 18, 2017; U.S. Attorney; Western District of Virginia
Danville Doctor Pleads Guilty to Healthcare Fraud, Tax Evasion Charges
Danville, VIRGINIA – A Danville doctor, who billed various insurers for services he never administered to patients, pled guilty today in the United States District Court for the Western District of Virginia in Danville to healthcare fraud and tax evasion charges, Acting United States Attorney Rick A. Mountcastle announced.
July 17, 2017; U.S. Department of Justice
Three Companies and Their Executives Pay $19.5 Million to Resolve False Claims Act Allegations Pertaining to Rehabilitation Therapy and Hospice Services
Ohio based Foundations Health Solutions Inc. (FHS), Olympia Therapy Inc. (Olympia), and Tridia Hospice Care Inc. (Tridia), and their executives, Brian Colleran (Colleran) and Daniel Parker (Parker), have agreed to pay approximately $19.5 million to resolve allegations pertaining to the submission of false claims for medically unnecessary rehabilitation therapy and hospice services to Medicare, the Department of Justice announced today.
July 17, 2017; U.S. Attorney; Southern District of New York
Manhattan U.S. Attorney Announces $4.4 Million Settlement Of Civil Lawsuit Against VNS Choice For Improper Collection Of Medicaid Payments
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that the United States has settled a civil fraud lawsuit against VNS CHOICE, VNS CHOICE COMMUNITY CARE, and VISITING NURSE SERVICE OF NEW YORK (collectively, “VNS”) for improperly collecting monthly Medicaid payments for 365 Medicaid beneficiaries whom VNS Choice failed to timely disenroll from the VNS Choice Managed Long-Term Care Plan (“Choice MLTCP”). Most of the beneficiaries who should have been disenrolled from the Choice MLTCP were no longer receiving health care services from VNS. Under the terms of the settlement approved today by United States District Judge Ronnie Abrams, VNS Choice must pay a total sum of $4,392,150, with $1,756,860 going to the United States and the remaining amount to the State of New York. In the settlement, VNS admits that VNS Choice failed to timely disenroll 365 Choice MLTCP members and, as a result, received Medicaid payments to which it was not entitled.
July 14, 2017; U.S. Department of Justice
Clinical Psychologist and Owner of Psychological Services Centers Sentenced to 264 Months for Roles in $25 Million Psychological Testing Scheme Carried out Through Eight Companies in Four States
Two owners of psychological services companies, one of whom was a clinical psychologist, were sentenced yesterday for their involvement in a $25.2 million Medicare fraud scheme carried out through eight companies at nursing homes in four states in the Southeastern U.S.
July 14, 2017; U.S. Attorney; Southern District of Georgia
Southern District Of Georgia Announces Participation in National Health Care Fraud Takedown
SAVANNAH, GA: On Thursday, Attorney General Jeff Sessions and Department of Health and Human Services (“HHS”) Secretary Tom Price, M.D., announced the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics.
July 14, 2017; U.S. Attorney; Eastern District of New York
Senior Executives Of Medical Drug Re-Packager Plead Guilty To Defrauding Healthcare Providers
Earlier today, in federal court in Brooklyn, Gerald Tighe, the president and owner of Med Prep Consulting Inc. (Med Prep), and Stephen Kalinoski, its director of pharmacy and registered pharmacist-in-charge, pleaded guilty to wire fraud conspiracy in connection with their operation of the now-defunct Tinton Falls, New Jersey-based medical drug re-packager and compounding pharmacy. The pleas were entered before United States District Judge I. Leo Glasser.
July 13, 2017; U.S. Department of Justice
National Health Care Fraud Takedown Results in Charges Against Over 412 Individuals Responsible for $1.3 Billion in Fraud Losses
Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists.
July 13, 2017; U.S. Attorney; Northern District of New York Medicare Fraud Strike Force Case
Kinderhook Podiatrist Pleads Guilty to Health Care Fraud, Pays $410,000 to Resolve False Claims Act Liability
ALBANY, NEW YORK – Podiatrist Perrin D. Edwards, age 64, of Kinderhook, New York, pled guilty on Tuesday to health care fraud for illegally charging Medicare and private insurance companies for services that he never provided. Edwards has also paid $410,000 to the United States to resolve his civil liability for his submission of false claims for payment to the Medicare.
July 13, 2017; U.S. Attorney; Northern District of Illinois Medicare Fraud Strike Force Case
National Healthcare Fraud Takedown Results in Charges Against More Than 400 Individuals, Including Several Chicago-Area Medical Professionals
CHICAGO – Several Chicago-area medical professionals, including two licensed physicians, are facing federal criminal charges as part of the largest health care fraud enforcement action in Department of Justice history, federal authorities announced today.
July 13, 2017; U.S. Attorney; Southern District of Florida Medicare Fraud Strike Force Case
Seventy-Seven Charged in Southern District of Florida as Part of Largest Health Care Fraud Action in Department of Justice History
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health & Human Services, Miami Regional Office, Office of Inspector General (HHS-OIG); and Pam Bondi, Florida Attorney General; announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. In the Southern District of Florida a total of 77 defendants were charged with offenses relating to their participation in various fraud schemes involving over $141 million in false billings for services including home health care, mental health services and pharmacy fraud.
July 13, 2017; U.S. Attorney; Central District of California Medicare Fraud Strike Force Case
As Part of National Health Care Fraud Takedown, Federal Prosecutors in Los Angeles Charge 14 Defendants in Fraud Schemes that Allegedly Cost Public Healthcare Programs nearly $150 Million
LOS ANGELES – In the largest-ever health care fraud enforcement action by federal prosecutors, 14 defendants – including doctors, nurses and other licensed medical professionals – have been charged in the Central District of California for allegedly participating in health care fraud schemes that caused approximately $147 million in losses.
July 13, 2017; U.S. Attorney; Eastern District of Arkansas Medicare Fraud Strike Force Case
Twenty-Four Charged in Arkansas as Part of Largest Nationwide Health Care Fraud Enforcement Action in Department of Justice History
WASHINGTON-Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts-including the Eastern District of Arkansas. Among the defendants were 115 doctors, nurses and other licensed medical professionals, all alleged to have participated in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists.
July 13, 2017; U.S. Attorney; Northern District of Alabama Medicare Fraud Strike Force Case
U.S. Attorney Charges NW Alabama Compounding Pharmacy Sales Representatives in Prescription Fraud Conspiracy
BIRMINGHAM – The U.S. Attorney’s Office on Wednesday charged two sales representatives for a Haleyville, Ala.,-based compounding pharmacy for participating in a conspiracy to generate prescriptions and defraud health care insurers and prescription drug administrators out of tens of millions of dollars in 2015.
July 13, 2017; U.S. Attorney; Eastern District of Virginia Medicare Fraud Strike Force Case
Woman Indicted on Medicaid Fraud and Identity Theft Charges
RICHMOND, Va. – As part of the largest ever health care fraud enforcement action in Department of Justice History, a Richmond woman has been charged with healthcare fraud, aggravated identity theft, and making a false statement to federal agents.
July 13, 2017; U.S. Attorney; Middle District of Louisiana Medicare Fraud Strike Force Case
Baton Rouge-Based Medicare Fraud Strike Force Announces Charges Against Four More Individuals For Health Care Fraud And Related Offenses
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today the unsealing of two federal grand jury indictments charging four individuals with health care fraud and related offenses. The cases were unsealed as part of the 2017 National Health Care Fraud Takedown, during which federal, state, and local law enforcement partners announced charges of more than 400 defendants across 41 different federal judicial districts.
July 13, 2014; U.S. Attorney; Southern District of Ohio Medicare Fraud Strike Force Case
National Health Care Fraud Takedown Includes Two Central Ohio Companies and Owners Charged with False Billing
COLUMBUS, Ohio – A federal grand jury has returned separate indictments charging two central Ohio health care companies and the people who own them with health care fraud. One company allegedly billed government insurance programs for unnecessary medical procedures and the other is accused of billing government insurance programs for pain and scar creams that recipients said they never requested or wanted.
July 13, 2017; U.S. Attorney; Northern District of California Medicare Fraud Strike Force Case
Charges Filed Against Northern California Physician For Unlawfully Dispensing Oxycodone
SAN FRANCISCO – Christopher Owens, a physician licensed to practice in California, was indicted on Tuesday with unlawfully prescribing oxycodone, announced U.S. Attorney Brian J. Stretch and Drug Enforcement Administration Special Agent in Charge John J. Martin. The indictment alleges that between September of 2012 and June of 2015, Owens, 50, now of Indianapolis, IN, intended to act outside the course of usual professional practice and without a legitimate medical purpose when he prescribed oxycodone on numerous occasions. In sum, Owens is charged with 36 counts of distributing oxycodone, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).
July 13, 2017; U.S. Department of Justice
Miami-Based Physician Pleads Guilty for Role in Pain Pill Diversion and Medicare Fraud Scheme
A licensed physician in Miami pleaded guilty in federal court yesterday for his role in a multi-faceted $4.8 million health care fraud scheme that ran from April 2011 to February 2017, involving the submission of false and fraudulent claims to Medicare and the illegal prescribing of Schedule II (e.g., oxycodone and hydrocodone) and Schedule IV (e.g., alprazolam) controlled substances.
July 12, 2017; U.S. Attorney; Southern District of Texas
Two Men Indicted in Medicare Fraud Scheme in Rio Grande Valley
McALLEN, Texas – A former laboratory technician at a medical clinic in Mission and an account representative for a toxicology testing company have been indicted in connection with a scheme to defraud Medicare, announced Acting U.S. Attorney Abe Martinez.
July 11, 2017; U.S. Attorney; Northern District of Texas
Woman Indicted for Running Health Care Fraud Scheme from Prison
DALLAS – Alexis C. Norman, 46, of Midlothian, Texas has been indicted on felony offenses stemming from a health care fraud conspiracy she ran from prison that involved the submission of more than $810,000 in false claims to Medicaid, announced U.S. Attorney John Parker of the Northern District of Texas.
July 11, 2017; U.S. Attorney; District of Connecticut
Drug Company Sales Rep Admits Role in Kickback Scheme Related to Fentanyl Spray Prescriptions
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that NATALIE LEVINE, 33, of Scottsdale, Arizona, waived her right to be indicted and pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to one count of engaging in a kickback scheme that defrauded federal healthcare programs.
July 10, 2017; U.S. Attorney; Southern District of New York
Brooklyn Pharmacy Owner/Operator Charged With Defrauding Medicare And Medicaid Programs Of Approximately $9 Million
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the New York Office of the Federal Bureau of Investigation (“FBI”), Scott J. Lampert, Special Agent in Charge of the New York Regional Office for the Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), and Dennis Rosen, Inspector General of the New York State Office of the Medicaid Inspector General (“OMIG”), announced today the unsealing of a criminal Complaint charging defendant SUNITA KUMAR with operating a health care fraud scheme utilizing two pharmacies in Brooklyn, New York, through which KUMAR submitted approximately $9 million in fraudulent claims to Medicaid and Medicare. KUMAR was arrested this morning and was presented in Manhattan federal court today before U.S. Magistrate Judge Andrew J. Peck.
July 7, 2017; U.S. Attorney; Eastern District of California
Wal-Mart Pays $1.65M to Settle False Claims Act Allegations of Improper Medi Cal Billings
SACRAMENTO, Calif. – Wal-Mart Stores Inc. has paid $1.65 million to resolve allegations that it violated the federal False Claims Act when it knowingly submitted claims for reimbursement to California’s Medi Cal program that were not supported by applicable diagnosis and documentation requirements, U.S. Attorney Phillip A. Talbert announced today.
July 6, 2017; U.S. Attorney; Northern District of Georgia
Hospice to pay $2.4 Million to resolve False Claims Act Allegations
ATLANTA – Compassionate Care Hospice Group, Inc., (“CCH Group”) has agreed to pay $2.4 million to resolve allegations that CCH Group and its subsidiary Compassionate Care Hospice of Atlanta, LLC, (“CCH Atlanta”) submitted or caused the submission of false claims to Medicare and Medicaid by engaging in improper financial relationships with contracted physicians. CCH Group is a Florida corporation with its principal place of business in Parsippany, New Jersey, and subsidiaries and affiliates in numerous states.
July 6, 2017; U.S. Attorney; District of New Jersey
Hospice Company To Pay $2 Million To Resolve Alleged False Claims Related To Unnecessary Hospice Care
NEWARK, N.J. – A hospice company in Bensalem, Pennsylvania, has agreed to pay to the United States $2 million to resolve allegations that it provided unnecessary hospice services, Acting U.S. Attorney William E. Fitzpatrick announced today.
July 6, 2017; U.S. Attorney; Eastern District of Pennsylvania
Defunct Philly Hospice’s Owners/Operators to Pay Millions to Settle Civil False Claims Suit
PHILADELPHIA – Acting United States Attorney Louis D. Lappen announced today that Matthew Kolodesh, Alex Pugman, Svetlana Ganetsky, and Malvina Yakobashvili have agreed to pay millions of dollars to settle False Claims Act allegations that they and their now-defunct company, Home Care Hospice, Inc. (HCH), falsely claimed and received taxpayer dollars for hospice services that were either unnecessary or never provided. Previously, a federal jury found Kolodesh guilty on, and Pugman and Ganetsky pleaded guilty to, related criminal charges.
July 5, 2017; U.S. Attorney; Eastern District of Missouri
U.S. Reaches $8.3 Million Civil Settlement with Reliant Care Group and Reliant Affiliated Entities
St. Louis, Missouri: The United States Attorney’s Office for the Eastern District of Missouri announced today that the United States, Reliant Care Group, Reliant Care Management Company, Reliant Care Rehabilitative Services, and a number of Reliant affiliated skilled nursing facilities (Reliant) reached a civil settlement that will resolve the United States’ claims against Reliant under the False Claims Act for knowingly submitting false claims to Medicare for providing unnecessary physical, speech, and occupational therapy to nursing home residents.

Of course, Chicago only had one indictment, but it was the wort one ever:

July 13, 2017; U.S. Attorney; Northern District of Illinois Medicare Fraud Strike Force CaseNational Healthcare Fraud Takedown Results in Charges Against More Than 400 Individuals, Including Several Chicago-Area Medical Professionals
CHICAGO – Several Chicago-area medical professionals, including two licensed physicians, are facing federal criminal charges as part of the largest health care fraud enforcement action in Department of Justice history, federal authorities announced today.

From DOJ/HHS–$1.3 billion and 400+ involved in massive Health Care Fraud Scheme by Tricare

https://www.justice.gov/opa/pr/national-health-care-fraud-takedown-results-charges-against-over-412-individuals-responsible

Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists.

Attorney General Sessions and Secretary Price were joined in the announcement by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Director Andrew McCabe of the FBI, Acting Administrator Chuck Rosenberg of the Drug Enforcement Administration (DEA), Inspector General Daniel Levinson of the HHS Office of Inspector General (OIG), Chief Don Fort of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Deputy Director Kelly P. Mayo of the Defense Criminal Investigative Service (DCIS).

Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG.  In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.

The charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 91 Americans die every day of an opioid related overdose.   

“Too many trusted medical professionals like doctors, nurses, and pharmacists have chosen to violate their oaths and put greed ahead of their patients,” said Attorney General Sessions. “Amazingly, some have made their practices into multimillion dollar criminal enterprises. They seem oblivious to the disastrous consequences of their greed. Their actions not only enrich themselves often at the expense of taxpayers but also feed addictions and cause addictions to start. The consequences are real: emergency rooms, jail cells, futures lost, and graveyards.  While today is a historic day, the Department’s work is not finished. In fact, it is just beginning. We will continue to find, arrest, prosecute, convict, and incarcerate fraudsters and drug dealers wherever they are.”

“Healthcare fraud is not only a criminal act that costs billions of taxpayer dollars – it is an affront to all Americans who rely on our national healthcare programs for access to critical healthcare services and a violation of trust,” said Secretary Price. “The United States is home to the world’s best medical professionals, but their ability to provide affordable, high-quality care to their patients is jeopardized every time a criminal commits healthcare fraud. That is why this Administration is committed to bringing these criminals to justice, as President Trump demonstrated in his 2017 budget request calling for a new $70 million investment in the Health Care Fraud and Abuse Control Program. The historic results of this year’s national takedown represent significant progress toward protecting the integrity and sustainability of Medicare and Medicaid, which we will continue to build upon in the years to come.”

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims.  Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.

“This week, thanks to the work of dedicated investigators and analysts, we arrested once-trusted doctors, pharmacists and other medical professionals who were corrupted by greed,” said Acting Director McCabe. “The FBI is committed to working with our partners on the front lines of the fight against heath care fraud to stop those who steal from the government and deceive the American public.”

“Health care fraud is a reprehensible crime.  It not only represents a theft from taxpayers who fund these vital programs, but impacts the millions of Americans who rely on Medicare and Medicaid,” said Inspector General Levinson. “In the worst fraud cases, greed overpowers care, putting patients’ health at risk. OIG will continue to play a vital leadership role in the Medicare Fraud Strike Force to track down those who abuse important federal health care programs.”

“Our enforcement actions underscore the commitment of the Defense Criminal Investigative Service and our partners to vigorously investigate fraud perpetrated against the DoD’s TRICARE Program. We will continue to relentlessly investigate health care fraud, ensure the taxpayers’ health care dollars are properly spent, and endeavor to guarantee our service members, military retirees, and their dependents receive the high standard of care they deserve,” advised Deputy Director Mayo.

Last year, an estimated 59,000 Americans died from a drug overdose, many linked to the misuse of prescription drugs. This is, quite simply, an epidemic,” said Acting Administrator Rosenberg. “There is a great responsibility that goes along with handling controlled prescription drugs, and DEA and its partners remain absolutely committed to fighting the opioid epidemic using all the tools at our disposal.”

“Every defendant in today’s announcement shares one common trait – greed,” said Chief Fort. “The desire for money and material items drove these individuals to perpetrate crimes against our healthcare system and prey upon many of the vulnerable in our society.  Thanks to the financial expertise and diligence of IRS-CI special agents, who worked side-by-side with other federal, state and local law enforcement officers to uncover these schemes, these criminals are off the street and will now face the consequences of their actions.”

The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

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For the Strike Force locations, in the Southern District of Florida, a total of 77 defendants were charged with offenses relating to their participation in various fraud schemes involving over $141 million in false billings for services including home health care, mental health services and pharmacy fraud.  In one case, the owner and operator of a purported addiction treatment center and home for recovering addicts and one other individual were charged in a scheme involving the submission of over $58 million in fraudulent medical insurance claims for purported drug treatment services. The allegations include actively recruiting addicted patients to move to South Florida so that the co-conspirators could bill insurance companies for fraudulent treatment and testing, in return for which, the co-conspirators offered kickbacks to patients in the form of gift cards, free airline travel, trips to casinos and strip clubs, and drugs.

In the Eastern District of Michigan, 32 defendants face charges for their alleged roles in fraud, kickback, money laundering and drug diversion schemes involving approximately $218 million in false claims for services that were medically unnecessary or never rendered. In one case, nine defendants, including six physicians, were charged with prescribing medically unnecessary controlled substances, some of which were sold on the street, and billing Medicare for $164 million in facet joint injections, drug testing, and other procedures that were medically unnecessary and/or not provided.

In the Southern District of Texas, 26 individuals were charged in cases involving over $66 million in alleged fraud. Among these defendants are a physician and a clinic owner who were indicted on one count of conspiracy to distribute and dispense controlled substances and three substantive counts of distribution of controlled substances in connection with a purported pain management clinic that is alleged to have been the highest prescribing hydrocodone clinic in Houston, where approximately 60-70 people were seen daily, and were issued medically unnecessary prescriptions for hydrocodone in exchange for approximately $300 cash per visit.

In the Central District of California, 17 defendants were charged for their roles in schemes to defraud Medicare out of approximately $147 million. Two of these defendants were indicted for their alleged involvement in a $41.5 million scheme to defraud Medicare and a private insurer. This was purportedly done by submitting fraudulent claims, and receiving payments for, prescription drugs that were not filled by the pharmacy nor given to patients.

In the Northern District of Illinois, 15 individuals were charged in cases related to six different schemes concerning home health care services and physical therapy fraud, kickbacks, and mail and wire fraud.  These schemes involved allegedly over $12.7 million in fraudulent billing. One case allegedly involved $7 million in fraudulent billing to Medicare for home health services that were not necessary nor rendered.

In the Middle District of Florida, 10 individuals were charged with participating in a variety of schemes involving almost $14 million in fraudulent billing.  In one case, three defendants were charged in a $4 million scheme to defraud the TRICARE program.  In that case, it is alleged that a defendant falsely represented himself to be a retired Lieutenant Commander of the United States Navy Submarine Service. It is alleged that he did so in order to gain the trust and personal identifying information from TRICARE beneficiaries, many of whom were members and veterans of the armed forces, for use in the scheme.

In the Eastern District of New York, ten individuals were charged with participating in a variety of schemes including kickbacks, services not rendered, and money laundering involving over $151 million in fraudulent billings to Medicare and Medicaid. Approximately $100 million of those fraudulent billings were allegedly part of a scheme in which five health care professionals paid illegal kickbacks in exchange for patient referrals to their own clinics.

In the Southern Louisiana Strike Force, operating in the Middle and Eastern Districts of Louisiana as well as the Southern District of Mississippi, seven defendants were charged in connection with health care fraud, wire fraud, and kickback schemes involving more than $207 million in fraudulent billing. One case involved a pharmacist who was charged with submitting and causing the submission of $192 million in false and fraudulent claims to TRICARE and other health care benefit programs for dispensing compounded medications that were not medically necessary and often based on prescriptions induced by illegal kickback payments.

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In addition to the Strike Force locations, today’s enforcement actions include cases and investigations brought by an additional 31 U.S. Attorney’s Offices, including the execution of search warrants in investigations conducted by the Eastern District of California and the Northern District of Ohio.

In the Northern and Southern Districts of Alabama, three defendants were charged for their roles in two health care fraud schemes involving pharmacy fraud and drug diversion.

In the Eastern District of Arkansas, 24 defendants were charged for their roles in three drug diversion schemes that were all investigated by the DEA.

In the Northern and Southern Districts of California, four defendants, including a physician, were charged for their roles in a drug diversion scheme and a health care fraud scheme involving kickbacks.

In the District of Connecticut, three defendants were charged in two health care fraud schemes, including a scheme involving two physicians who fraudulently billed Medicaid for services that were not rendered and for the provision of oxycodone with knowledge that the prescriptions were not medically necessary.

In the Northern and Southern Districts of Georgia, three defendants were charged in two health care fraud schemes involving nearly $1.5 million in fraudulent billing.

In the Southern District of Illinois, five defendants were charged in five separate schemes to defraud the Medicaid program.

In the Northern and Southern Districts of Indiana, at least five defendants were charged in various health care fraud schemes related to the unlawful distribution and dispensing of controlled substances, kickbacks, and services not rendered.

In the Southern District of Iowa, five defendants were charged in two schemes involving the distribution of opioids.

In the Western District of Kentucky, 11 defendants were charged with defrauding the Medicaid program.  In one case, four defendants, including three medical professionals, were charged with distributing controlled substances and fraudulently billing the Medicaid program.

In the District of Maine, an office manager was charged with embezzling funds from a medical office.

In the Eastern and Western Districts of Missouri, 16 defendants were charged in schemes involving over $16 million in claims, including 10 defendants charged as part of a scheme involving fraudulent lab testing.

In the District of Nebraska, a dentist was charged with defrauding the Medicaid program.

In the District of Nevada, two defendants, including a physician, were charged in a scheme involving false hospice claims.

In the Northern, Southern, and Western Districts of New York, five defendants, including two physicians and two pharmacists, were charged in schemes involving drug diversion and pharmacy fraud.

In the Southern District of Ohio, five defendants, including four physicians, were charged in connection with schemes involving $12 million in claims to the Medicaid program.

In the District of Puerto Rico, 13 defendants, including three physicians and two pharmacists, were charged in four schemes involving drug diversion, Medicaid fraud, and the theft of funds from a health care program.

In the Eastern District of Tennessee, three defendants were charged in a scheme involving fraudulent billings and the distribution of opioids.

In the Eastern, Northern, and Western Districts of Texas, nine defendants were charged in schemes involving over $42 million in fraudulent billing, including a scheme involving false claims for compounded medications.

In the District of Utah, a nurse practitioner was charged in connection with fraudulently obtaining a controlled substance, tampering with a consumer product, and infecting over seven individuals with Hepatitis C.

In the Eastern District of Virginia, a defendant was charged in connection with a scheme involving identify theft and fraudulent billings to the Medicaid program.

In addition, in the states of Arizona, Arkansas, California, Delaware, Illinois, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, New York, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Washington and Wisconsin, 96 defendants have been charged in criminal and civil actions with defrauding the Medicaid program out of over $31 million. These cases were investigated by each state’s respective Medicaid Fraud Control Units. In addition, the Medicaid Fraud Control Units of the states of Alabama, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Nebraska, New York, North Carolina, Ohio, Texas, and Utah participated in the investigation of many of the federal cases discussed above.

The cases announced today are being prosecuted and investigated by U.S. Attorney’s Offices nationwide, along with Medicare Fraud Strike Force teams from the Criminal Division’s Fraud Section and from the U.S. Attorney’s Offices of the Southern District of Florida, Eastern District of Michigan, Eastern District of New York, Southern District of Texas, Central District of California, Eastern District of Louisiana, Northern District of Texas, Northern District of Illinois and the Middle District of Florida; and agents from the FBI, HHS-OIG, Drug Enforcement Administration, DCIS and state Medicaid Fraud Control Units.

A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty.

Additional documents related to this announcement will shortly be available here: https://www.justice.gov/opa/documents-and-resources-july-13-2017.

This operation also highlights the great work being done by the Department of Justice’s Civil Division.  In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2.5 billion in judgments and settlements related to matters alleging health care fraud.

From Joanne:

Walk into any nursing home and you will see patients in wheelchairs drugged and falling over in wheelchairs, never to see the light of day again.  90% of them (or more) just want to go home or live with their friends and relatives but the courts say no.  That, my friend, is the worst fraud on the public.  People that want to go home, are chained to wheel chairs and beds with illegal chemical restraints, and then drugged to death.  Opiods and other dangerous drugs are prescribed wildly by drive thru doctors in large quantities easy for others to swipe and for massive fraud to occur.

While other countries put their aged and disableds in small communities with home health care and prescribe vitamins, diet, yoga and light exercise (which are known to work), we drug ’em and put them in facilities where no one wants to be and they amount to nothing but slums and ghettos for the aged and disabled.

And if anyone, I mean anyone dares to complain publicly about this system and the court system that supports it, you WILL be called a liar, your blog will be called lies by the ARDC and “like crying fire in a crowded theater” and you will receive hefty discipline and lose your license  Not just attorneys like myself and Ken Ditkowsky, but nurses have complained to me about being blackballed for reporting elder/disabled abuse, and even social workers in hospital settings.

The greed and corruption of our health care system is out of control.

Prayers for those who have been murdered in probate abusive guardianships and their families:  Mary Sykes, Lydia Tyler, Rose Drabik, Helen Rector, Allen Frake,  Jay Brouckmeersch, Mary Jane Teichert, and those at risk:  Iwanna Lahoody and Amelia Sallas.

From Ken Ditkowsky:

Unfortunately the very same crap has been going on in Illinois, Florida, New York etc.
I am grateful for small favors!
Guardianships were like receiverships.  When I first passed the bar in the course of my practice I was involved in some foreclosures and disputed cases in which it was appropriate to appoint a receiver so as to protect the interests of all the litigants.    It did not take long to discover that the receiver was a political lackey whose tenure was a serious depreciation problem for all the litigants.    If the gross rental were x dollars, expect that x plus y dollars would be spent on rather obvious substandard maintenance upkeep and repairs.    Insurance would be purchased from a politically active firm at prices the exceed 100% of the cost of a STate Farm policy, and the receivers legal costs were sufficient to support an army of lawyers.   In simple words it was the same scam that you and so many experienced in the guardianship for profit scenario.    (Of course the judge receive a kickback!   – it took real persuasion on the part of all the lawyers to prevent that appointment of a receiver and the Judge was never certain that an impartial receiver would not be better than that owners themselves by agreement doing the management or their hiring a multi-billion dollar management company.    The incompetent receiver ******
As I see it the only distinction between today and then is the fact that we are seeing a minute enforcement effort right now.

From Dr. Sam Sugar–Massive Guardianship fraud uncovered in NM

Massive NM Indictments

 THIS IS WHY WE MUST CONTINNUE TO FIGHT

FOR IMMEDIATE RELEASE

JULY 19, 2017

GUARDIANSHIP FIRM AND ITS PRINCIPALS CHARGED WITH FEDERAL

CONSPIRACY, FRAUD, THEFT AND MONEY LAUNDERING OFFENSES

 

Twenty-Eight Count Indictment Alleges that Co-Founders of Ayudando Guardians,

Inc., Embezzled Millions from Client Accounts to Support Lavish Lifestyles

 

U.S. Marshals Service Assumes Control of Ayudando Guardians, Inc.,

to Ensure Continuity of Services for Special Needs Clients  

 

ALBUQUERQUE – Federal law enforcement officials today announced the filing of conspiracy, fraud, theft and money laundering charges against Ayudando Alpha, Inc., d/b/a “Ayudando Guardians, Inc.” (Ayudando), and its co-founders, Susan Harris, 70, and Sharon Moore, 62, both residents of Albuquerque, N.M.  The charges, which are contained in a 28-count indictment, arise out of an alleged decade-long sophisticated scheme to embezzle funds from client trust accounts managed by Ayudando, a non-profit corporation that provides guardianship, conservatorship and financial management services to hundreds of individuals with special needs.

 

According to the indictment, Ayudando – which means “helping” in Spanish – receives government benefit payments from the U.S. Department of Veterans Affairs (VA) and U.S. Social Security Administration (SSA) on behalf of many of its clients, and acts as a fiduciary or representative payee for these clients by paying their expenses and maintaining the balances for the benefit of the clients.  The indictment alleges that Harris and Moore, the primary owners and operators of Ayudando, have embezzled millions of dollars from their special needs clients to support lavish lifestyles for themselves and their families.

 

The charges against Ayudando, Harris and Moore are the result of an ongoing multi-agency investigation by the FBI, IRS Criminal Investigation, U.S. Marshals Service (USMS), VA Office of Inspector General and SSA Office of Inspector General.  This morning federal law enforcement agents arrested Harris and Moore.  Harris and Moore made their initial appearances in federal court in Albuquerque this morning.  They are scheduled to return to court at 9:30 a.m. tomorrowJuly 20, 2017, to be arraigned on the indictment and for detention hearings.

Federal authorities also enforced a federal court order that authorized the USMS’s Complex Assets Unit to assume control of Ayudando’s business operations.  The court order appoints the USMS as the Receiver and Monitor of Ayudando, including all its financial accounts.  The order authorizes the USMS to operate the business to ensure that its assets are not improperly spent or removed, and that the interests of Ayudando clients are protected as the prosecution of the criminal case goes forward.  The USMS’s operation of Ayudando will ensure continuity of services for Ayudando clients.

 

The charges against Ayudando, Harris and Moore were announced by Acting U.S. Attorney James D. Tierney, U.S. Marshal Conrad E. Candelaria, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, Special Agent in Charge Ismael Nevarez Jr., of the Phoenix Field Office of IRS Criminal Investigation, Special Agent in Charge Carl D. Scott of the Criminal Investigations Division of the VA’s Office of Inspector General, and Special Agent in Charge Robert Feldt of the Dallas Field Division of the SSA’s Office of the Inspector General.

 

In making the announcement, Acting U.S. Attorney James D. Tierney said, “This case is all about the victims.  The victims in this case relied upon Ayudando to manage their finances and meet their needs.  If the allegations in the indictment are true, the principals of Ayudando cruelly violated the trust of their clients and looted their benefits.  Federal law enforcement has now stepped in to ensure that the looting stops.  The U.S. Attorney’s Office and its partners will conduct this prosecution in a manner that provides for the continued receipt of benefits by Ayudando’s clients, while holding the principals of the company accountable for their conduct.”

 

“This morning the U.S. Marshals Service assumed control of Ayudando’s business operations to ensure that the victims of the crimes charged in the indictment, which include our disabled veterans, and other Ayudando clients will continue to receive the services they deserve and are entitled to,” said U.S. Marshal Conrad E. Candelaria.  “The U.S. Marshals Service also will continue to assist its law enforcement partners in the continuing investigation.”

 

“Many of our most vulnerable Americans, such as those with special needs, trust fiduciaries to handle their government benefits for them.  Unfortunately, there are plenty of criminals willing to steal what could be a person’s only source of income, using the money to support a lavish lifestyle,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division.  “The FBI, working with our law enforcement and government partners, is committed to bringing to justice those individuals whose greed destroys the lives and dreams of innocent people.”

 

“The indictment alleges that, instead of helping people with special needs, the defendants were greedy and helped themselves to their clients’ money,” said Special Agent in Charge Ismael Nevarez Jr., of the Phoenix Field Office of IRS Criminal Investigation. “IRS Criminal Investigation will always investigate individuals who misuse non-profit businesses and cause harm to those whose needs are supposed to be served by those businesses.”

 

“Professional fiduciaries who defraud vulnerable veterans are reprehensible,” said Special Agent in Charge Carl D. Scott of the Criminal Investigations Division of the VA Office of Inspector General.  “The VA OIG will continue to work with other law enforcement agencies to expose those who harm veterans or exploit VA benefits systems and bring them to justice.”

 

“The SSA OIG is committed to investigating cases of suspected representative payee fraud, which can involve the theft of government funds and harm some of our most vulnerable citizens,” said Special Agent in Charge Robert Feldt of the Dallas Field Division of the SSA Office of the Inspector General.  “We will continue to work with our law enforcement partners and the U.S. Attorney’s Office on this case.”

 

The 28-count indictment, which was filed under seal on July 11, 2017 and was unsealed and publicly posted earlier today, includes two conspiracy counts, ten counts of mail fraud, nine counts of aggravated identify theft and six counts of money laundering.  According to the indictment, from Nov. 2006, when Harris and Moore founded Ayudando, and continuing until July 2017, Ayudando, Harris and Moore embezzled millions of dollars from Ayudando client accounts to cover their personal expenses and support lavish lifestyles for themselves and their families.  The indictment alleges that Harris and Moore perpetuated the embezzlement scheme by:

 

·         Establishing Ayudando as a non-profit corporation in Nov. 2006, to position it as a guardian, conservator, fiduciary and representative payee for individuals needing assistance with their financial affairs;

·         Setting up client trust and company bank accounts which only they controlled;

·         Transferring funds from client accounts to Ayudando company accounts;

·         Using client funds to pay off more than $4 million in charges on a company credit card account used by Harris, Moore and their families for personal purposes;

·         Writing checks from Ayudando company accounts to themselves, cash and to cover personal expenses;

·         Replenishing depleted client accounts with funds taken from other clients;

·         Mailing fraudulent statements and certifications to the VA; and

·         Forging and submitting forged bank statements to the VA.

 

The indictment identifies some of the ways in which Harris and Moore used the money they allegedly stole from Ayudando clients.  For example, the indictment alleges that between June 2011 and March 2014, Harris wrote 12 checks in the total amount of $457,883 on the Ayudando client reimbursement account for personal purpose, including a $50,950 check made out to Mercedes Benz of Albuquerque and a $26,444 check made out to Myers RV Center.  It also alleges that between Jan. 2013 and Feb. 2017, Harris used an Ayudando company credit card to pay $140,790 to cover luxury vacations for herself and others, including cruises in the Caribbean isles and a “Final Four” basketball junket, while knowing that Moore would pay off the charges using client funds.

The mail fraud charges in the indictment describe some of the fraudulent documents allegedly mailed by Ayudando, Harris and Moore to the VA to perpetuate and conceal their embezzlement scheme.  For example, between Jan. 2016 and Nov. 2016, Moore allegedly mailed fraudulent documents to the VA that falsely represented the balances in ten client accounts.  According to the indictment, the documents falsely claimed that the ten client accounts had an aggregate balance of $1,906,908, when the actual value of the ten accounts was only $72,281.  The ten client accounts identified in the indictment are examples of the fraud allegedly perpetrated by the defendants as part of their embezzlement scheme.

 

According to the indictment, Ayudando, Harris and Moore also engaged in aggravated identify theft by using their clients’ names, dates of birth, Social Security Numbers and VA file numbers to commit mail fraud offenses.  Harris and Moore also allegedly committed money-laundering offenses by using $392,623 from the Ayudando client reimbursement account to pay off balances on a company credit card used by the defendants and their families for personal purposes.  The indictment includes forfeiture provisions that seek forfeiture to the United States of any proceeds and property involved in, or derived from, the defendants’ unlawful conduct.

 

If the defendants are convicted on the crimes charged in the indictment, they face the following maximum statutory penalties:

 

·         Count 1, conspiracy – 30 years of imprisonment and a $250,000 fine;

·         Counts 2-11, mail fraud – 30 years of imprisonment and a $250,000 fine;

·         Counts 12-21, aggravated identity theft – a mandatory two-years of imprisonment that must be served consecutive to any other sentence imposed on other counts and a $250,000 fine;

·         Counts 22-27, money laundering – ten years of imprisonment and a $250,000 fine  or twice the amount of the property involved in the crime; and

·         Count 28, conspiracy to commit money laundering – ten years of imprisonment and a $250,000 fine or twice the amount of the property involved in the crime.

 

The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation.  The Complex Assets Unit and the Albuquerque office of the USMS, the Criminal Investigations Division of the VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation.  Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.

Ayudando clients or family members of Ayudando clients who need to speak with someone about their accounts or expenses should call Ayudando, which is now being operated by the U.S. Marshals Service, at 505-332-4357.

 

Starting tomorrow, information about the federal investigation into Ayudando, including the indictment and the federal court order, will be available at www.justice.gov/usao-nm/ayudando-guardians.  Also starting tomorrow, Ayudando clients can direct their comments or concerns to the U.S. Attorney’s Office atUSANM.Ayudando@usdoj.gov or 505-346-6902.

 

Charges in indictment are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law

 

Americans Against Abusive Probate Guardianship

Phone: 855 913 5337
Fax: 954 613 5668
Email: drsam@aaapg.net

www.aaapg.net

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From EF – Speaking out against corruption re: Madigan, Burke,etc. It’s time for a change

**I give my permission to post this email on anti-corruption sites. 
 
Dear All,
 
I continue to report rampant  judicial corruption of ALL levels of Illinois Court system which  Democratic Party  Speaker Michael Madigan (father of IL AG Lisa Madigan) and Alderman Edward Burke (husband of IL Supreme Court Justice Anne Burke) flooded with their  cronies, under patronage of Chicago Board of Elections, who are perfectly aware WHO are judicial candidates they place on IL benches; and their close relationship with Madigan and/or Burke families.
 
Madigan/Burke cronies (about 80% ++ of all sitting judges in Cook County,  Appeal and Supreme Court) usually obtain judicial seats through IL Supreme assignments  and later purportedly get  “elected” (which is a farce  to mislead not-so-well-connected  lawyers  about their chances to be  judges in our Court  to collect from them millions of filing fees and donations ). Cronies who lost judicial election (regardless how many times) get to the Court through an Associate Judge Positions, like Thomas R. Mulroy, Jr.  and James E. Snyder, both of whom lost April 2008 judicial Elections and in August 2008 were Associate  Judges.  
 
After  those cronies obtain judicial seats,  they  start to mislead IL public about their options to find justice in IL Court to collect billions in filing fees; and hundreds of millions from IL budges to fund judicial paychecks and benefits, while  they  serve their  parties of interests, especially those who pay judges directly; and  fix cases in favor of  parties of interests:  banks, insurance  companies and corporations, all with total impunity. IL  judges are absolutely confident that Lisa Madigan and IL Judicial Inquiry Board will always cover and support their corruption.
 
On of text-book examples of judicial corruption in Cook County Court is Law Division Judge John C. Griffin who started to obstruct justice and lie to me from the bench from day one in my case, which he fixed in the most corrupt manner while concealed his personal connections with my Defendants from whom Griffin received election money (like CNA Insurance Company)  and my defendants’  lawyers, like Hinshaw&Culbertson LLP.
 
I have substantial  evidence  demonstrating that Judge John C. Griffin is a corrupt judge who makes decisions based on his personal interest, not the law.
Griffin obtained his position of public trust in an unethical manner and has personal connections with  defendants in my case which he concealed to defraud me.
 
Moreover, Judge Griffin repeatedly makes false statements from the bench that he does NOT know his election donors , one of whom was CNA insurance company   lawyer Anthony McMahon;  several top partners from Corboy&Demetrio, a well-connected law firm who regularly appears in Law Division ; other well-connected lawyers; insurance and real estate companies, whom Griffin claimed he “does not know”.  Griffin also insists that that he does not know that his law Firm and his family were his donors, which is a blatant lie.
 
Judge Griffin is did not earn his post by merit but through personal connections.  He first attained his seat at the judicial bench through assignment. 
 
The election that followed for him to keep his position was not free or fair. Griffin comes from a family of professionals with long-time ties to the Cook County court, including his father James L. Griffin, who was a judge; his aunt Helen Griffin, who worked for the Chief Judge for 25 years between about 1960-1985; and his uncle Joseph P. Griffin, who worked as a Treasurer Speaker Michael Madigan   and later served as a Commissioner of Court of Claims. I have absolutely no doubt that John C. Griffin’s 2008 appointment and election were procured through personal ties. Judge Griffin’s election donors are on public record. 
 
The records show that Griffin’s campaign employed vote buying from political organizations to obtain his judicial seat. For example, on September 21, 2009, Judge John C. Griffin’s Committee donated $500.00 to the Chicago Federation of Labor & Industrial Union Council PAC. The Union reciprocated the favor on June 16, 2010, by contributing $9,758.68 to Griffin’s campaign and giving him an official endorsement. It’s easy to guess that they reasonably expected a significant return on their money in the form of judicial favors from John C. Griffin.
 
On September 11, 2009, Griffin donated $1,000.00 to Local 399 Political Education Fund, who in return also endorsed Judge Griffin to the bench.
 
In addition, Judge Griffin donated $900.00 to Judicial Retention Committee in 2016 to keep his judicial seat despite Griffin’s highly adverse personal recordsa transaction that looks like a bribe rather than an altruistic donation to the organization.
 
In spite of these negative public records, John C. Griffin has been able to maintain his position as a judge due to his network of well-connected  cronies.
 
Below is my Motion to Reconsider Judge John C. Griffin’s Order where he denied my Petition to vacate his void Orders, with more details regarding case 14-L-3632, Fedorova v. Chicagoland Community Management, Inc.
 
I once again respectfully demand IL Judicial Inquiry Board and IL Board of Elections to  impeach  corrupt  judge John C. Griffin and stop supporting rampant  judicial corruption in our Court system and public offices.
 
Respectfully submitted,
Elena Fedorova, ProSe litigant
 
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
 
Elena Fedorova, ProSe                                               )
Plaintiff/Defendant in 14-CH-11573                           )           Case 14-L-3632         
                                                                                    )
vs.                                                                                 )           (Consolidated  Case 14-CH-11573)
Chicagoland Community Management, Inc. et.al       )          
Defendant/Plaintiff in 14-CH-11573
 
PLAINTIFF’S FEDOROVA’S  MOTION TO RECONSIDER
 
1.                  Plaintiff Fedorova files this Motion to reconsider Judge Griffin’s Order denying her Petitions for relief from the void orders and void judgments in purportedly consolidated cases 14-L-3632 and 14-CH-11573. [1] On May 24, 2017, Fedorova filed a Petition where she specifically stated Judge John C. Griffin’s lack of jurisdiction to rule in Cases 14-L-3632 and 14-CH-11573 given that both cases were pending in Appeal Court. Furthermore, Fedorova demanded redress from Griffin’s decisions, which were influenced by his personal connections with the cases’ Defendants.
2.                  On June 28, 2017, Judge Griffin denied Fedorova’s Petition. Ignoring the fact that he lacked jurisdiction in the cases, Griffin continued to obstruct justice and defraud Fedorova from the bench. He again made false statements about his personal relationship with Fedorova’s defendants and his election donors, one of whom was CNA Insurance Company lawyer Anthony McMahon whose job as CNA lawyer involved coverage for litigations [2] [3] . Ex. 1.  CNA/Continental Casualty Co. is a Defendant  in Fedorova’s case who covers  legal bills for several  other Fedorova’s Defendants.
3.                  Fedorova demands reconsideration of Judge Griffin’s decision since she found additional evidence demonstrating that Judge John C. Griffin is a corrupt judge who makes decisions based on his personal interest, not the law. Griffin obtained his position of public trust in an unethical manner and has personal connections with Fedorova’s defendants. For these reasons Griffin is unqualified to hear Fedorova’s case. To the present day he continues to use his professional position to rob Fedorova of honest services in the court. Fedorova has ample evidence that Judge John C. Griffin is not qualified to hear her case.  
4.                  Judge Griffin is did not earn his post by merit but through personal connections. He first attained his seat at the judicial bench through assignment. The election that followed for him to keep his position was not free or fair. Griffin comes from a family of professionals with ties to the Cook County court, including his father James L. Griffin, who was a judge; his aunt Helen Griffin, who worked for the Chief Judge for 25 years between about 1960-1985; and his uncle Joseph P. Griffin, who worked as a Treasurer Speaker Michael Madigan [4]  and later served as a Commissioner of Court of Claims. Fedorova has absolutely no doubt that John C. Griffin’s 2008 appointment and election were procured through personal ties. Griffin not only concealed his family connections when running for office but has vehemently denied to Fedorova that he knows his election donors. This is a lie.
5.                  Judge Griffin’s election donors are on public record. The records show that Griffin’s campaign employed vote buying from political organizations to obtain his judicial seat. For example, on September 21, 2009, Judge John C. Griffin’s Committee donated $500.00 to the Chicago Federation of Labor & Industrial Union Council PAC. The Union reciprocated the favor on June 16, 2010, by contributing $9,758.68 to Griffin’s campaign and giving him an official endorsement. It’s easy to guess that they reasonably expected a significant return on their money in the form of judicial favors from John C. Griffin. On September 11, 2009, Griffin donated $1,000.00 to Local 399 Political Education Fund, who in return also endorsed Judge Griffin to the bench. In addition, Judge Griffin donated $900.00 to Judicial Retention Committee in 2016 to keep his judicial seat despite Griffin’s highly adverse personal records [5] [6], a transaction that looks like a bribe rather than an altruistic donation to the organization. In spite of these negative public records, John C. Griffin has been able to maintain his position as a judge due to his network of cronies. To note, no ordinary citizens have ever contributed to Griffin’s election campaigns. This alone disqualifies Judge Griffin from the bench and yet he continues to be the arbiter in Fedorova’s cases while Griffin conceals information about receiving election donations from Fedorova’se defendants.
6.                  In Fedorova’s case Judge John C. Griffin has acted corruptly from day one. In October 2014, when Judge Griffin first oversaw the case, he immediately created obstacles that prevented Fedorova from having a fair hearing. These include but are not limited to: (1) Griffin prohibiting Fedorova from collecting any information from her Defendants which could advance her case, like documents or records of inside communication, which was Griffin’s immodest support for well-connected lawyers and their corporate clients; (2) he denied a Motion where Fedorova demanded disclosures about her Defendants’ lawyers’ personal connections with judges, even though Fedorova has reasonable suspicion that these ties existed when on October 1, 2014, Judge James P. Flannery Jr. passed his seat to Judge Thomas L. Hogan, who then unlawfully consolidated Fedorova’s claim with frivolous “defamation” case 14-CH-11573 filed by Chicagoland Community Management while concealed information about numerous donations from Fedorova’s defendant’s lawyers Hinshaw &Culbertson, LLP; and (3) told Fedorova that he “does not even remember who are [his] election donors”.
7.                  This last statement – that Judge Griffin “ does not even remember” his donors – was a blatant lie. The largest donor to Judge John C. Griffin’s campaign was himself, so it is absolutely impossible that he can “forget” the $31, 695.98 he contributed to himself. Furthermore, Fedorova believe that Judge Griffin lied that he does not remember that he received money from lawyer Anthony McMahon [7], who works for CNA/Continental Casualty Co., a defendant in Fedorova’s case; who covers for other defendants’ legal bills.
8.                  Judge Griffin’s malfeasance continued when on October 20, 2016, Defendants Kovitz Shifrin Nesbit P.C. informed Judge Griffin that they planned to file a Motion for a Temporary Restraining Order against Fedorova to preclude her from collecting any documents from them. The hearing was set for November 13, 2014. On November 12, 2014 in the afternoon Fedorova’s other Defendants’ Carl Sandburg Village Condo Association #1 (CSVCA#1) lawyer Newt Marshall emailed Fedorova identical Motion for TRO which was scheduled before Judge Griffin on November 19, 2014, or one day before Fedorova’s filing deadline, even though CSVCA#1 were aware of November 13thhearing in the morning and could easily present their Motion at the same time as KSN. Fedorova was already aware that Judge Griffin’s schedule is always filled at least two weeks in advance, so she had questions how her CSVCA#1  Defendants were able to secure a hearing for November 19th when it was requested with only 7 day notice. After the hearing on November 13th Fedorova went to the Clerk’s Office on 8th Floor to discover that Judge Griffin’s next available hearing date was November 26th. Under ordinary circumstances Defendants CSVCA#1 should not have been able to obtain the hearing on November 19th with Judge Griffin. These extraordinarily favorable circumstances for the Defendants created reasonable suspicion that they were able to schedule the hearing on short notice directly from Griffin’s chambers. Fedorova suspects this was a joint tactic between the Defendants and the Judge to disorient her by having hearings on short notice, giving her opponents the upper hand.
9.                  On November 19, 2014, Fedorova asked Judge Griffin how her defendants managed to secure a hearing on short notice when his calendar was already filled two weeks in advance. Judge Griffin instantly dismissed Fedorova’s inquiry telling her that he “does not know” how CSVCA#1 got the hearing for 19th. Griffin’s harried reply supported Fedorova’s suspicion that her Defendants are engaged in ExParte communication with Judge Griffin, who placed their Motion on his calendar from the chambers, not from the Clerk.
10.              Griffin continued to act in violation of the law when he ruled in both cases, 14-L-3632 and 14-CH-11573, after Fedorova filed her Notice of Appeal on November 17, 2014, of which Griffin was perfectly aware. Nonetheless, he ordered Fedorova to file a Fourth Amended Complaint in BOTH consolidated cases, even though at that point it should have been the First Consolidated Complaint, and demanded to Answer Case 14-CH-11573 after Fedorova appealed its consolidation with her claim. Such demands from Griffin were made with the intent to sabotage Pro Se Fedorova’s ability to meet his requirements and discourage her from pursuing justice in the case.
11.              On July 17, 2015, Judge John C. Griffin, acting without jurisdiction, ruled in favor of Fedorova’s Defendants in violation of all applicable laws and binding precedents.
12.              Fedorova filed a Petition where she demanded to reconsider Griffin’s decision. On January 20, 2016, Fedorova appeared before Judge Griffin to contest his void orders. During this hearing a court reporter was present. Nearly all of the Defendants were absent, except Continental Casualty insurance Company and Dickler Khan Slowikowski & Zavell Ltd.. This again supported Fedorova’s intuition that Judge Griffin had ExParte communication with her Defendants and informed them about the court reporter present, encouraging them not to attend in order avoid being on official record for this particular hearing. Griffin denied Fedorova’s Petition without any explanations or applicable laws in support, even though many of her defendants had not even showed up to this hearing; and all absent defendants were purportedly represented by ONE lawyer, Paul Sheldon, who was representing insurance Company who covered other defendants’ lawyers legal bills, which was a glaring conflict of interests.
13.              More recently Fedorova has discovered additional evidence that Judge Griffin has multiple personal connections with her defendants’ lawyers, especially with Hinshaw & Culbertson LLP and its partner, Peter Sullivan. Hinshaw & Culbertson LLP represent Chicagoland Community Management in Fedorova’s case.
14.              Fedorova has reason to believe that Judge Griffin’s father, Judge James L. Griffin, and Peter Sullivan’s father, Harold Sullivan, were close friends in their personal and professional circles. Fedorova also believes that Judge Griffin is a relative of lawyer Joseph W. Griffin who was a top partner to Hinshaw & Culbertson LLP. Here again Fedorova sees enough evidence to support Griffin’s recusal from her case for conflict of interest, which Griffin refuses to do.
15.              Furthermore, Judge John C. Griffin failed to disclose his personal connections with his Judge Daniel J. Pierce, who was a major donor to Griffin’s election campaign. Pierce was the first judge in case 14-L-3632 (former 12-L7111) and acted highly prejudiced against ProSe Fedorova when she appeared before him in the court. 
16.              Given Griffin’s unlawful behavior and personal connections, Fedorova is absolutely confident that Judge Griffin fixed her case 14-L-3632 in exchange for monetary compensation commonly known as a bribe, defrauding her of honest services to have her case heard by an unbiased judge.
17.              Fraud upon the court’ is a basis for equitable relief.  Luttrell v. United States, 644 F.2d 1274, 1276 (9th Cir. 1980); see Abatti v. C.I.R., 859 F.2d 115, 118 (9th Cir. 1988)[8]   “It is beyond question that a [.] court may investigate a question as to whether there was fraud in the procurement of a judgment”. Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575 , 66 S.Ct. 1176, 90 L.Ed. 1447.   The power [of the Court] to unearth such a fraud is the power to unearth it effectively. See Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 , 64 S.Ct. 997, 88 L.Ed. 1250; Sprague v. Ticonic National Bank, 307 U.S. 161 , 59 S.Ct. 777, 83 L.Ed. 1184; and United States v. Throckmorton, 98 U.S. (8 Otto) 61, 25 L.Ed. 93.
15.       Rule 5/2-1401 does not limit a court’s power to redress fraud on the court. The term “fraud on the court” is a nebulous concept. A clear example is the corruption of judicial officersRoot Refining Co. v. Universal Oil Pros Co., 3 Cir., 169 F.2d 514 , 534, cert. denied sub nom. Universal Oil Pros v. William Whitman Co., 335 U.S. 912, 69 S.Ct. 481, 93 L.Ed. 444. [9]
16.       All orders rendered on the basis of those void orders also must be declared void .
17.       Judge Griffin committed fraud upon the Court, acted corrupt and in excess of his subject/matter jurisdiction when he (1) deprived ProSe Fedorova from Due Process and Equal Protection rights [10]; (2) accepted and favorably ruled on defendants’ legally insufficient as a matter of law Motions filed by licensed lawyers without Sworn Affidavits, in violation of 5/1-109; 5/2-605; 5/2-615; 5/2-619; IL S. Ct.R. 191; and F.R. 47 [11](3) ruled on purportedly consolidated cases 14- CH-11573 and 14-L-3632, while case 14-CH-11573 was in Appeal Court [12]; (4) acted partially in favor of his parties of interests; (5) applied double standards of review on ProSe Fedorova vis-à-vis licensed lawyers, for the identical claims; (6) mislead Fedorova about his election donors and his personal interests in defendants and their lawyers; (7) refused to reverse his Opinions and disqualify himself. When a judge acts as a trespasser of the law or does not follow the law, the judge loses subject-matter jurisdiction and the judges’ orders are void, of no legal force or effect.
18       T he trial court’s discretion is not unlimited. “Abuse occurs when a material factor deserving significant weight is ignored, when an improper factor is relied upon, or when all proper and no improper factors are assessed, but the court makes a serious mistake in weighing them.” Independent Oil and Chemical Workers of Quincy, Inc. v. Procter & Gamble Mfg. Co., 864 F.2d 927, 929 (1st Cir. 1988); see also Anderson v. Cryovac, Inc., 862 F.2d 910, 923 (1st Cir. 1988) (to warrant reversal for abuse of discretion, it must “plainly appear[ ] that the court below committed a meaningful error in judgment”). [13] A judge receiving a bribe from an interested party over which he is presiding, does not give the appearance of justice .
19.       Fedorova has proper material evidence that Judges Flannery and Griffin, with aid from ex-Judge Thomas L. Hogan, fixed cases 14-L-3632 Fedorova vs. CCM, et.al and 14-CH-11573 CCM v. Fedorova in favor of corporate defendants, all of whom belong to the sphere of these judges’ personal interests. Fedorova strongly believes that Judges Flannery, Griffin, and Hogan received indirect (election donations or promises for donations) and direct compensation for their favorable decisions for defendants in my case. In other words: they accepted bribes. A breadth of evidence backs Fedorova’s suspicions: public election records; the judge’s incessant deception; unjustified lenience to the defendants’ lawyers; acceptance of legally insufficient motions from defendants’ lawyers; extreme bias against Fedorova  as ProSe [14];  the defendants’ own claims that they have spent a “substantial amounts of money” to dismiss Fedorova’s  case; and judge Hogan’s rapid retirement from the bench after Fedorova’s complaint to FBI.
20.       Fedorova diligently pursued her legal options of vacate void order on consolidation of cases 14-CH-11573 with 14-L-3632 and void judgement entered by Judge Griffin on July 17, 2015 and November 5, 2015, in violation of all applicable laws, including §2-615 and §2-619. [15]
21.       Judges Flannery and Griffin acted from their position of power, repeatedly abused their discretion, acted corrupt and bias against Fedorova, applied double standards; refused to comply with the law or follow due process and equal protection clauses; deprived Fedorova from honest judicial services; fraudulently concealed and/or misled Fedorova about their personal conflicts of interests with defendants; readily accepted legally deficient motions filed by licensed lawyers; and customary ruled in favor of their preferred parties, in disregard of lawyers’ fatal deficiencies in pleadings and defendants’ false and contradicting statements.
22.       Judge Griffin refused to recuse himself despite his flagrant conflicts of interests with Fedorova; and continued to rule in favor of defendants, in the most corrupt and prejudice manner. Defendants were perfectly aware of his decision on November 5, 2015 and came to the hearing with a fully preprinted favorable verdict.
23.       In 1994, the U.S. Supreme Court held that “Disqualification is required if an objective observer would entertain reasonable questions about the judge’s impartiality. If a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.” [Emphasis added]. Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994). [16]  That Court also stated that Section 455(a) “requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned.” [17] Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law,then the judge has given another example of his “appearance of partiality” which further disqualifies the judge. Should another judge not accept the disqualification of the judge, then the second judge has evidenced an “appearance of partiality” and has possibly disqualified himself/herself.
24.       None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect.
25.       Should a judge not disqualify himself, then the judge is in violation of the Due Process Clause of the U.S. Constitution. U.S. v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) (“The right to a tribunal free from bias or prejudice is based, not on Sec.144, but on the Due Process Clause.”).
26.       The Court specifically emphasized that when litigants rights under the due process clause of both the Illinois and United States Constitutions (US Const., amend. XIV; Ill. Const.1970, art.  I, §2) were violated by the trial court’s actions and”where an error that occurs during a [.] trial impinges upon the integrity of our judicial systemreversal is required “regardless of the weight of the other evidence.” People v. Thomas, 123 Ill.App.3d 857, 867,79 Ill.Dec. 278, 463 N.E.2d 832 (1984); People v. Baynes, 88 Ill.2d 225, 244, 58 Ill.Dec. 819, 430 N.E.2d 1070 (1981).
27.       Judge Griffin’s repetitive refusals to recuse himself from case 14-L-3632 after he had been automatically disqualified by law due to his bias and partiality, constitute judge Griffin’s lack of subject/matter jurisdiction, war against the Constitution, treason and anarchy.
28.       It supports Fedorova’s argument that judge Griffin’s favorable verdicts were procured by fraud upon the Court, corruption and undue influence, commonly known as a bribe.
29.       Fedorova was out of remedy and her only choice was to proceed with Sec. 5/2-1401 Petition to vacate void judgements; and remove bias judge Griffin from case 14-L-3632.
30.       Double standards in the court for judges’ Flannery and Griffin favored litigants are the norm in Fedorova’s case. As mentioned before, Judge Griffin applied the same law differently to the two parties before him when presiding over her case.
31.       After 75 days of intensive search, on July 17, 2015, Griffin dismissed with prejudice Fedorova’s Complaint in case 14-L-3632 (consolidated with 14-CH-11573, both were in Appeal during all this time), in the most bias and discriminatory manner. Judge Griffin advised Fedorova that she cannot expect equal treatment under the law and be fairly heard in his Court because she does not have a lawyer. In other words, Judge Griffin informed Fedorova that if her pleadings had been drafted by a lawyer, the same law would have been applied differently.
32.       Fedorova’s case is not a fluke. Judge Griffin regularly applies the law with double standards [18]. In case 14-L12093 Hesser v. Riviera HOA, Kovitz Shifrin Nesbit P.C., a case similar to Fedorova, but filed by three licensed lawyers, Judge Griffin applied the same law absolutely differently.(Ex.4)  In the case filed by lawyers, Griffin immediately recalled that section 2-603 (c) that requires pleadings to be liberally construed to do substantial justice between the parties. In 14-L-3632 case filed by a ProSe, Griffin solely relied on 2-603 (a) and (b) in which he applied the most adverse options for Fedorova’s pleadings. For the lawyers Judge Griffin also recalled that §2-615 standard for review must be done in the light most favorable for the plaintiff. See also Chicago Association of Realtors [19] and Virginia Downs v. Geller [20], Case 12-L-10003 [21] CAR filed a questionable defamation case, similar to 14-CH-11573 CCM v. Fedorova, which supports Fedorova’s argument that Judge Griffin’s assignment was not an accidental.
33.       Griffin’s standard for review in ProSe Fedorova case was totally opposite. According to Griffin, Fedorova was unable to prove any sets of facts that on October 2011 defendants conspired to collect unlawful debt of $3,614.35 originally fabricated in 2006 at the amount $1,481.12, after the HOA collected $900.00 in consecutive monthly rent for 5 years. In Hesser, Griffin found that the KSN lawyers owed duties to the plaintiff and breached their HOA’s declaration when they engaged in conspiracy with the Board to commit fraud against Hesser. Identical claims in Fedorova’s case were dismissed by Griffin with prejudice in a corrupt manner.   Fedorova’s  FDCPA claim against KSN was ignored in its entirety.
34.       Clearly, Griffin acts with extreme bias against ProSe litigants, with whom he prefers to act under the color of the law; and favors pleadings prepared by politically connected lawyers [22].
35.       Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. [23]   Fedorova states that Judge Griffin’s decision must be reversed as originally void due to his partiality, trespasses of the law and application of double standards for review . [24]   When a judge acts as a trespasser of the law or does not follow the law, the judge loses subject-matter jurisdiction and the judges’ orders are void, of no legal force or effect.     Judge Griffin committed intentional tort against Fedorova and intended to culpably oppress and deprive Fedorova from her rights, due administration of justice and equal protection under the law guaranteed by U.S. and Ill. Constitution Art. I, § 12. 
36.       Griffin committed unmitigated crimes punishable under Federal Criminal Code of Conduct 18 U.S.C. 242, deprivation of civil rights acting under colors of law; engaged into a Conspiracy to Interfere with Civil Rights under 42 U.S.C. 1985(3). Griffin  violated  42 U.S.C. 1986, when he neglected  to prevent the wrongs conspired to be done by defendants and its lawyers, as mentioned in section 1983 and 85 of this title , and having power to prevent or aid in preventing the commission of the same, neglected or refuses so to do.  
37.       In Fedorova’s case, the trial court abdicated its role when it favorably ruled on legally insufficient Motion; and entered adverse decisions in purportedly consolidated cases 14-CH-11573 and 14-L-3632 in violation of the law and without subject matter jurisdiction. The job of the trial court is to rule on questions of law, not to grant absolution to attorneys to disregard rules of evidence and civil procedure. “ Fraud upon the court” makes void the orders and judgments of that court. It is also clear and well-settled Illinois law that any attempt to commit “fraud upon the court” vitiates the entire proceeding. [25]
38.       The Order to Consolidate case 14-CH-11573 with case 14-L-3632 was obtained in corrupt manner, in violation of applicable laws and perpetrated by fraud, thus a complete nullity and without effect. Herring v. U.S. , 424 F.3d 384, at 386. [26]   In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated “Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury.. It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted.”   The 7th Circuit stated “ a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final.”
39.        Therefore,   all Orders entered by Judge John C. Griffin in consolidated cases  14-L-3632 and 14-CH-11573 from October 2014 until present time must be vacated as void, and case 14-L-3632 must be reviewed de novo, in accordance with the law and Due Process.   A court does not need subject-matter jurisdiction to vacate a void order; it only needs the inherent power of the court, which every court has, to vacate the void orders issued.  Since this court was without subject matter jurisdiction, this court only had the inherent power to vacate the void orders and judgments as originally void.  
CONCLUSION .
43.       V oid Judgement is one which has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally. Fedorova properly petitions this Honorable Court and Judge Griffin to reconsider its decision on June 28, 2017, and vacate his Decision entered on July 17, 2015, approved on November 5, 2015 as void.
44.       Grant Fedorova’s request for Leave to File Amended Complaint in case 14-L-3632 ; to be reviewed de novo by a non-biased judge, who does not have a conflict of interest, and a judge who will act impartially who has enough professional pride to not accept bribes from litigants in his or her courtroom Any other relief.
 
Respectfully  submitted.
Elena Fedorova, ProSe. July 17, 2017
 
 


[1] Motion to vacate an order as void may be brought at any time and is not subject to the two-year limitations  under section 2-1401 . People v. Harvey , 196 Ill. 2d 444, 447, 753 N.E.2d 293, 295 (2001).  
[2] Other donors are real estate developers, insurance companies and well-connected lawyers who regularly appear in Judge Griffin’s Court, like Michael Demetrio, partner at Corboy&Demetrio and husband  of Appeal Court Justice Katherine Rochford; Robert J. Bingle, Corboy &Demetrio partner; Daniel S. Kirschner , Corboy&Demetrio Partner, Daniel Kotin, nephew to Phillip Corboy, former top partner to C&D and President of Chicago Bar Association who are responsible for judicial selections ( Corboy&Demetrio has at least three personal judges in this Court system: Katherine Rochford and Terrance Lavin (former Associate to C&D) in Appeal Court and Eve M. Railly in Municipal Division ; Joseph A. Power, Jr. son of well-connected Judge Joseph A. Power, Judge Griffin’s friend Daniel J. Pierce, who is a well-connected lawyer and former classmate with Justice Thomas E. Hoffman, who is a long time  crony with Edward Burke and his wife, Justice Anne Burke.
 

[4] Madigan regularly places his corrupt cronies to IL benches using his position of public trust.
[5] When in 2009 Griffin became the judge in Chancery Division, he started to deprive IL citizens from civil rights and fix foreclosure cases in favor of big banks. In 2009 Judge Griffin was a defendant in case 09CV5243, Gregory v. Judge Griffinet.al . for his  bias practices in a foreclosure case. Plaintiffs challenged court jurisdiction and alleged violations of Due Process and Equal Protection rights. Plaintiff contended that Defendant judges are involved in conspiracy in violation of 42USC1985, are legislating from the bench, are blatantly disregarding the law.
[6] In 2010 Judge John C. Griffin and his committee defrauded IL Board of election when they concealed in-kind contributions, which resulted in Administrative case 1-AP064.
[7] November 1, 2012. ChicagoLawyer magazine. Anthony McMahon, 44, works within the Coverage Oversight Unit of CNA Insurance. He typically involves himself in the day-to-day coverage issues that arise in the claims offices as well as any coverage litigation that may arise. His areas of concentration are business auto coverage, commercial general liability matters, trucking/transportation claims, municipality coverage matters and international workers’ compensation claims involving the Defense Base Act. He’s been in this position for four years and said he enjoys the variety of cases as well as the challenges they pose.
[8] To show fraud upon the court, the complaining party must establish that the alleged misconduct affected the integrity of the judicial process, either because the court itself was defrauded or because the misconduct was perpetrated by officers of the court. Alexander v. Robertson, 882 F.2d 421, 424 (9th Cir. 1989).
[9] In Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 , 64 S.Ct. 997, 88 L.Ed. 1250, the Supreme Court extended the concept to a situation where a bogus scientific article was published to affect the outcome of patent litigation. The fabricated article was relied on, at least in part, by the court of appeals in its decision. Hazel-Atlas is an example of fraud which so defiles the court “that the judicial machinery cannot [sic] perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Martina Theatre Corp. v. Schine Chain Theatres, Inc., 2 Cir., 278 F.2d 798 , 801, quoting 7 Moore, Fed. P. ¶ 60.33, at 512
[10] Due Process is a requirement of the U.S. Constitution. Violation of the United States Constitution by a judge deprives that person from acting as a judge under the law. He/She is acting as a private 
person, and not in the capacity of being a judge (and, therefore, has no jurisdiction). 
[11] The Court in Yates v. Village of Hoffman Estates, 209 F.Supp. 757 (N.D. Ill. 1962) held that “It is not a judicial function for a judge to commit an intentional tort even though the tort occurs in the courthouse.”
[12] To compare: Law Division Judge Brennan refused to hear any Motions in case 12-L-7111 (renumbered as 14-L-3632) when Fedorova filed interlocutory appeal on Judge Brennan’s Ex Parte Order to Quash Service. Brennan also ordered Fedorova to comply with Law Division Standing Order and reassign case 12-L-7111 after Appeal Court issued a Mandate.  Judge Griffin trespassed the law and acted in excess of his jurisdiction when continued to operate  in Case 14-CH-11573 during pending appeal; and never requested proper reassignment of case 14-CH-11573 from Chancery Division, where the Appeal Court Mandate was recorded, to Law Division, as required under Rule 1.3d and Law Division Standing Order.
[13] In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that “It is important that the litigant not only actually receive justice, but that he believes that he has received justice.” The Supreme Court has ruled and has reaffirmed the principle that “justice must satisfy the appearance of justice”, Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954).
[14]          Judge Griffin systemically apply double standards in his courts, which are always favorable for the parties of his interests , like licensed lawyers and the corporate defendants in Fedorova’s  case.
[15] Her attempts included but not limited to(1) Motion for Rehearing on consolidation (denied by Judge Flannery on October 20, 2014); (2) Motion to Deconsolidate (Sever) case 14-CH-11573 [15] and request for Judicial Opinion (denied by Judge Solganick without explanations on November 3, 2014); (3) Notice of Appeal final  Order on Consolidation of  case 14-CH-11573, filed on November 17, 2014); (4) Motion for Reconsideration (denied by Judge Griffin on November 5, 2015); (5) Petition  to Substitute Judge Griffin for Cause (denied by Judge Sherlock on August 17, 2015); (6) Rehearing on Petition to vacate (denied by Judge Flannery on October 9, 2015); (7) Complaint for Mandamus (filed on October 13, 2015, case 15-CH-15013); (7) Petition to Vacate Void Order on Consolidation in case 14-CH-11573 (Judge Flannery refused to hear on January 26, 2016, unlawfully consolidated case 14-CH-11573 with 15-CH-11727 and passed Fedorova’s Motion to prove jurisdiction to Chancery Judge Cohen).
[16] Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but itsappearance); US v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) “is directed against the appearance of partiality, whether or not the judge is actually biased.”) (“Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.”).
[17] Taylor v. O’Grady , 888 F.2d 1189 (7th Cir. 1989).  Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals stated that “We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed.” US v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) at 1202.
[18] In 2009 Judge Griffin was a defendant in case 09CV5243, Gregory v. Judge Griffinet.al . for his  bias practices in a foreclosure case. Plaintiffs challenged court jurisdiction and alleged violations of Due Process and Equal Protection rights. Plaintiff contended that Defendant judges are involved in conspiracy in violation of 42 USC1985, are legislating from the bench, are blatantly disregarding the law.
[19] Represented by Holland & Knight LLP, a global law firm with more than 1,100 lawyers in 24 U.S. offices.
[20] Represented by solo-practitioner Donald C. Battaglia, 5543 W. Diversey Ave.  Chicago, IL 60639
[21] Judge Griffin ruled: “Plaintiffs are NOT required to prove their case in the pleading stage. They merely are required to ALLEGE sufficient facts to state all the elements which are necessary to constitute each cause of action in their complaint”. A 2-615 Motion to dismiss should not be granted unless no sets of facts could be proven that would entitled the plaintiff to relief.”
[22] The Chicago Association of Realtors (“CAR”) and its CEO have settled (read: dropped) a defamation suit against Geller, under very questionable circumstances. Apparently, CAR lawyers were not able to prove any sets of facts against Geller, despite Judge Griffin’s favorable findings.  Geller’s lawyer Battaglia said CAR had agreed to dismiss its case against Geller as part of a settlement, but declined to discuss the terms of the settlement.
[23] Liljeberg v. Health Services Acquisition Corp ., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) “is directed against the appearance of partiality, whether or not the judge is actually biased.”) (“Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.”).
[24] People V. Gersch , 135 Ill. 2d 384, 553 N.E 2d 281 (1990); Agricultural Transp. Ass’n v. Carpentier, 2 Ill. 2d 19, 116 N.E. 863 (1963). Any act contrary to the above would be an action without lawful authority, a violation of the constitution and the judge’s oath. A judge has no discretion to engage in a war against the Constitution. Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958). The judge would be acting without subject-matter jurisdiction, and as stated below, would be engaged in an act of treason. US v. Will , 449 US 200, 216, 101 S. ct. 471, 66 L. Ed. 2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L. Ed. 257 (1821).    In People v. Lambert, Case   2-94-1326the Appellate Court of IL, (1997, 2nd Dist.) held: a judge’s “ failure to enforce the law invites anarchy.”
[25] The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) (“The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions.”); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) (“The maxim that fraud vitiates every transaction into which it enters …”); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) (“It is axiomatic that fraud vitiates everything.”); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935 ).
[26] “This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., § 1655, or to set aside a judgment for fraud upon the court.” Rule 60(b).

 

From LN–Finally, some good news from the court system–bonds to become affordable

http://www.chicagoappleseed.org/chief-judge-order-on-monetary-bond/

In an amazing moment, our court system decided to follow the US and Illinois contitution.  Now bail bonds will be what the person will be able to afford.

Read on.

Cook County Chief Judge Announces New Order Limiting Use of Monetary Bond

Chicago Appleseed and our partner Chicago Council of Lawyers applaud today’s announcement by Timothy C. Evans, Chief Judge of the Circuit Court of Cook County, that his office will direct judges to set monetary bonds only in amounts that people can pay. This move brings Cook County in line with a recent federal court decision in Harris County (Houston), Texas that found incarcerating people pretrial solely because they cannot afford to pay bond violates the both the Equal Protection and Due Process Clauses of the United States Constitution.

Under General Order Number 18.8A, “Procedures for bail hearings and pretrial release,” judges presiding over bond court hearings will be required to conduct inquiries on the record about each defendant’s ability to pay before imposing a secured monetary bond in that amount or less. The new order attempts to limit de facto pretrial detention caused only by someone’s lack of access to money and will require various concrete findings before detention is ordered. People who do not pay their bonds and remain detained in Cook County Jail after seven days will be granted re-hearings. Importantly, this re-hearing provision applies to everyone incarcerated solely due to inability to pay bond and not only people charged with some crimes, as under SB 2034.

Evans’s announcement follows the lead of recent court rule changes in Maryland[1]New Mexico[2], and Arizona[3], each of which requires that judges set monetary bonds based on an accused person’s ability to pay. Likewise, it conforms to Attorney General directives[4] in place as part of the recent overhaul of pretrial justice in New Jersey, which has seen a 36% decrease in jail population this year compared to 2015 numbers. Between January 1 and May 31, 2017, judges in New Jersey imposed monetary bail only nine times. Cook County’s new court rule is also in line with the American Bar Association’s Criminal Justice Section Standards on Pretrial Release, which state, “The judicial officer should not impose a financial condition that results in the pretrial detention of the defendant solely due to an inability to pay.”

Cook County Jail is overwhelming filled with people incarcerated pretrial, and most are there because they cannot post a monetary bond. Cook County incarcerates many more people who are legally innocent than other jurisdictions: CCJ’s more than 90% pretrial population is much higher than the national rate of 63%. Of these people awaiting trial, 62% are there only because they cannot pay their monetary bonds. Cook County Jail is the largest single-site jail in the country and costs the county $330 million every year.

If implemented correctly and fully, General Order 18.8A will have the effect of dramatically reshaping pretrial justice in Cook County. No longer will the majority of people in Cook County Jail be there solely because they cannot post bond, incarcerated pretrial without the due process required for actual detention decisions.

As with most policy changes, however, the test of the new order’s effectiveness will be in its implementation. Robust training for all judges who preside over bond hearings is needed if Cook County is to shift away from the money-based system we have relied on for decades. Enforcement will fall largely on the Office of the Chief Judge, and the rule’s impact must be reviewable by community members and advocates. Previous bond reform attempts have provided little actual relief. Proper evaluation of the order’s impact and judicial compliance requires collection and public disclosure of data on bond court outcomes. We look forward to working with both the Office of the Chief Judge and our community partners in bail reform to track the changes in bond court and resulting decrease in Cook County Jail’s population.

You can read the Office of the Chief Judge’s Legal Commentary supporting the order here.

[1] “A judicial officer may not impose a financial condition in form or amount that the judicial officer knows or has reason to believe the defendant is financially incapable of meeting and that will result in the defendant being detained solely because of that financial incapability.” Rule 4-216.1(d)(1)(B). For the full text of the new rule, which became effective July 1, 2017, download this PDF.

[2] “The court shall not set a secured bond that a defendant cannot afford for the purpose of detaining a defendant who is otherwise eligible for pretrial release.” Rule 5-401(E)(1)(c). For the full text of the new rules, download this PDF.

[3] “The court must not impose a monetary condition that results in unnecessary pretrial incarceration solely because the person is unable to pay the bond.” Rule 7.3(b)(2). For the full text of the rules, download this PDF.

[4] Under the directive, prosecutors cannot seek money bail unless (among other conditions): “the defendant is reasonably believed to have financial assets that will allow him or her to post monetary bail in the amount requested by the prosecutor without having to purchase a bond from a surety company or to obtain a loan[.]” For the full directives, download this PDF.