Re: The Guardians documentary film on iTunesThis

From Ken Ditkowsky;
As this is the season for good will after wishing everyone in sight a Merry Christmas and a joyous Happy New Year – and meaning it – I started to read the Wall Street Journal web site as to breaking news and noted an article that related to a company/fund that invested in underwater mortgages.  The company made billions relying upon the basic honesty of the “great unwashed.”   The writer seemed surprised at the result.
Even though no one can suggest that I just fell off the turnip truck, I was not.    There is a basic honesty that is and has been always part of the American culture.   Indeed, our Political and media institutions are working very hard to counter even the impression of integrity, but, examples abound.
This guardianship criminal enterprise is an anomaly even though it threatens every one of us is so horrendous and so many of our Political icons are co-conspirators pursuant to 18 USCA 371 one way or another.
This brings me to the Philip Esformes billion dollar Medicare theft case set for January.    The government wins an extra-ordinary percentage of its cases and the way this case is set up by the prosecution Esformes is dead meat and obviously guilty.
Indeed, the government must prove each element of the criminal charge by proof beyond a reasonable doubt but we all are realistic to know that when the word MEDICARE FRAUD, nursing home and BILLION dollar is mentioned in the same sentence a vote for guilty is a sure thing.   A recent Article in the Miami Herald telegraphs just how overwhelming is the evidence.
I have been hoping for and HONEST INVESTIGATION of this entire HEALTH CARE FIASCO/SCANDAL/FRAUD as the “gulag” threatens each of us, and the “cover up” generated by official corruption in our government institutions is destroying the fabric of America.   Obviously the corrupt public officials in Illinois, Florida, California et al are going to resist as the 700% fraud surcharge funds their political organizations and allows then to purchase elections and immunity; however, Mr. Esformes knows where many of the bodies are buried.
It has been my experience (over 50 years in the Law business) that the FBI special agents, IRS special agents, et al are decent and honest individuals and not happy campers when they have to tolerate the holier than thou corrupt public servant.   Ergo – why is Philip Esformes, who is not a dummy, not candidly and truthfully trying to mitigate his crime?

NOVEMBER 14, 2018 03:15 PM,

UPDATED NOVEMBER 14, 2018 06:33 PM

Philip Esformes, Miami Beach healthcare executive at center of massive Medicare fraud case.
Philip Esformes, Miami Beach healthcare executive at center of massive Medicare fraud case.ROB LATOUR INVISION/AP

In the nation’s biggest Medicare fraud case, a federal judge decided Tuesday to keep the trial of a wealthy Miami Beach businessman on track — despite finding problems with the conduct of prosecutors and agents.

In his ruling, U.S. District Judge Robert Scola found that while they “failed to uphold the high standards” expected of them, federal law enforcement agencies did not act in “bad faith” during their investigation and prosecution of Philip Esformes. Detained since his arrest more than two years ago, Esformes, 49, is charged in a $1 billion Medicare fraud scheme and faces trial in January.

In his ruling, Scola agreed with a magistrate’s previous decision not to throw out the indictment filed in Miami or disqualify the team of prosecutors from the Justice Department and U.S. Attorney’s Office. But Scola disagreed with Magistrate Judge Alicia Otazo-Reyes’ prior ruling on tossing out certain evidence in the high-profile case, and he also described the conduct of the team of prosecutors and agents less harshly than she did in her August decision.

Scola, who as the district judge has the authority to adopt or reject a magistrate’s ruling, said he does not believe “prosecutors acted with any overt intent to violate the defendant’s rights or mislead the court.”

 

“Although the prosecution team operated in good faith, their execution of their duties was often sloppy, careless, clumsy, ineffective and clouded by their stubborn refusal to be sufficiently sensitive to issues impacting the attorney-client privilege,” the judge wrote in the 50-page ruling.

His view contrasted with Otazo-Reyes’ harsh criticism of the Justice Department prosecutors and FBI agents who were involved in the 2016 search of one of Esformes’ assisted-living facilities. Located in North Miami, the Eden Gardens assisted-living facility had an office for his company’s lawyer.

Esformes’ defense attorneys Howard Srebnick, Roy Black and Jackie Perczek argued that the prosecutors and agents should be disqualified from the case, saying the search at the Eden Gardens ALF was tainted because hundreds of the seized documents in the 70 boxes carted away were protected under attorney-client privilege.

Otazo-Reyes “found the government’s attempt to obfuscate the evidentiary record to be deplorable.” But instead of disqualifying the federal team or dismissing the indictment, Otazo-Reyes chose to suppress the protected correspondence as well as other evidence that was improperly obtained and handled by prosecutors and agents. But that issue became a moot point for Scola because the federal team agreed not to use any of that evidence against Esformes.

According to the Justice Department’s indictment, Esformes is accused of exploiting his network of about 20 Miami-Dade skilled-nursing and assisted-living facilities to fleece the taxpayer-funded Medicare program by filing false claims for services that were not necessary or not provided over the past decade leading up to his arrest in July 2016.

Esformes is also accused of referring his own network of patients to convicted healthcare-fraud offenders, including Guillermo and Gabriel Delgado. The brothers pleaded guilty and admitted swindling Medicare for mental-health, prescription-drug, and home-healthcare services, and they ultimately helped federal investigators target the Miami Beach executive.

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