In a fascinating case arising out of the Eastern District of California that I’ve watched for the past couple of years, the government has vigorously pursued the former owner of a California based food company. The head of SK Foods, Scott Salyer, entered a surprising guilty plea Thursday to one count of racketeering and one… Continue Reading
Tag Archives: kickbacks
Broward County, FL, Physician Acquitted on Kickback Charges
Posted in Acquittal, Health Care FraudYesterday, a jury in the U.S. District Court for the Southern District of Florida returned not guilty verdicts against 78 year-old Francisco H. Gonzalez, M.D., on charges that Dr. Gonzalez allegedly took thousands in kickbacks from two Miami-area home healthcare agencies, ABC Home Health Care and Florida Home Health Providers (FHHP), according to the Miami Herald. Also… Continue Reading
President’s Day
Posted in The Judiciary"Nearly all men can stand adversity, but if you want to test a man’s character, give him power." Abraham Lincoln A couple of notable news items locally at the end of last week. On Thursday, President Obama nominated Jill A. Pryor, a partner at Bondurant, Mixson & Elmore, LLP, in Atlanta to serve on the… Continue Reading
Alabama Pharmacy Owners Acquitted In $29 Million Scheme to Defraud Medicaid
Posted in AcquittalFrom al.com–the owners of a pharmacy in Loxley, Alabama, near Mobile, were found not guilty yesterday following a jury trial in the U.S. District Court for the Southern District of Alabama. Tony Eric Mosley and James Goins, owners of Hemophilia Infusion Manager, were charged with other defendants for allegedly scheming to defraud Alabama Medicaid out… Continue Reading
Atlanta Man Indicted in New York for Securities Fraud, Insider Trading
Posted in Fraud, indictment, Securities FraudImage source: www.google.com/imgres Scott Allen, of Atlanta, was charged last week with securities fraud and insider trading in the U.S. District Court Southern District of New York, according to the Wall Street Journal. The government alleges that Mr. Allen and John Bennett of Norwalk, Connecticut, conspired to make more than $2.6 million in profits on insider trades… Continue Reading
Marietta Executive Pleads Guilty in Rhode Island In Navy Kickback Scheme
Posted in FraudThe Washington Post reports today that Patrick Nagle, of Marietta, Georgia, pled guilty last week in the U.S. District Court for the District of Rhode Island to conspiracy to commit bribery. Nagle was formerly the Chief Executive Officer of Advanced Solutions for Tomorrow (AST), which was awarded contracts by the U.S. Navy. The prosecution alleged that… Continue Reading
Supreme Court Declines to Hear Conrad Black’s Appeal of His Two Remaining Convictions
Posted in FraudThe U.S. Supreme Court yesterday denied the petition for certiorari by former international media mogul, Canadian citizen and British Lord, Conrad Moffat Black, as reported in the Washington Post. Mr. Black was the CEO of Hollinger International, Inc., which owned newspapers worldwide. He was indicted (in an indictment made available by FindLaw which may be viewed… Continue Reading
Prominent Cuban-American Acquitted of Healthcare Fraud in the 1990s, Indicted a Second Time for Submitting False Claims to Medicare
Posted in Fraud, Health Care FraudErnesto Angel Montaner, aged 70, a member of a prominent Miami Cuban family, is facing healthcare fraud charges for the second time, according to the South Florida Sun Sentinel. Montaner was the sole defendant acquitted in a vast healthcare fraud prosecution in the 1990s for an alleged $15 million in false claims to Medicare. The… Continue Reading
New York Senator May Be Retried in Wake of Supreme Court’s “Honest Services” Fraud Decision
Posted in Acquittal, Fraud, Noteworthy CasesNew York Senator Joseph L. Bruno was indicted in January of 2009 on eight counts of fraud. A jury in the U.S. District Court for the Northern District of New York acquitted Bruno, who is now 81 years old and the former Republican Majority Leader of the New York State Senate, on five of the remaining… Continue Reading
Roswell Man and Military Contracting Firm Indicted in Rhode Island for Fraud Against Navy
Posted in FraudThe Washington Examiner reports that Anjan Dutta-Gupta of Roswell, Georgia, and Ralph M. Mariano of Arlington, Virginia, have been charged in the U.S. District Court for the District of Rhode Island on bribery and kickback charges. Mariano was a senior engineer at the Washington Navy Yard. Gupta was the founder of Advanced Solutions for Tomorrow… Continue Reading
Rascos Give Up the Fight; U.S. Senate Assumes Role of a Court for Impeachment Trial of Louisiana District Judge G. Thomas Porteous, Jr.
Posted in Fraud, Immunity, MiscellaneousWe have commented on the case of Alfredo and Niurka Rasco of South Georgia, who were charged in a $6.5 million Medicare fraud scheme. Well, despite a heated and well-founded defense against the charges based upon illegal use of immunized evidence by the government, Mr. Rasco and his wife pled guilty to the charges against them… Continue Reading
Supreme Court’s Skilling Decision Affects Retrial of Abramoff Associate; Georgia Attorney Gets 5 Years for $4.3 Million Fraud Against Clients; Dutch Company Enters $240 Million Settlement of Foreign Bribery Allegations in Texas
Posted in FraudOn June 24, the United States Supreme Court rendered its decision in the case of former Enron executive Jeffrey Skilling. The majority in U.S. v. Skilling, No. 08-2349, in an opinion authored by Justice Ruth Bader Ginsberg (which may be read in its 114 page entirety here), held that the "honest services" mail fraud statute,… Continue Reading
Daimler AG Agrees to Pay $184 Million to Settle SEC and DOJ Allegations; Alleged Conduct Includes Sales of Vehicles and Parts to Iraq Under U.N. Oil for Food Program
Posted in Foreign CrimesThe Federal government has massively ramped up enforcement against domestic and foreign corporations for violation of the Foreign Corrupt Practices Act (FCPA), essentially an anti-bribery or kickback statute applicable to overseas transactions. The latest target to fall to FCPA allegations, according to an SEC press release, is German automotive giant Daimler AG. The Securities and… Continue Reading
Former Willbros Executives Sentenced for $6 Million Bribe to Nigerian Officials in Violation of the Foreign Corrupt Practices Act
Posted in Foreign CrimesThe culture of corruption of some foreign nations may heavily influence to U.S. companies doing business abroad to play along in order to be competitive. Regardless of the competitive disadvantages, the Foreign Corrupt Practices Act (FCPA) stands as a serious deterrent to engaging in bribery or kickbacks in business transactions abroad. The force of the FCPA was demonstrated once again on Thursday, when two former executives of… Continue Reading
Baucus Healthcare Bill Amends Medicare Anti-Kickback Provision
Posted in Health Care FraudWe at FCDB read H.R.3200, “America’s Affordable Health Choices Act of 2009,” earlier this year (well okay, perhaps we didn’t “read” it all, maybe skimmed is a better description) and were surprised to find that it appeared to add nothing to our nation’s ever-growing corpus of criminal provisions. Well, yesterday, Montana Senator Max Baucus released… Continue Reading
Hollywood Film Producer Couple Convicted for Bribing Thai Official
Posted in Foreign CrimesAccording to Law.com, a jury in the U.S. District Court for the Central District of California found Gerald and Patricia Green guilty of conspiracy, money laundering and violation of the Foreign Corrupt Practices Act (FCPA). The Greens were film producers based in Beverly Hills. They were charged and found guilty of conspiring to bribe a government… Continue Reading