The third member of the Medical Mafia has taken a deal. Howard Awand was allegedly the coordinator of the local doctors and lawyers who rigged medical malpractice lawsuits and split the profits.Awand, like Kabins, pled (that's right, we're going with pled) guilty to misprision of a felony, meaning he knew about federal crimes being committed but did not immediately report them.
Awand is scheduled to be sentenced on June 25. He faces up to three years in prison and a $250,000 fine, as well as restitution and a period of supervised release. As part of the agreement, the government agreed not to make any sentencing recommendation.
Prosecutors would not say whether this plea ends their investigation into the Medical Mafia shenanigans. We doubt it. A tipster recently sent us a federal court filing (2:10-cv-00282) which named doctors Raimundo Leon, Michael Prater and Mark Kabins, along with the Gazda & Tadayon law firm and he-who-doesn't-blink as defendants. The cause of action sounds strangely familiar:
Racketeering. Plaintiff says three attorneys and their law firms, and two doctors and their practices participated in a scheme by staging fraudulent medical care and treatments, then creating fraudulent billings and insurance claims. The attorneys and physicians sought payment for corresponding injuries to those fraudulent treatments.Could this be the beginning of Round 2?
Drs. Leon and Prater? Oh, NEVER would have thought that! [Said with sarcasm.]
ReplyDeleteKraft
ReplyDeleteLemper
Grover
McNulty
Thalgott
Venger . . .
Kozmary . . .
ReplyDeleteAnyone see this story about Dr. Holper and the UMC leak:
ReplyDeletehttp://www.lasvegassun.com/news/2010/mar/08/source-may-hold-key-solving-umc-data-leak/
Oliveri
ReplyDeleteDunn
ReplyDeleteI've seen all those doctors come up regularly as Plaintiffs' treaters in insurance defense cases, EXCEPT for Kozmary.
ReplyDeleteBut check out his Medicare fraud!!!!!!
DeleteAwand got off pretty light, eh? He'll get no prison and head back to live happily and run his bed and breakfasts. Alls well that ends well.
ReplyDeleteThe case files against Leon, Prater, et al is a civil case, which appears to be brought by a private party. Big difference.
ReplyDeleteThat doctored picture with the hat and stripes made me laugh out loud.
ReplyDeleteNo justice. Kabins keeps his license and avoids prison, Awand and Gage avoid prison. And the big fish in the Medical Mafia remain unindicted. What a joke the US Attorney's office is!
ReplyDeleteMaybe they let Gage, Kabins & Awand off light to get what they need from them to sink the corrupt attorneys.
ReplyDeleteThat's the point. The sweetheart deals cut by Gage, Awand, and Kabins make no requirement and provide no incentive for them to help the government prosecute other dirty doctors and lawyers. These guys are nominal felons at best. They avoid prison and get to go on with their lives and practices.
ReplyDelete6:43 You miss the point. By pleading, they waive their 5th Amendment rights. Incentive? They do not have a choice if the Government subpoenas them. However, will the Government pursue the others is the question. I doubt it.
ReplyDelete2:50 - I do criminal defense work and practice in federal court. Even without 5th Amendment rights, wouldn't you think any questions posed to Awand or Kabins now about one of the other MM members would be answered with a "gee, I don't remember"? The government can subpoena all it wants. If the witness has already taken his (mild) medicine, what additional risk is there in "failing to remember" the details of things that happened 3+ years ago? If you say "perjury", you're really kidding yourself. Do you really think the US Attorney would file new charges against Awand or Kabins now if they said something like "I can't recall what Mr. Vannah did in 2003"?
ReplyDeleteThis Medical Mafia prosecution is over. Everyone knows it, including George Knapp, Jane Morrison, and those at the US Attorney's office who investigated the case. The government couldn't manage to put it all together. Did other lawyers and doctors commit crimes? Maybe. Did the people who pled guilty do the things of which they were originally accused? Maybe. But no one is going to prison and there won't be any more indictments - no doctors, no lawyers, no medical financiers. The US Attorney doesn't want to be embarrassed any further.
There won't be a big change in the way injury cases are handled in Nevada. That's not such a bad thing for personal injury and insurance defense lawyers.
I was involved in a bike accident March 2004 with a Citizens Area Transit bus on Las Vegas Blvd the bus hit me twice, knocking me off my bike and running over my right leg and foot. At the time of the accident I was injured severely and was in a wheel chair for approximately 8 weeks during that time I discovered that I had injured my neck and back. Unfortunately my lawyer is Robert Vannah and I been to see all the doctors mentioned.
ReplyDeleteI have been to court twice March 2007 & March 2010 I wonder if this has anything to do wth my court case.