The Miami Herald has the story.

The calls led to the arrest of Feliberto Ramos, the owner of Miracle Group Rehabilitation Center, for falsely billing Medicare for $3.1 million. In total, Medicare paid Ramos $1.9 million on rehabilitation claims that were never provided to patients. Ramos was ultimately convicted of fraud and received a three year sentence.

Until recently, only three people were manning the hotline which is run by company called SafeGuard. Now, the hotline has about 15 operators and 15 investigators to combat the multibillion dollar Medicare fraud problem in south Florida.

Most of the calls concern false billing. Approximately 15% are for services and goods that were never provided such as mental-health counseling, physical rehabilitation, wheelchairs and medical supplies. The most compelling calls are forwarded to the investigative team. Ultimately, the FBI and federal agents are alerted to the fraud, and in cases like Ramos, arrests are made.

The Medicare hotline is one more tool in the government’s war against Medicare fraud.

The greatest defense, however, is the millions of Americans who work in the health care industry. Our whistleblower attorneys can help health care employees report Medicare fraud and other fraudulent healthcare billing practices by filing what’s known as a qui tam lawsuit. A qui tam suit is a civil action that is filed on behalf of the U.S. government to recover the stolen funds. In many cases, a whistleblower can recover a significant amount of money when the government recovers from the fraudulent provider.

Some cases can involve hundreds of millions of dollars. Recently, federal agents arrested 36 individuals accused of defrauding Medicare and Medicaid out of approximately $251 million. A total of 94 individuals have been indicted so far. The raids involved over 300 agents and occurred in cities in Florida, New York, Louisiana, Michigan and Texas.

The Atlanta Journal Constitution has the story.

In Miami alone, federal agents indicted 33 individuals who are accused of scamming the government out of $140 million. Other cities which authorities targeted were New York City, Houston, Baton Rouge and Detroit.

Federal prosecutors say the schemes which fraudsters are using are becoming more and more advanced. Simple fraud operations have now been replaced by complicated networks of patient recruiters, doctors and clinic owners.

Some of these cases may have started as whistleblower actions. Federal law allows individuals directly aware of billing fraud to bring a lawsuit on behalf of the government. These types of suits are known as qui tam actions. In a qui tam action, an individual whistleblower can expect to earn 15 to 30% of the money that is recovered. In many cases, this amount can exceed $1 million.

Our whistleblower lawyers can help employees blow the whistle on businesses that defraud Medicare and Medicaid by filing a qui tam suit. We are currently investigating several claims similar to the one discussed above, and we expect the government to pick up these cases and pursue recovery from the companies involved in the fraud. Because they were the first ones to disclose the fraud, our clients stand to recover substantial monetary rewards.

Whistleblower actions and qui tam litigation also help curtail government waste and save taxpayers from having to pay for false and fraudulent claims. That's a benefit we can all appreciate.

According to court documents, the taxi driver was an illegal alien who had been previously convicted of multiple DUIs and an aggravated felony.

The Rome News Tribune has the story.

In 2008, the Floyd County Board of Education contracted with Rome Taxi Cab Company to transport school children to and from school. One of the drivers for Rome Taxi Cab Company, Ernesto Guzman, was an illegal alien who had been previously deported from the country after being convicted of three DUIs and an aggravated felony.

On December 3, 2008, Guzman transported our client's daughter, a 14 year old girl, and three other minor school children from their school to their homes. Guzman, however, made several detours including providing the children with beer and cigarettes. He also took turns letting two of the students drive the taxi van. After dropping the three other children off at their homes, Guzman drove our client's daughter to a motel in Chattooga County where he lured her into a room and brutally raped her.

Guzman was arrested two days later by authorities in Floyd and Chattooga Counties for child molestation and enticing a child for indecent purposes. Federal authorities also arrested Guzman for re-entering the county after being deported. He was convicted on the federal charge in May of this year and was sentenced to two years imprisonment.

The lawsuit claims that the Board was negligent in allowing Guzman to transport our client's daughter. The complaint, which was filed last Thursday, explains that the Board violated at least 24 federal and state laws, regulations and policies designed to protect our school children from predators like Guzman. The complaint goes on to state that not a single member of the Floyd County School System met with Guzman or inquired into his criminal background, immigration status, ties to the community, employment history, qualifications, competencies or credentials.

When the Board violated these numerous laws, it exposed our client's daughter to a foreseeable sexual assault. As a result, the Board is liable under Georgia law for the damages that the girl and her family sustained from the rape.

The lawsuit also names the owner of Rome Taxi Cab Company, Francisco Delacruz, as a defendant for negligently allowing Guzman to transport school children.

Merck is no stranger to lawsuits alleging defective pharmaceuticals. Recently, Merck agreed to pay out a $4.85 billion settlement in response to 50,000 lawsuits that were filed by patients who took the popular painkiller Vioxx. Many Vioxx patients alleged that the drug caused strokes and heart attacks.

Our product liability attorneys are able to help patients such as Ms. Boyles who have been harmed due to a drug manufacturer's negligence. All too often, drug companies place patients at risk by putting dangerous and defective drugs in the marketplace. In many cases, dangerous side effects such as heart attack, stroke, angina, kidney failure, IBS, bone degeneration, behavioral changes and even wrongful death are the result. When a defective drug results in an injury, the injured patient has a right to file a lawsuit against the drug maker to recover their losses and to punish the drug company for the harm it caused.

WTOC has the story.

Clifford Grevemberg and his brother went to order food at the Rock House Bar and Grill after attending Tybee Island’s Beach Bum Parade on May 21. Clifford, who is 18 years old, suffers from autism. Because Clifford was under 21, he was forced to wait outside the grill while his brother ordered food inside. Tybee officers say they approached Clifford while he was waiting outside and asked to see his ID. At some point during the encounter, Clifford was forced to the ground and tased. According to police reports, officers believed that Clifford was intoxicated although his family denies that claim.

Jason Buelterman, Tybee Island’s mayor, asked the GBI to investigate the matter to determine if police violated the law. Since the tasing, Police Chief James Price and a supervisor have been suspended. In addition, three officers who were involved in the altercation have resigned.

The Chatham County District Attorney’s Office must now decide whether it will bring criminal charges against the officers for using excessive force. It is currently unclear as to when the DA’s Office will announce its decision.

In response to the incident, Clifford’s family has filed suit against the city and the officers involved in the tasing.

While Tasers can be a useful and non-lethal tool for law enforcement, they are all too often used excessively, improperly or on persons with sensitive medical conditions. Victims of such police abuse can file suit against the police department and individual officers in an effort to hold the police accountable and to recoup any damages that were sustained from psychological or physical injuries.

CNN has the story.

The most anticipated initiative is the “do not pay” list. The list is expected to solve the federal government’s problem with keeping tabs on private contractors. In many cases, one federal agency will ban a private contractor for fraud or abuse while another federal agency will hire the same contractor. In other words, the right hand doesn’t know what the left hand is doing. The new “do not pay” list will be provided to all government agencies to ensure that banned contractors are not hired by any federal agency. Agencies have also been ordered to review all government databases before paying private contractors.

Officials are hopeful that the new programs will also aide in the fight against Medicare and Medicaid fraud. In 2009 alone, the government estimates that Medicare and Medicaid were swindled out of $65 billion. Medicare accounted for $47 billion of the fraud.

The White House is also developing ways to stop payments to dead people and convicted felons. In the past three years, the federal government paid 20,000 dead Americans an estimated $180 million. In addition, around 14,000 incarcerated felons also received federal funds.

The new programs are part of an overall framework in the government’s ongoing battle against fraud. The most powerful weapon, however, are the millions of employees who work for private contractors and healthcare companies that receive federal funds. These employees are the first to see the fraud and often the only ones with the power to stop it.

Under federal law, an employee or “whistleblower” that sees evidence of such fraud may bring a suit against their employer on behalf of the U.S. government. These law suits are known as “qui tam” actions. In many qui tam cases, it is not uncommon for whistleblowers to receive millions of dollars for simply stepping forward.

With the President bringing attention to the nation’s serious fraud problem, the number of qui tam suits filed by employees is expected to grow.

Our qui tam lawyers are able to help these whistleblowers file suit against corporations and businesses that defraud the government. While qui tam suits are often the only way to hold corrupt companies accountable, we recognize that many employees are hesitant to file suit against their own employer for fear of retaliation. It is important for whistleblowers to understand that federal law protects employees who bring a qui tam action from any type of retaliation.

Lawyers in the case predict that similar RICO lawsuits will soon be filed in Georgia as well as in other states with high immigration rates.

The Atlanta Journal Constitution has the story.

What made the Mohawk lawsuit unique is how the suit was brought. The employees alleged violations under the Georgia and federal Racketeer Influenced and Corrupt Organization act which is commonly referred to as RICO. RICO was originally used by federal authorities to prosecute organized crime. Today, however, the use of RICO has expanded to labor lawsuits involving large corporations. This case expanded its use even further to include labor suits in which a corporation has hired illegal aliens.

Corporations involved in industries such as poultry processing, manufacturing, agriculture, carpet and flooring, and other industries which attract immigrants are expected to see the largest increase in similar RICO lawsuits. This may be especially true for businesses in Georgia, since many of the areas outside of metro-Atlanta are home to these types of industries.

To bring a RICO suit against a corporation in Georgia, a plaintiff generally needs to show that the corporation engaged in a pattern of unlawful conduct. In the Mohawk case, the pattern was the alleged consistent hiring of illegal immigrants. If successful, plaintiffs in a RICO lawsuit are entitled to three times the actual damages sustained. A plaintiff may also be entitled to punitive damages in order to punish and to deter the corporation from committing crimes in the future.

Our firm has successfully handled several RICO lawsuits in which a corporation repeatedly violated the law in order to maximize profits. In our experience, the filing of a RICO lawsuit is often the only way to hold such a corporation responsible for the harm that it has caused. In many cases, a RICO lawsuit will also prevent future abuses of employees and consumers.

The Atlanta Journal Constitution has the story.

Currently, about half of the children in state care reside in private facilities. That number comes to about 4,000 children. Ten years ago only 10% of foster children resided in private facilities. And while numerous rules and regulations are in place to protect children from abuse and neglect, state monitors have not been able to keep up with the dramatic increase in private foster and group homes. The failure to adequately monitor these private homes has also meant a large increase in violations. In many cases, these violations simply go unnoticed or unpunished.

In total, there are 336 private agencies in Georgia which place children into foster homes and group homes. Since 2008, the state has issued approximately 1,100 citations to 300 of these homes for foster care violations. However, the state doled out fines in only 7% of those cases. When fines were issued, the median amount was only $500. Perhaps most shocking of all is the amount of state funding that many of these private agencies receive. For example, 100 of the 336 agencies received approximately $55 million in direct funding from the state last year. Of those agencies, 90% have been cited for violations since 2008.

Some violations are simply technical in nature. However, in many cases, state officials have excused or overlooked serious, and repeated, violations. In one case, the state turned over an abused, autistic 8-year-old boy to the care of Trek, a foster care agency operated by the Lookout Mountain Community Services Board. Trek then placed the boy into a contracted foster home. Around the same time, Trek also placed a 17-year-old boy with a long and documented history of sexual problems into the same foster home. A month later the 17-year-old molested the 8-year-old. An investigation revealed that Trek never told the house parents about the 17-year-old's problems or tendencies. In response to Trek's negligence, the state of Georgia issued Trek a $300 fine.

Benchmark Family Services of Jonesboro and Choices for Life of Georgia in Valdosta also committed similar acts which resulted in the sexual abuse of foster children. However, no fines were issued in those cases.

The abuse that foster children suffer is not always sexual in nature. For instance, a foster parent for Bethany Christian Services of Atlanta left a wheelchair-bound child alone on several occasions. On one such occasion, a social worker found the child lying on the basement floor in his own excrement. His wheelchair was later found upstairs.

Other cases deal with an agency's attempt to control a child's behavior. In one case, Mercy's Door in Dalton allegedly performed a forced exorcism on one of its foster children. Other agencies try to drug their foster children in order to make them more compliant. The Youth Estate group home near Brunswick, which is run by Morningstar Treatment Services, apparently used anti-psychotic drugs on children any time they would "act up." Morningstar received two warnings before the state finally issued a $450 fine.

The state's unwillingness or inability to enforce the regulations governing foster care homes leaves foster children with few advocates or protections. And the children who have been abused or neglected often have no recourse or hope of receiving the counseling they need and deserve. However, there is hope. Under Georgia law, abused foster children can file suit against the foster agency and foster home which committed or allowed the abuse.

Our firm recently filed suit against Turning Point Homes, a group home in DeKalb County, for allowing our clients to be repeatedly sexually abused. As in every foster home abuse case, we hope that by filing suit we can punish those responsible and attain the funding our clients need to carry on a normal life. We also hope that our efforts will prevent future abuses from occurring to other children trapped in Georgia's foster care system.

Georgia Public Broadcasting has the story.

A qui tam law suit is when an individual sues a business for defrauding the government by filing a false claim. Qui tam law suits are most commonly filed in connection with health care fraud although virtually any type of company may be sued. To succeed in such a law suit, a whistle blower needs independent and direct knowledge that a business has defrauded the government. Whistleblowers are typically employees of the business being sued, since generally only employees are privy to such information.

If a qui tam suit is successful, a whistle blower can expect to be awarded 25 to 30 percent of the amount that is recovered. However, in some cases, the government will decide to take over the case. In those situations, a whistle blower can expect to earn 15 to 25 percent. It is not uncommon for whistle blowers to recover millions of dollars especially if the fraud was pervasive or if the law suit concerns a large corporation.

In the recent Waycross hospital case, the nurse filed suit after she saw a doctor puncture an artery of a patient during surgery and then abandon the patient. That patient later died. U.S. District Attorney Ed Tarver announced that his office was taking over the case after discovering that the hospital’s actions may have been profit-driven. According to Tarver, the hospital knew the doctor in question was not credentialed to conduct that type of surgery but allowed the doctor to do so anyway. The DOJ also believes that Medicaid and Medicare paid for treatments that were unnecessary.

Aside from unnecessary treatments, a qui tam action may be proper anytime an employer over charges, bills for something that never existed, produces inferior goods, or uses false or stolen identities in order to defraud the government out of money.

Our whistle blower lawyers are able to help employees and individuals file suit against companies that defraud the government. We understand that many employees are hesitant to speak out against their employer; however, it is important for employees to know that federal law protects whistle blowers from retaliation by their employers.

In the latest false imprisonment case, a customer of the Atlanta W Hotel claims that multiple staff members tackled and detained him for criticizing a manager. The customer is seeking $250,000 in damages. The Atlanta Journal Constitution has the story.

Filing a lawsuit against a business or corporation for false imprisonment used to be a difficult endeavor. However, a recent appeals court decision, Ferrell v. Mikula, has clarified the law and made it easier for customers to hold businesses accountable.

Generally, unless there is some recognized justification, a business can be liable for false imprisonment if the actions of an employee cause a customer to be falsely arrested.

In many cases, the issue of false imprisonment arises when a customer is detained and arrested for shoplifting. A shopkeeper in such a case is generally liable unless he can show that a reasonable person would have believed that the customer was shoplifting. A shopkeeper must also show that the manner and length of the detention were reasonable.

The Atlanta W Hotel case is a good example of false imprisonment if the customer’s claims prove to be true. The complaint alleges that the customer, Michael Pelkey, criticized the hotel manager after the manager made derogatory statements about America in the hotel bar. The bartender then told Pelkey to leave and Pelkey complied. However, while walking back to his room, Pelkey claims that he was tackled, handcuffed and detained by five to six staff members. The staff members then allegedly dragged Pelkey outside into the parking lot. Staff members called the police an hour later, and when police arrived, they told officers that Pelkey was intoxicated and was trying to start fights. Pelkey was then arrested.

If successful, Mr. Pelkey, or a similar plaintiff, may be able to recover damages for emotional distress, physical harm and loss of reputation. In cases where the customer is assaulted or if the business acts with malice, the injured customer may also seek punitive damages. Punitive damages are designed to punish the offending business and to deter it from falsely imprisoning customers in the future. In some cases, these damages can be significant.

Legal analyst and Atlanta trial lawyer Page Pate shared his analysis of both opinions and what they mean for the future of the Court.

The first case involved a piece of tort reform legislation which requires a patient injured by an emergency room doctor to show that the doctor committed gross negligence. Gross negligence is defined as failing to exercise the slightest degree of care. State legislators claim to have instituted the heightened standard in an effort to make malpractice insurance more affordable. The Court’s 4-3 majority reasoned that such a rationale was a legitimate reason.

Pate explained that under the former Court there most likely would have been a different result: “I think Justice Sears was always concerned about leveling the playing field for litigants, especially plaintiffs who had been injured by medical malpractice actions.” According to Pate, the Court may have changed course with addition of Justice Nahmias: “This opinion now gives [doctors] greater protection, at least in the emergency room context, than prior Georgia cases ever did.”

The second controversial ruling upheld a state law which requires individuals convicted of falsely imprisoning or kidnapping a minor to register as a sex offender. A criminal defendant convicted of false imprisonment challenged the law arguing that it was cruel and unusual punishment. The Court ruled that registration is merely a “regulatory” provision and therefore not punishment.

Pate told WABE listeners that he believes the Court got it wrong. Pate explained that, “not only do you have to notify the local sheriff of where you live and what you’re doing, but it also creates restrictions: where you can live, where you can work, with whom you can associate. So it is very much a type of punishment that is in addition to whatever sentence a person may receive.” The law has been widely criticized by many including some Georgia sheriffs who say that the law takes resources away from monitoring offenders who actually committed sex crimes.

Pate also told WABE listeners that in the past the Court has been “focused on precedent and trying to reach the right result in many cases. . . a court that really seems to not hesitate if they need to strike down a piece of legislation that is unconstitutional or was not enacted in a way which benefits all Georgians.” As for the current Court, Pate believes that there has been a marked change: “I’m not sure if that’s because of political pressures that the judges may have faced or the addition of this newest justice, Justice Nahmias. But I do think that the kind of liberal-conservative labels that people use to talk about United States Supreme Court Justices may now start to apply with our state Supreme Court justices.” Pate went on to say that, “we may start to get to the point where we can define the court one way or the other or at least in voting blocks one way or the other.”

In the I-20 Cobb County case, the victim, Lance Cpl. Gregory M. Suedmeyer, had just returned home from Iraq at the time of the wreck. The wrong-way driver, Brue Quayle, had traveled the wrong way on I-20 for more than a mile before striking Suedmeyer’s vehicle head-on. Suedmeyer’s wife was also seriously hurt.

Such stories of reckless driving are unfortunately common across Georgia and the country. In fact, reckless driving has been designated the number one killer for young adults in America. In the vast majority of these cases, the driver at fault was engaged in some preventable conduct such as drinking alcohol, speeding, texting, not paying attention to the road or some other form of reckless driving.

While a car wreck can steal lives and a sense of normalcy, it can also be very expensive. Medical bills, counseling, lost wages and physical and emotional suffering can often cripple a family’s financial well-being. Georgia law allows for the recovery of these losses if the injured party can show that the other driver breached a duty, such as violating a traffic law, and that the violation caused the injuries. In the I-20 Cobb County case, the wrong-way driver is most likely liable for these damages, since he clearly violated a traffic law which led to the injuries.

In the tragic case of a death, the law allows a victim’s family to recover for wrongful death. Wrongful death damages consist of the full value of the victim’s life. This includes an economic element, which is the amount of money the victim would have earned over the span of his or her life, in addition to an intangible element.

A victim or a victim’s family may also seek punitive damages when the driver at fault commits an egregious act such as drinking and driving, or as the case above details, driving the wrong way on a major interstate. Punitive damages are meant to punish the offender for acting with such willful disregard for human life.

While money can never replace what a reckless driver has taken, it can help a family begin the process of recovery by paying for quality medical care, counseling and lost paychecks.

The Atlanta Journal Constitution has the story.

One of the largest complaints by home owners is that lenders can continue to foreclose on a home even if a homeowner has enrolled in the relief program. If the new policies go into effect, a mortgage company would be required to halt any legal proceedings as soon as a borrower enrolls. Moreover, if a borrower is rejected from the program, he or she may appeal the decision within 30 days. During those 30 days, a lender would not be able to carry out a foreclosure sale.

At Pate & Brody, we have seen many homeowners who have not been treated fairly by their mortgage companies. When a home owner is not being treated fairly, we can often step in and stop a foreclosure sale from taking place. It may also be appropriate to file suit against the mortgage company to recover damages for the harm caused to the home owner. The amount of recovery in such cases can often be significant.

Georgia Public Broadcasting has the story.

Georgia’s Department of Health and Human Services found that the Senior Care Center did not address pressure sores and failed to monitor bowel movements. Moreover, investigators found that the Center was managing patient funds without ever receiving permission to do so. The state agency has recommended a fine of $550 per day until the violations have been brought into compliance with federal law.

The 200-bed nursing home was originally shut down by the state in 2007 for safety reasons. Southeast Georgia Health System then bought the nursing home in 2008.

Our personal injury attorneys have been fighting on behalf of abused nursing home patients for years. Georgia law provides nursing home residents with a Bill of Rights that entitles every resident to adequate and appropriate treatment and care. Residents are also entitled to treatment and care that is in compliance with all laws and regulations. When a resident is injured, suffers or dies because a nursing home failed to provide adequate care, the resident or resident’s family may bring a civil suit against the home for damages. By filing a civil suit, an abused resident can often recover a significant sum of money as well as prevent the abuse of future residents.

The Atlanta Journal Constitution has the story.

The idea that a person who possesses an image depicting child pornography is somehow responsible for the harm caused to the child is a novel one. Some federal courts have denied awarding victims any money at all. Others have scolded prosecutors for not seeking restitution. For federal courts that do allow for restitution, the amount can be significant. For instance, two Florida courts awarded victims over $3.2 million. Another Connecticut court awarded a victim $130,000.

Victims are notified when a person is caught with an image of them due to the Crime Victims Rights Act of 2004. Prior to the Act, victims had no way of knowing when someone was caught with their photographs or videos. Now, a victim in Georgia may seek restitution from someone convicted of downloading their images online on the other side of the country.
Advocates believe that restitution is a powerful tool in the fight against child pornography. Moreover, many victims desperately need the money for medical bills, psychiatric counseling, lost wages and attorneys’ fees.

On the other side of the coin, some defense attorneys would point out that only the people who produced the images caused the damage. Others say that the matter should be taken up in civil court. And while it may take the courts years to come to a consensus on the law, some victims are using this window of opportunity to punish those who obtained their illegal images.

Our crime victims attorneys have been successfully representing sex crime victims for years. In our experience, the criminal justice system often excludes victims from court proceedings. Allowing victims to seek restitution in criminal cases can give them a voice in court and give them a chance to recover the damage that was done to them. A good victims’ rights attorney will educate and pressure prosecutors and the courts to seek and award restitution on behalf of victims. The early intervention of a victims’ rights attorney may also save victims the pain and expense of having to file suit in civil court.