Thursday, December 27, 2012

Detroit Health Care Fraud

Matt Worley, Esq.

Despite regular indictments and convictions of home health care agency owners, Medicare and Medicaid fraud remains prevalent in metro Detroit, according to a new report by the Office of the Inspector General (OIG).

The US Department of Health and Human Services (HHS) found high fraud, waste, and abuse in Detroit.  Other cities found to have high fraud include Chicago, Miami, Tampa, Los Angeles, Dallas, Houston, and Baton Rouge.

Fraud is a major problem in the Medicare system.  Most experts believe that up to ten percent of the annual $1 trillion cost of Medicare and Medicaid can be attributed to fraud, waste, and abuse.  In 2009 HHS created HEAT – a task force whose aim is to reduce fraud in these programs.

According to this report, as much as 22 percent of claims inspected were filed in error because the services were unnecessary or were coded inaccurately.  This resulted in $432 million in unnecessary payments to home health agencies.  Part of the problem lies in poor record-keeping by the agencies.

The OIG report made three recommendations to home health agencies to reduce fraud.  These providers should (1) increase Medicare contractor standards to identify high risk providers; (2) track license revocation recommendations; and (3) take measures to prevent inappropriate payments to agencies with suspended or revoked licenses.

In response to the report, the Centers for Medicare and Medicaid Services (CMS) said it would implement all three of these recommendations.


If you have questions about Medicare or Medicaid fraud, or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com.

Monday, December 17, 2012

Man Pleads Guilty to Mail Fraud Totaling $2.6 million

Mark Mandell, Esq

While we may not often think of inmates as vulnerable, it is upon these individuals that John Wilson preyed, conning both the inmates and their families out of $2.6 million.

It has been two years since Wilson was accused, but he has finally pled guilty to fraud. Wilson worked with Lari Zeka, a Macomb Township man, running three businesses that sent mailings to inmates across the nation. The mailings, which targeted both the inmates and their families, presented an offer of legal services on the inmate’s behalf. The catch, however, was the necessity of payment upfront, money that would supposedly be used for legal research and lawyer retainer fees. The research would help toward the inmate’s appeal, while the retainer fee would be put toward the case. Once fees were paid, however, the money disappeared. No research was conducted and no attorney was ever assigned to work on the inmate’s appeal.

Wilson seemed to target both black and Hispanic inmates specifically; however, the nature of the scheme was universal in nature. The mailings preyed upon the desperate desire of family members to help their loved ones behind bars.

As a result of an investigation by the Internal Revenue Service and the U.S. Postal Inspection Service, Wilson was indicted on 66 counts of mail fraud in October 2010 and finally pleaded guilty in January. For now, he awaits sentencing.

To learn more and read the original article, please visit: http://www.detroitnews.com/article/20121211/METRO/212110435/1409/rss36

Tuesday, December 4, 2012

Michigan Working to Make Courts More Efficient


Matt Worley, Esq.


Michigan Trial Courts may soon be working smarter and more efficient, thanks to an initiative by the State Court Administrative Office (SCAO).  With a program entitled “Courts Working Smarter for a Better Michigan,” the SCAO will be measuring the performance of Michigan trial courts.

The plan allows the courts to identify performance issues, set goals, and improve performance.

For example, the plan analyzes how long it takes for a case to be heard by a judge.  Courts can then see where the problems lie and work to correct them in order to shorten the time cases sit in limbo.

Additionally, courts will measure what percentage of jurors called to duty actually serve on a trial.  Customer satisfaction surveys will also be provided to people using the courthouse as a way to improve customer service. Lastly, the courts will also be able to review the reliability and integrity of case files – having accurate court records is indispensable for an effective appeal.

Perhaps best of all, these measures will be provided to members of the bar and the public, providing for greater transparency of the courts to Michigan citizens.

To read the Michigan Bar Journal article about the steps being taken by the SCAO to improve the efficiency of the courts, please visit:  http://www.michbar.org/journal/pdf/pdf4article2113.pdf.

If you have legal questions, contact the experienced team of attorneys at Fausone Bohn, LLP at (248) 380-0000 or www.fb-firm.com.

Monday, December 3, 2012

Judge to Hear Motion to Dismiss for Congressman McCotter Staffer


Mark Mandell, Esq.
Attorney General Bill Schuette deemed the acts of Paul Seewald and Don Yowchuang a “disgraceful violation of the public trust” on Tuesday. The two, who worked for former congressman Thaddeus McCotter and were involved in McCotter’s petition scandal, entered pleas to all but one of the criminal charges brought against them. Seewald and Yowchuang, along with other members of McCotter’s Michigan staff, were involved in the fraudulent copying and altering of petitions that led to McCotter’s qualification for the 2012 Michigan ballot.Yowchuang pleaded no contest to ten counts of forgery – a felony – and six counts of falsely signing a nominating petition – a misdemeanor. Seewald, on the other hand, pleaded guilty to nine counts of falsely signing a nominating petition as circulator.
One charge remains, however. Conspiracy to Commit a Legal Act in an Illegal Manner is still pending against both Seewald and Yowchuang. Judge Marie Braxton is expected to hear an argument on January 9, 2013 from Mr. Seewald’s attorney, Mark Mandell, to have this remaining felony charge dismissed. Mandell, a partner at the law firm Fausone Bohn, LLP, will face opposition from the Attorney General’s office when they oppose the motion in court.

A handful of other McCotter staffers have previously made pleas in regards to the petition scandal. Members include Lorianne O’Brady, a former scheduler for the congressman, who pleaded no contest to five counts of falsely signing a nominating petition as circulator. She has been sentenced to 20 days in jail or in a work program. Further, O’Brady will serve probation for 18 months following the sentence, and she has been ordered to pay over $2,000 in fines.
One member of McCotter’s staff still faces criminal charges. Mary Melissa Turnbull, who is scheduled to appear for a Pre-Trial hearing on January 8, 2013, has been charged with one count of Conspiracy to Commit a Legal Act in an Illegal Manner and one count of falsely signing a nominating petition as circulator.

These convictions have come as a result of Attorney General Schuette’s creation of the Public Integrity Unit in 2011. Since its creation, the unit has filed over 200 charges in various cases involving corruption at both the state and local levels. The unit continues to pursue convictions in such fraud and corruption cases.
If you have questions regarding fraud or other legal issues, please contact Mark Mandell at 248.380.0000 or www.MichiganFraudLawyer.com.

To learn more and read the original articles, please visit:
http://www.detroitnews.com/article/20121127/METRO01/211270373/1361/McCotter-staffers-enter-pleas-in-petition-fraud-case and http://www.michigan.gov/ag/0,4534,7-164-46849_47203-290480--,00.html

Thursday, November 29, 2012

Seewald pleads guilty, Yowchuang no contest in McCotter petition fraud

http://www.hometownlife.com/article/20121129/NEWS10/211290596/Seewald-pleads-guilty-Yowchuang-no-contest-McCotter-petition-fraud?odyssey=mod|newswell|text|Livonia|s

Georgia Woman Faces 20 Years for "Robo-Signing" Scheme

The name “Linda Green” sounds ordinary enough to fly under the radar, and that’s just what it did as it appeared on thousands of mortgage-related documents across the United States. The only notable distinction on the documents was a variation in the handwriting.

State Attorney General Bill Schuette has charged Lorraine O’Reilly Brown, the former president of DocX and the woman behind the mortgage document “robo-signing” scheme with racketeering – a felony charge with the potential to bring Brown a 20-year sentence.

From 2006 to 2009, Brown instructed her employees to fraudulently sign various bank officials’ names (e.g. Linda Green) on mortgage documents, which resulted in quicker document processing and more money for Brown and her company. Workers at DocX allegedly forged close to a million signatures on home mortgage documents, and while the scheme may have begun in Georgia, Michigan officials discovered over 1,000 fraudulent signatures on mortgages in their own state. As Brown and DocX workers produced these fraudulent signatures, banks have used such “robo-signed” documents in order to initiate improper foreclosures.

Attorney General Schuette was one of 49 state attorneys who entered into a $25 billion settlement with five of the largest U.S. banks over improper foreclosure processes and mortgage services. As a result of the settlement, Michigan will receive over $760 million, $97 million of which will go towards Michigan’s new Homeowner Protection Fund – signed recently into law in order to help homeowners avoid foreclosure and assist law enforcement in putting an end to deceptive practices.

If you have questions about fraudulent conduct, contact Fausone Bohn, LLP at (248) 380-0000.

Wednesday, November 28, 2012

2 ex-McCotter staffers enter pleas in election petition fraud scandal


Michigan Supreme Court Justice Charged with Real Estate Fraud

Diane Hathaway, Michigan Supreme Court Justice, may be facing political pressure to resign, but it seems she will not go down without a fight. Accused of real estate fraud, Hathaway may face criminal charges.

In 2010, Hathaway and her husband, attorney Michael Kingsley, contacted ING Bank in pursuit of a short sale on their Grosse Point Park home, a transaction in which a bank and borrower agree to sell a property for less than what is owed on the mortgage.

The hardship letter sent to ING Bank, however, failed to disclose the recent transfer of their Florida home to Kingsley’s daughter. As Hathaway claimed she did not possess the financial resources necessary to pay the mortgage on her Michigan property, her Florida residence seemed to have been hidden away. After the short sale of the Gross Pointe home, resulting in the erasure of over $600,000 in mortgage debt, the Florida home was quietly transferred back into Hathaway’s name.

Federal authorities filed a lawsuit to seize Hathaway’s Florida residence, accusing her of hiding real estate while persuading a bank to allow the short sale of her Gross Point residence. Hathaway and Kingsley, however, will have the chance to challenge the government in this forfeiture action.

While Michigan Chief Justice Robert Young Jr. urged Hathaway to make a statement, clearing the air and explaining the transactions, Hathaway declined to speak publicly. Matt Frendewey, spokesman for the Michigan Republican Party, pushed for Hathaway’s resignation: “Her actions are offensive to the many Michigan families who have faced difficult times during Michigan’s economic downturn.”

If you have real estate or fraud issues, contact Fausone Bohn, LLP at (248) 380-0000.

McCotter Aides Plead Guilty To Some Charges In Petition Scandal

http://detroit.cbslocal.com/2012/11/27/mccotter-aides-plead-guilty-to-some-charges-in-petition-scandal/

Tuesday, November 27, 2012

Judge to Hear Motion to Dismiss for McCotter Staffer

Paul Seewald, former staffer for U.S. Representative Thaddeus McCotter, was charged with nine misdemeanor counts for falsely signing election nominating petitions as a circulator and one felony conspiracy charge. 

On Tuesday, Mr. Seewald pleaded guilty to the nine misdemeanor counts in Wayne County Circuit Court.  However, Judge Margie Braxton will hear an argument from Mr. Seewald’s attorney, Mark Mandell, to have the remaining felony conspiracy charge dismissed.

The Judge is expected to hear Mr. Seewald’s motion to dismiss on January 9th.

Mark Mandell, a partner at the law firm of Fausone Bohn, LLP in Northville, is defending Mr. Seewald against these charges.

If you have questions regarding fraud or other legal issues, contact Mark Mandell at 248.380.0000 or www.MichiganFraudLawyer.com.

To read the Detroit News article about the hearing, please visit:


 

 

 

Monday, November 26, 2012

Medicare Fraud Not Limited to Home Health Agencies


Tariq Hafeez, Esq

 
Home healthcare companies aren’t the only ones overbilling Medicare – nursing homes are at it as well.  According to a report by the staff of the Inspector General of the Department of Health and Human Services, a review of nursing home Medicare bills found that about one-fourth of them were incorrect. 

This adds around $1.5 billion in annual costs to the Medicare program, according to the report.

Much of the incorrect billing involves upcoding, a common scheme where the facility submits bills to Medicare for more intensive services than actually performed to receive a higher reimbursement.  Additionally, some facilities provide treatments to patients that are inappropriate or unnecessary.

“What makes this report stand out is the sheer amount of dollars inappropriately spent,” said Jodi Nudelman, New York Inspector General who oversaw the study.  These companies are “billing for therapy that they don’t provide or which the patient doesn’t need.”

Medicare accounted for 13.5% of Federal spending last year – and that percentage is expected to grow.  With estimates labeling 30% of U.S. medical spending as “unnecessary,” cutting fraud, waste, and abuse is a key part of reducing Medicare spending - $3.7 billion has been recovered in the past 3 years. 

The OIG has said that Medicare has made several significant changes but that more needs to be done to reduce inappropriate payments.  This systematic overbilling at the expense of taxpayers is unacceptable.

If you have questions or have witnessed a nursing home or other provider committing Medicare fraud, contact the experienced fraud team at Fausone Bohn, LLP.  Call Tariq Hafeez or Breeda O’Leary at (248) 380-0000 or visit our website at www.MichiganFraudLawyer.com.

Tuesday, November 6, 2012

Michigan Medicare Fraud Strike Force

Recently, in the Eastern District of Michigan, five more individuals were charged for their participation in yet another Medicare fraud scheme. The Department of Justice, FBI and the Department of Health and Human Services (HHS) announced the charges in late September, stating the individuals were involved in fraudulent health and psychotherapy services.

Defendants charged in the documents include: Mohammed Sadiq, 65, Troy, Mich.; Jamella Al-Jumail, 23, of Brownstown, Mich.; Firas Alky, 40, of Shelby Township, Mich.; Clarence Cooper, 53, of Detroit; and Beverly Cooper, 58, of Detroit.

According to court documents the scheme involved a total of more than $24.7 million in fraudulent claims submitted to Medicare. The majority of this total was billed as home health care and psychotherapy services that were either medically unnecessary or had never really occurred.

The investigation was triggered by the Medicare Fraud Strike Force. Since its inception in March 2007, the strike force has charged more than 1,330 defendants who collectively have fraudulently billed Medicare for more than $4 billion. Working in conjuncture with the FBI and HHS, the strike force hopes to increase accountability and decrease the presence of fraudulent providers.

Fausone Bohn’s team working on Medicare fraud cases include Mark Mandell, Tariq Hafeez, Breeda O’Leary and Matt Worley.

Friday, October 12, 2012

Multimillion Fraud Award


Mark Mandell, Esq.

 
In this era of increasing health care costs and budget constraints, allegations of Medicare fraud need to be aggressively pursued to maintain the integrity of the system.  On October 15, 2007, Gale Bryden filed a lawsuit against her former employer, Wyoming Medical Center (WMC), under the whistleblower provisions of the False Claims Act.  Ms. Bryden alleged that WMC had committed Medicare Fraud.

Specifically, Ms. Bryden stated that WMC submitted requests to Medicare for reimbursement that were inconsistent with patient records, changed the admission status of patients without a physician order, and billed Medicare for unnecessary inpatient admissions.

The United States conducted an extensive investigation and found evidence to support the allegations of fraud.

The WMC settled this case with the United States and must pay $2.7 million in damages arising from the alleged fraud.  Ms. Bryden, as compensation for filing the case and assisting the United States in its investigation, will receive a share of this settlement.  The assistance of citizens like Ms. Bryden is essential to combat this abuse of the system.  Corporations allegedly seeking to increase profits at the expense of taxpayers can expect aggressive investigation.

If you have questions or have witnessed Medicare fraud, contact the experienced fraud team at Fausone Bohn, LLP.  Call us at (248) 380-0000 or visit our website at www.MichiganFraudLawyer.com.

To read the original article, please visit:
http://www.kgwn.tv/story/19689697/settlement-reached-over-medicaid-fraud

Thursday, October 11, 2012

McCotter Staffer Charges Taken Under Advisement

By Matthew Worley

Attorney Mark Mandell represents Paul Seewald – a former Thaddeus McCotter staffer charged with 9 misdemeanor election fraud counts and one felony conspiracy charge.

At the preliminary exam Thursday, Mr. Mandell argued that Mr. Seewald merely signed the nominating petitions as a circulator – which, if convicted, is a misdemeanor.  He argued that the Attorney General has failed to show evidence sufficient to support the felony charge as against Mr. Seewald.

Judge Sean Kavanagh, after hearing the argument, decided to take the matter under advisement before issuing a ruling.

Mark Mandell, a partner at the law firm of Fausone Bohn, LLP in Northville, is defending Mr. Seewald against these fraud and conspiracy allegations.

If you have questions regarding fraud or other legal issues, contact Mark Mandell at 248.380.9976 or www.MichiganFraudLawyer.com.

To read the Detroit Free Press article, please visit:
http://www.freep.com/article/20121011/NEWS15/121011031/Thaddeus-McCotter-duplicates-of-petitions-campaign-fraud-petition-fraud?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

Judge Takes Charges in McCotter Fraud Under Advisement

Mark Mandell represented Paul Seewald in Livonia District Court today.  Mr. Seewald is charged with 9 misdemeanor election fraud counts and one felony conspiracy count.

These charges stem from Mr. Seewald’s alleged connection to the possible fraud of nominating petition signatures for the reelection campaign of U.S. Congressman Thaddeus McCotter.

At the Preliminary Exam on Thursday, Mr. Mandell called Congressman McCotter to the stand.  Mr. McCotter testified that Don Yowchuang, another defendant in the case, was the one who had been delegated the responsibility of collecting and filing the petition signatures with the Secretary of State.

During his closing argument, Mr. Mandell argued that the Attorney General had failed to show probable cause on the felony conspiracy charge against Mr. Seewald.  Probable cause is required for the case to go forward to trial.  After hearing the argument, Judge Sean Kavanagh decided to take the matter under advisement prior to making a ruling.

Mark Mandell, a partner at the law firm of Fausone Bohn, LLP in Northville, is defending Mr. Seewald against these fraud and conspiracy allegations.

If you have questions regarding fraud or other legal issues, contact Mark Mandell at 248.380.9976 or www.MichiganFraudLawyer.com.

To read the Detroit News article about the hearing, please visit:

Wednesday, September 26, 2012

$40 million Detroit-area Medicare Fraud Scheme


Tariq Hafeez, Esq.


A Detroit-area doctor, Hicham Elhorr, has been charged in federal court for his alleged leading role in a $40 million Medicare fraud scheme.

Dr. Elhorr was the owner and operator of House Calls Physicians (HCP), a physician home visiting service.  Elhorr allegedly submitted claims through HCP for physician home visits for patients that were never seen or visits conducted by doctors who were not licensed.  The complaint further alleges that Elhorr submitted claims to Medicare when he was out of the country, when beneficiaries were hospitalized, or even when the beneficiary was dead.

Additionally, Elhorr is charged with accepting kickbacks from home health agencies in exchange for referring patients to those agencies.  According to court documents, HCP has billed Medicare for approximately $9.2 million since January 2008.  In that same time period, the company has allegedly referred Medicare beneficiaries for home health services that resulted in approximately $30.8 million of reimbursements from Medicare.
 
Of course, these charges mean that Dr. Elhorr is suspected of committing these crimes but is considered innocent until proven guilty beyond a reasonable doubt in a court of law.
 
Medicare and Medicaid fraud are serious offenses that are harshly prosecuted and carry severe penalties and jail time.  Having quality legal advice is imperative when defending against such allegations.

The experienced fraud team at Fausone Bohn, LLP – Mark Mandell, Tariq Hafeez, and Breeda O’Leary – can provide a top-notch legal defense for those involved in a government investigation or prosecution.  The team can also provide counsel for “whistleblowers” looking to expose the fraud of their employers (or ex-employers).  Whistleblowers may be eligible to receive money from a settlement or verdict and this knowledgeable team has the expertise to obtain these positive results.

To learn more or read the original article, please visit:
http://www.examiner.com/article/michigan-doctor-charged-40m-medicare-fraud-scheme

Wednesday, August 22, 2012

Medicare Fraud Max Sentence

64 year-old George Dalyn Houser of Georgia was sentenced in Federal Court to 20 years in prison for Medicare fraud.  Houser and his wife operated three nursing homes and used them to fraudulently bill Medicare and Medicaid for “worthless services.”

Houser will serve his 20-year sentence followed by 3 years of supervised release.  He will also have to pay $6,742,808 in restitution to the Medicare and Medicaid programs.  Additionally, he must pay $872,515 in restitution to the IRS for failing to pay payroll taxes and personal income taxes.

Houser bought real estate, luxury vehicles, vacations, and planned to build a hotel – all while the residents in his nursing homes allegedly starved and lived in unacceptable conditions.

The nursing homes allegedly suffered from food shortages bordering on starvation, leaking roofs, no nursing or housekeeping supplies, poor sanitary conditions, major staff shortages, and safety concerns.

“Senior citizens in nursing homes are some of our most vulnerable citizens.  Houser stole millions in taxpayer dollars while the residents entrusted to his care went without food or medicine.  Now he’ll spend 20 years in prison,” said US Attorney Sally Quillan Yates.

The Office of the Inspector General is committed to aggressively investigating and prosecuting these taxpayer-funded, worthless service cases.

Medicare and Medicaid fraud are serious offenses and those that commit them face harsh prosecutions and severe penalties or jail time.  Having quality legal advice is imperative when defending such allegations.

The experienced fraud team at Fausone Bohn, LLP – Mark Mandell, Tariq Hafeez, and Breeda O’Leary – can provide a top-notch legal defense for those involved in a government investigation or prosecution.  The team can also provide counsel for “whistleblowers” looking to expose the fraud of their employers (or ex-employers).  Whistleblowers may be eligible to receive money from a settlement or verdict and this knowledgeable team has the expertise to obtain these positive results.

To learn more or read the original article, please visit:

Wednesday, August 1, 2012

Busted! Another Medicare Crook Gets Taken Down

27 year old Alejandro Haber was busy running a Detroit-area health clinic.  But that’s not all he was running.

Haber was also running a multi-million dollar Medicare fraud scheme.

Haber conceived and oversaw his fraud schemes at a clinic he operated called Ritecare, LLC.  Along with his co-conspirators, he obtained patients by paying illegal kickbacks to recruiters and directly to Medicare recipients. 

Haber instructed these patients to feign certain symptoms.  These fake symptoms were used to create false and fraudulent medical records.  The conspirators then billed Medicare for medically unnecessary services such as expensive nerve conduction studies.

From 2007 to 2009, Haber submitted approximately $7.42 million in fraudulent claims through Ritecare to the Medicare program for reimbursement.  Out of this amount, Medicare actually paid $5.33 million to Ritecare.

Haber has since pleaded guilty in federal court to one count of conspiracy to commit health care fraud.  He was sentenced to serve 40 months in federal prison followed by three years of supervised release.  Additionally, he must pay restitution of $5,333,906 – the amount he fraudulently received.  $99,000 has already been seized from his bank accounts – although this hardly makes a dent in the amount he owes.

Medicare fraud must run in the family – Alejandro’s father was also sentenced in July to 60 months in prison for his role in an $8.5 million Medicare fraud scheme.

To learn more or to read the original press release, please visit:

Thursday, July 5, 2012

Largest Healthcare Fraud Settlement in US History

By Tariq Hafeez

British drug maker GlaxoSmithKline (GSK) has agreed to pay $3 billion US in criminal and civil fines and plead guilty to misdemeanor criminal charges related to the sale and marketing of its antidepressants Paxil and Wellbutrin and the diabetes drug Avandia in the largest health-care fraud settlement in U.S. history.

The case was brought against GSK under the federal government’s whistle-blower law, known as the False Claims Act.  Whistle-blowers get a share of any money received by the federal government.  The case stems from claims made by four employees of GSK, including a former senior marketing development manager for the company and a regional vice president, who informed the government about a range of improper practices from the late 1990s to the mid 2000s. 

The British drug maker admitted, as part of its settlement, that it misbranded antidepressants Paxil and Wellbutrin. It also admitted to marketing them for uses not approved by the FDA including treatment of children for depression and treatment for obesity, addition, ADHD and anxiety. The company also admitted that it failed to inform the FDA that its diabetes drug Avandia might cause heart problems.

GlaxoSmithKline will pay $1 billion in criminal fines and forfeitures and the remaining $2 billion will go to settle state and federal civil allegations regarding false claims that it submitted to the federal health care programs. According to the Michigan Attorney General Bill Schuette, Michigan is in line to get $23.8 million as part of the settlement, as Michigan was among the states that sued GSK.

If you have any questions relating to health care fraud, contact Mark Mandell or Tariq Hafeez at (248) 380-0000.

Wednesday, June 27, 2012

Is it Gambling?

Are internet cafes operating as illegal gambling operations?

These business establishments are popping up in every Michigan community.  They offer sweepstake games.  A Google search turns up 2,000,000 results for “internet café Michigan”.  Customers purchase internet time to play games and the shop pays cash for the “winnings”.

Attorney General Bill Schuette, has opined that these cafes are gaming.

Flint Business Center is an internet cafe that sells internet access and long distance phone cards.  With each purchase, the customer receives free sweepstakes entries to play casino-style computer games for cash prizes.  Schuette has sent cease and desist letters to a dozen of these internet sweepstakes cafes.

After receiving the cease and desist order, Flint Business Center sought a preliminary injunction allowing them to stay in operation.  The cafe argued that the games aren’t illegal gambling activities, but more similar to a McDonald’s Monopoly sweepstakes. 

The Genesee County Circuit Court didn’t buy it and denied the cafe’s request.  This may be the first state court decision on this issue.

The Flint Business Center has shut its doors rather than face potential prosecution.

If you have questions on legal issues, contact Mark Mandell or Matt Worley at (248) 380-9976.

Thursday, May 31, 2012

Too Good to be True

With the economy slowly on the rise, new investors need to be weary of people like Alan James Watson. Watson, 47, from Clinton Township, Michigan, was recently sentenced to 12 years in prison for fraudulently receiving over $40 million dollars from investors in his ‘investment club’.

Using the name Cash Flow Financial LLC, Watson’s investment club was advertised as having a guaranteed rate of return of 10% per month. Despite the fact every investor should know there is no such thing as a guaranteed return, let alone one of 10% per month, people fell for it. Over 900 people stretching from Virginia to California succumbed to Watson’s fake promises and ended up losing it all.

Here’s how it worked: Watson told investors that their money would be invested through an equities-trading system developed by an expert consultant, Trade LLC. In reality, of the $40 million Watson received, only $6 million ever made its way to Trade LLC. Watson invested the rest of the money in miscellaneous, high-risk ventures without the consent of the investors and ended up losing all $34 million.

Despite this enormous loss, Watson continued to falsify monthly account statements and investors continued to believe they were making serious money. He kept investors on the hook by operating a Ponzi scheme, where initial investors were paid off with subsequent investors’ money.

When it was all over, Watson was found guilty of wire fraud and asked to forfeit $36,615,344. The US Commodity Futures Trading Commission (CFTC) has recently filed civil charges against him as well, stating he improperly used investors’ money for personal gain.


If you have questions about false or fraudulent activity, contact Mark Mandell at 248/380-9976.

Monday, May 21, 2012

Online and FBI Fraud


Mark Mandell, Esq.


As if face to face fraudulent activity wasn’t enough, both ID theft and online fraud rose 3.4% in 2011 and continue to increase. The Internet Crime Complaint Center (IC3), a private company that works in partnership with the FBI’s Cyber Division, announced that for 2011 it had received 300,000 complaints of identity theft and online fraud; totaling $485.3 million in losses. 

The IC3 annual report combines data from all over the country and un-surprisingly, the states with high populations have the highest instances of online fraud. Of the 300,000 plus complaints reported in 2011, 115,903 resulted in financial loss to the victim; averaging $4,187 per person.

The top five crime types were: FBI-related scams in which criminals posed as the FBI; identity theft; advance fee fraud, in which criminals attempted to convince victims to pay an advance fee for something of value that would never be delivered to the victim; non-delivery of purchased merchandise; and overpayment. Typical schemes range anywhere from romance scams in which scammers typically seek money from older and divorced individuals, to auto-auction fraud where people sell vehicles online that they never owned.

The IC3 warns that the frightening thing about online fraud is that the possibilities of how it can occur are nearly endless, and the landscape of the crimes is constantly changing. To avoid becoming just another statistic, be weary of unfamiliar emails seeking personal information and use a separate debit card with limited funds when shopping online.

To learn more or see the original article, please visit: http://www.informationweek.com/news/government/security/240000336

For assistance fighting fraud, contact Mark Mandell at (248) 380-9976.

Tuesday, May 15, 2012

FORECLOSURE FRAUD

Mark Mandell, Esq.
 

With thousands of Michigan homeowners trying to recover from foreclosures on their homes, the last thing they need is the ‘help’ of someone like Rickey White. White, a 46 year old Westland resident, was allegedly involved in an extensive foreclosure-rescue scam that targeted over 350 cash-strapped Michigan homeowners for over $800,000.

White and his made-up companies, Expert Financial and Braunstein & Associates, allegedly offered prospective clients mortgage modifications for an upfront fee, with a full money back guarantee. As days, weeks, and months went by, consumers started to get weary as they were receiving nothing for their money. White kept consumers on the hook by telling them the modifications weren’t easy, and were still in the works.

In response to numerous complaints from homeowners around the Metro-Detroit area, the Attorney General’s Office brought charges against White last Wednesday. Attorney General Bill Schutte announced that the State of Michigan will do whatever it can to dismantle these criminals who prey on the financially unstable.

Citizens who believe they may have been victims are encouraged to file complaints with the Attorney General's Office at http://www.michigan.gov/ag by clicking "Complaints."


If you have questions about financial fraud, please contact Mark Mandell at (248) 380-9976.

Thursday, May 10, 2012

Defrauding Wal-Mart

A recent incident in Blackman Township, MI, reveals that retail fraud is no longer simply switching clothes in a dressing room or sneaking out of a store with merchandise in your purse. Eight Wal-Mart employees were recently suspected of defrauding a Wal-Mart store, for what detectives believe to be upwards of $100,000.

Detective Sgt. Chris Boulter said the group conspired with cashiers to use coupons on ‘non-couponed’ merchandise and did so in bulk. The conspirators would use coupons intended for $50 items, on $200 items; fraudulently saving them hundreds of dollars and allowing them to fund more fraud. Products seized at one suspect’s house totaled $30,000, with police believing that tens of thousands could have already been sold off on the black market.

This instance of retail fraud was one of the largest Boulter has dealt with in his career. In the raided house alone there were hundreds, if not thousands of items to be categorized into evidence. Although only the ‘black market basement store homeowner’ has currently been arrested, police are working on warrants for the other seven conspirators. Retail fraud may be small time shoplifting by kids to organized criminal enterprises.

To learn more about this topic or to see the original article, please visit: http://www.mlive.com/news/jackson/index.ssf/2012/04/retail_fraud_ring_involving_po.html

Tuesday, May 1, 2012

Welcome Home – Drive Normally

Jim Fausone
Veterans Disability Lawyer


A new study by USAA (an insurer that serves members of the military and their families) sheds light on a problem veteran’s face, that most of public doesn’t think twice about; driving to work.

The study took aim at veterans re-adjusting to rules of the road in the U.S., after returning from war-zones and hostile foreign roads. Although the general rules of the road are similar, U.S. troops have their own way of operating abroad. Whereas in the U.S. driving down the middle of the road, speeding, and rolling stop signs will land you in legal trouble, it is common procedure in Iraq and Afghanistan to avoid spontaneous conflicts.

The chart below illustrates the residual effects of combat driving that veterans bring home.  








The study by USAA found that returning troops had 13 percent more at-fault accidents than before they left for service. The U.S. Army had the largest percentage change at 23, while the Marines showed a 12.3 percent increase.

The good news is that the USAA has stated it is not raising any insurance rates in regards to the findings of the study; raising awareness for military safety commanders was the only motive for the research.


If you have veteran disability issues, call Legal Help for Veterans, PLLC at 800-693-4800.  If you have Michigan traffic violation concerns, contact Mark Mandell, Esq. at 248 380-9976.

driving to work, drive normally, combat driving, military safety, USAA

Thursday, April 26, 2012

Super Drunk Driving

Mark Mandell, Esq.


Although it was enacted in October, 2010, a recent incident in Saline, Michigan reminds us that Michigan’s “super drunk” driving law is still making headlines.

Last week a 16-year-old boy driving in Saline, Michigan slid off the road and crashed his car in a ditch after police witnessed him going in excess of 80mph in a 25mph zone. Upon arriving at the scene police quickly realized alcohol was involved and ordered a breathalyzer test, revealing a B.A.C of .17. Being over twice the legal limit, the boy met the standards for being “super drunk”.

According to MCL 257.625, a driver who operates a vehicle with a B.A.C. of .17 or higher can be convicted of being “super drunk”. The charge can result in up to 180 days in jail, a $200 to $700 fine and up to 360 hours of community service. Furthermore, being found “super drunk” mandates the offender to complete a one-year alcohol rehabilitation program and effects driving privileges on their license.

"These aren't people who just had a glass or two of wine at dinner or a party — these are people with alarmingly high blood-alcohol counts, some in the high 0.20s and even into the 0.30s, out drunk in the middle of the day," said Oakland County Prosecutor Jessica Cooper.

Although the fate of the boy from Saline has yet to be determined, “super drunk” convictions certainly aren’t a rarity. Since the law went into effect more than 17 months ago, six drivers a day, on average, are convicted under the statute.

Despite all the convictions it is still unclear whether the law is serving its purpose as a stronger deterrent for drunk drivers in Michigan. “It might be more than a decade before we can accurately measure and calculate what it all means,” stated Cooper.

To learn more and see the original articles, please visit:

If you have questions in this area of law, contact Mark Mandell at (248) 380-9976.

Tuesday, April 17, 2012

Medicare Fraud –Troy, Michigan

Mark Mandell, Esq.


Three laboratory companies in Troy, Michigan are merely another example of our Country’s Medicare system being thoroughly abused.

Coventry Diagnostics LLC and Western Slope Laboratory LLC were both owned by an umbrella company Accela Medical LLC. Through an investigation, the U.S. Attorney’s Office found that Accela had billed for over $6 million in Medicare funds, using a specific billing code more than any other provider in the Nation. Accela turned out to be owned by Thomas McCormick of Troy, Michigan, who was using the company as a front to circumvent his previous Medicare fraud related disbarment.

The investigation turned up $900 worth of urine tests (billed for every patient despite the need) and falsified documents to the government about the ownership of all three laboratories. The $6 million will be repaid as U.S. District Judge Stephen J. Murphy III froze assets including $400,000 in cash, transfer of a North Carolina beach home, $500,000 transferred to a shareholder in Singapore and much more.

U.S. Attorney Barbara L. McQuade commented on the issue.

 This fraud was discovered by analyzing data to flag billing anomalies….Providers should be aware that law enforcement is scrutinizing billing records to identify providers who are stealing from taxpayers."


To learn more and see the original article, please visit:

If you have questions in this area of law, contact Mark Mandell at 248-380-9976.

Friday, April 6, 2012

Retail Fraud

By:  Mark J. Mandell

Lengthy streams of 1’s and 0’s are behind a new area of retail fraud that is taking the nation by storm. With many cash-strapped state governments looking anywhere they can for money, some have come across a tax exploit that a large amount of cash retailers are using to their advantage.

Labeled as a “Tax-Zapper”, this new form of software allows cash businesses to under-report taxable sales and pocket government money. The Zapper software is typically stored on a thumb drive and after the close of a business day is plugged into the cashier’s computer. It then subtracts a total amount, such as $500 dollars, from the day’s sales and recalculates the receipts to conform to the new number.

The software allows the daily customer to remain unaffected, as their receipts are printed out using the true value of the products purchased. However, the new set of ‘books’ and receipts created by the software are sent to the IRS and typically vastly understate actual profit. 

Five states- Florida, Georgia, Maine, Utah and West Virginia have all enacted laws cracking down on the software. It’s estimated that a significant portion of cash businesses, such as those in the restaurant industry, are utilizing this type of retail fraud. In California, the loss from Zappers in 2009 was estimated at $2.8 billion dollars….from the restaurant industry alone!

Maine’s law makes the installation of such software punishable by up to five years in jail and a $5,000 fine. Although only a select number of states have responded to the problem, Max Behlke of the National Conference of State Legislature’s policy department stated, “We’re going to have a huge inundation of these bills next year.”

We can only hope the State of Michigan follows suit.

Wednesday, April 4, 2012

TV Tax Fraud

You won’t be seeing any commercials for TaxMasters any time soon, due to a recent court decision in Texas. A jury handed down a recent verdict, finding that TaxMasters and its predecessor company had committed over 110,000 violations of Texas’ Deceptive Trade Practices Act.

TaxMasters, a Houston-based tax consultation company, misled customers with contract terms and also routinely missed IRS deadlines at their customer’s expense. The court ordered that TaxMasters pay $195 million back in damages, $46 million coming from founder Patrick Cox’s pocket, and the rest from the firm itself.

Unfortunately, TaxMasters filed for bankruptcy earlier in the month and it is estimated that they owe money to up to 5,000 separate creditors. It is speculated that the bankruptcy filing might be a way for TaxMasters to get out from under the $195 million dollar judgment. This would be a huge loss for the defrauded customers, of which $113 million was earmarked restitution for.  

Texas Attorney General Greg Abbott is still happy with the verdict, stating:

“[The] decision marks a significant victory for the Texans and TaxMasters customers nationwide who sought help from TaxMasters with their income tax debts and were taken advantage of in the midst of a national economic downturn."

If you have been the victim of a fraud scheme, contact Mark Mandell at (248) 380-9976 for help.

To learn more or see the original article, please visit: http://money.cnn.com/2012/03/30/news/companies/taxmasters-fraud/index.htm

Friday, March 30, 2012

Medicare Fraud

Mark Mandell

It takes nothing more than Googling the words “Medicare Fraud Strike Force” to realize our country has a growing problem; Medicare fraud.

Since their creation in early 2007, the Medicare Fraud Strike Force (MFSF) has placed charges on over 1,190 individuals who falsely billed the Medicare program for over $3.6 billion. MFSF operates in over nine districts, including Michigan where instances of Medicare fraud are far from rare.

In January, the U.S. Attorney’s Office filed a complaint against Universal Imaging, Inc., a Michigan company that fraudulently received over $1.56 million in Medicare kickbacks (accounting for over 90% of their business).  

More recently in March, three Detroit-area clinic owners pleaded guilty to conspiracy to commit health care fraud. Estimates based off court documents suggest the three clinics billed Medicare for over $5.4 million during the course of their scheme. Each defendant faces a maximum penalty of 10 years in prison and a $250,000 fine.

With dollar amounts easily climbing into the millions and no end in sight, Medicare fraud certainly deserves our attention.

To learn more please visit:


Friday, March 23, 2012

Michigan Cracks Down on Auto Fraud

A few weeks ago, Michigan Gov. Rick Snyder signed a bill into law that takes aim at reducing Auto Insurance Fraud. This type of fraud has been a growing problem in Michigan and can include anything from staged auto accidents, to inflating insurance claims with phony damage estimates and medical expenses.
The new law makes it a felony, punishable by up to 10 years in prison and a $50,000 fine, to act as or employ a runner, capper, or steerer (slang terms for those typically involved in auto insurance fraud).

By implementing the law, Michigan hopes to put money back in taxpayers’ pockets. State residents are ‘footing the bill’ for auto insurance fraud because these instances lead to higher insurance rates; an expense all of us know too well.

More information on the issue can be found at: http://insurancenewsnet.com/article.aspx?id=334817&type=333754


Wednesday, March 14, 2012

Time to Stop Michigan Fraud

Jim Fausone

All you have to do is read the papers or online local news to realize that fraud, waste and abuse in government contracting and programs is running rampant.  I will leave it to the psychiatrists to figure out why human nature leads people to take advantage of government programs.  But the way to stop it is allow anyone to sue and recover from the wrong doer.  This is one state's efforts.

An overhaul of the State of Washington’s Medicaid fraud recovery efforts to cut waste and recover taxpayer dollars was passed by the Legislature. Experts from the National Conference of State Legislatures estimate the cost of Medicaid fraud accounts for 3 and 10 percent of total Medicaid expenditures. Washington spent $8.5 billion on Medicaid last year only to recover less than $20 million in fraud. At its most optimistic, the state’s recovery rate tops out at less than 1 percent so more simply has to be done.

Michigan has a similar statute which is limited to Medicaid fraud.  Let’s open it up and let citizens sue on all government programs.  You can read more about Washington State's efforts at:  http://www.maplevalleyreporter.com/news/142212725.html