When Is A Bribe Not A Bribe?

The LV Sun is reporting that a man has come forward with inside information regarding the UMC patient data leak scandal. If you don't recall the story, UMC was accused back in November 2009 of selling patient information to local attorneys who could then use the info to contact potential clients.

According to the Sun's latest story, UMC was also selling referrals to local doctors. The Sun spoke to Dr. Steven Holper, who claimed that he was approached by the "manager" of a local PI law firm with an "unusual proposal" on how to get patient referrals from UMC: give a gift card to a particular, well-placed employee of the hospital.

Holper, being the upstanding citizen that he is, immediately purchased a $200 gift card to P.F. Chang’s China Bistro and delivered it to Deep Throat ... you know, just out of curiosity. The LV Sun describes the exchange:

Leichty [Holper's girlfriend/gift card mule] told the Sun that the encounter with the hospital employee was awkward, possibly because three people were within earshot of their conversation. She thought the hospital employee expected the visit, so she handed the employee the gift card and explained it was a gift from Holper.

The employee “looked surprised,” Leichty said — and kept the gift card.

Holper later realized there was a hitch to the referral plan: He did not have credentials to practice at UMC, which would be required to accept its patients. The law firm manager urged him to start the process, Holper said.

Awwww maaaannnn! Maybe next time Holper will read the fine print before attempting to bribe someone. Holper, of course, had no idea he was doing anything wrong ... it was all that sneaky "law firm manager":

Parts of the law firm manager’s pitch made Holper wonder if the deal was legitimate. For example, the manager allegedly emphasized it was just a gift card — not a bribe — to help the UMC employee remember to send the doctor patients.

It’s just something nice for Christmas so (the UMC employee will) remember you, Holper recalls the manager saying about the gift card.

So, let's get this straight. Holper managed to make it through medical school, yet somehow was convinced by a "law firm manager" that a bribe isn't a bribe so long as it's paid in Chang's Spicy Chicken? Sounds fish-saucy to us. Holper's justification is even better:

Holper figured the plan would benefit everyone involved. The gift card seemed harmless, he reasoned, and patients who couldn’t pay for their care or were uninsured would benefit because he would not charge them for medical care. Instead, he would refer them to the law firm that, according to the plan, would represent the patient in litigation and use a jury award or settlement to pay the doctor’s fees and its legal fees. Because doctors refer patients to attorneys frequently, he said, there was no problem sending the patients to this law firm.

Yeah, win-win-win. Doctors and law firms working together to achieve a common goal, no problem there ... what could possibly go wrong? Funny how there's no mention of the types of patients that would be referred, just anyone who couldn't pay the doctor's bill. "Been to UMC, you need a check!" ... just doesn't have the same ring to it.

Holper's only regret?

Holper now wonders why the employee accepted the gift card.

“I want my $200 gift certificate back!” he said.

Somehow we think the good doctor is missing the big picture here.

What are your thoughts, commenters? Is Dr. Holper a do-good-know-nothing-whistle-blower, or is something else going on here? We'd love to hear the inside scoop if any of you know which firms are about to be dragged into this mess.

(LV Sun)

Meet the Candidates: Department S

David Churchill - No Response Received

R. Nathan Gibbs

1.Why do you want to be a judge?

My temperament and philosophy are well suited to the Family Court bench. I believe the Family Court needs judges who will listen to litigants and their attorneys. A judge should not jump to conclusions about factual issues before the parties or attorneys have a chance to open their mouths. Bearing in mind time constraints the Court faces due to its caseload, a judge should advise the litigants of any questions or issues from the pleadings he is particularly interested in hearing, then afford each litigant time for a short initial presentation of his or her case before making rulings. However, I also believe that when litigants fail to file timely proper pleadings, and no extension has been requested, the hearing date should be vacated where appropriate, and the relief sought by the other party should be summarily granted.

2. Why are you qualified to be a judge?

I have many years of experience adjudicating fee disputes for the Nevada State Bar. I have spent the majority of my legal career helping individuals litigate child custody, divorce, child support, and related matters, and understand the area of law from a practitioner’s viewpoint. I believe this will allow me to bring common sense and practicality to the bench. I also have a reputation for being fair and honest, which I believe is of paramount importance in a judge.

3. Do you read Wild Wild Law? If so, what do you think of the site?

I only recently became aware of the website and found it very informative and interesting.

Ethan Kottler - No Response Received

Tony Liker - No Response Received

Greta Muirhead

1) Why do you want to be a judge?

I want to be a judge in Family Court because I know that my addition will improve the quality of the current Bench.

2) Why are you qualified to be a judge?

I am qualified to be an 8th Judicial District, Clark County Family Division Judge because I have been a Las Vegas Family Law Attorney for over 19 years. My areas of particular focus have been: child support, custody, visitation and minor and adult guardianships, divorce, adoptions, international child abduction and jurisdictional disputes. Like one of my opponents, I have been a court appointed attorney in abuse and neglect and have represented parents in termination of parental rights proceedings. I have also represented foster children and been a court appointed guardian ad litem for foster children.

I am the first private attorney in the State of Nevada to identify that there is a huge disparity between how the private Family Law Bar and the Family Support Division of the District Attorney's Office, calculates child support penalties. I identified this disparity at the Trial Court level and prevailed, saving my client more than $42,000.00. The issue is currently up on Appeal. The Court's ruling is anticipated to affect tens of thousands of non custodial parents owing child support.

I listen carefully and weigh the evidence before making rulings as an Alternate Child Support/Paternity Hearing Master (March 2002 to present) and Guardianship Hearing Master (April 2006 to present). I was a former Alternate Domestic Violence Commissioner (April 2006 to March 2009).

I am an active member of the State Bar of Nevada Fee Dispute Committee and am regularly assigned mediations and arbitrations.

I juggle married life, parenting, working, running my own business and community service. I do high quality work at middle class rates.

I am able to make "no nonsense decisions" and efficiently run an organized calendar. Very few of my decisions are objected to because I take the time to explain my decisions and rationale.

Top 3 Priorities if elected: 1) Giving everyone “his or her day in court” and a “fair shake,” 2) working hard and smart to improve the quality of justice for Clark County Residents, and 3) Insuring enforcement of existing court orders.

3) Do you read Wild Wild Law? If so, what do you think of the site?

I do read Wild Wild Law. I came across it after Goggling Judge Cheryl Moss' name. I foolishly ran against Judge Cheryl Moss in the 2008 Election. I say "foolish" because I learned that, as a general rule, it is a bad idea to run against an incumbent. Overall, I must like the Wild Wild Law Website because I take the time to read it once or twice a week.

Vincent Ochoa

Website: http://www.vinceochoaforjudge.com

1. Why do you want to be a judge?

I believe, based on my thirty years of legal experience, my prior services and my temperament, that I am ready to serve as a productive member of the judiciary. I have stood on the sideline while individuals without experience or ability were elected to District Court. These individuals have caused injury to the judiciary, the

legal profession and the citizens that have appeared in their court.

2. Why are you qualified to be a judge?

My prior service as a law clerk for a District Judge as alternative Hearing Master for juvenile court, truancy court and alternative Domestic Violence commissioner have provided me an excellent legal preparation for the position of Family Court Judge. In addition, I have prior service as a Deputy Attorney General representing the citizens of Nevada in Abuse/Neglect court and in termination of parental right cases and trials.

My judicial experience includes serving as alternative Judge in North Las Vegas Municipal Court and arbitrator for the District Court. I was elected to the State Bar Board of Governor in 2009.

These positions represent my experience and, just as important, that I have been called to serve because others have trusted my ability and judgment. Recently, the State Judicial Selection Committee selected me twice for consideration for appointment to openings on Family court and the county selection committee selected me as one of five finalists for two Justice of the Peace positions

3. Do you read Wild Wild Law? If so, what do you think of the site?I am not a regular reader. I will try to read it more. I noticed that many on your contributors have strong opinions on various legal personalities and issues.

Rebecca Wallace - No Response Received

Supremes Refer Three To Disciplinary Board

Our Supremes finally got around to looking at what some of our local attorneys have been up to ... and they are not happy. They referred two of our favorites (and one who slipped under the radar) to the State Bar for disciplinary action. From the RJ:

The Supreme Court's Feb. 26 orders apply to Chief Deputy Public Defender Gary Guymon, who resolved his Utah theft case in December by pleading no contest to trespassing; Edward Miley, who pleaded no contest in December to domestic battery and cruelty to animals; and Steven Shinn, who pleaded no contest in June to driving under the influence.

A State Bar disciplinary panel will now look at the individual cases and decide what (if any) wrist-slappery action should be taken.

We covered Mr. Guymon's incredibly strange antics here, and Ed "Randy" Miley's self-destructing, puppy-killing, judge/wife-beating drinking binge here, but we missed Shinn's debauchery. Our bad.

Strangely, Shinn's DUI, though undoubtedly serious, seems tame next to the lunacy of those other two. Maybe he'll get off easy just by luck of the draw.

Guymon is currently at the PD's office, Miley is in private practice, and Shinn works at Michael M. Mushkin & Associates (mushlaw.com? Didn't give too much thought to that website name, eh?)

The RJ also elaborated on the punishments these naughty attorneys received as a result of their crimes:

Guymon:

According to an answer filed Feb. 22 by Guymon's attorneys, he has been seeing a clinical psychologist since April and will pay the $595 fine in his criminal case. The fine is due March 21.

Miley:

According to the Supreme Court order pertaining to Edward Miley, he was sentenced to 100 hours of community service in the battery case. He also was ordered to attend domestic violence counseling and pay a total of $1,000 in fines and fees.

Shinn:

According to the Supreme Court order regarding Shinn, he was sentenced in his drunken driving case to two days in jail, fined $400, assessed $160 in fees and ordered to attend the victim-impact panel.

What do you think, commenters? Any inside information on these three?

(LVRJ; Thanks Tipster!)

Jobs!

I heard a rumor through one of my Delta Nu sisters that the litigation powerhouse Kemp, Jones & Coulthard, LLP is looking for a new cast member. The perfect candidate will have no more than 3-4 years of solid, plaintiffs’-side litigation experience, be a cleverly minded self-starter not adverse to passing weekends and evenings in Class A office space, properly hyphenate phrasal adjectives, and have a passion for exhaustive legal research, high-quality legal prose, and just plain kicking ass. Salary is commensurate with experience and potential, and attorneys eager to obtain a wide range of experience at lightning speed should promptly direct resumes and writing samples to kjc@kempjones.com and reference “Associate Position” in the subject line.

Meet the Candidates: Department F

Ellen J. Bezian - No response received

John Eccles
Campaign Website: http://www.john4judge.com/



1. Why do you want to be a judge?

Unlike many people I know who have aspired to the judiciary for as long as they can remember, it was numerous conversations I have had over the past two to three years with members of the Family Law Bar and Family Law Judges which steered me toward the decision to run for Family Court judge. My colleagues have suggested to me that my experience and demeanor in Family Court have provided me with the breadth of knowledge and attitude necessary to be not just a Family Court judge, but an effective Family Court judge.

2. Why are you qualified to be a judge?

While in law school, I made sure nearly every elective I chose was in some way tied to Family Law. I knew before I graduated that Family Law would be my principal area of practice. Because of a then existing quirky rule, I was able to take - and pass - the Nevada Bar before graduating from law school. Since then, around 85% of my time as an attorney has been spent in Family Law, navigating clients through the Family Court, expanding my knowledge of Family Law along the way. Though many attorneys are loathe to handle Family Law matters, I thoroughly enjoy it. I receive a terrific level of satisfaction in getting clients through the pitfalls and quagmires often associated with Family Law cases. I respectfully submit my training and experience in Family Law, as well as my demeanor, will serve the people of Clark County well once I am elected. For me, Family Court judge is a destination, and one where I believe I will be able to guide the greatest number of litigants through the rigors of Family Law in a fair, efficient and timely manner.

3. Do you read Wild Wild Law? If so, what do you think of the site?

Shortly before receiving the invitation to submit my responses, a friend of mine told me about Wild Wild Law. Not being familiar with this blog, I checked it out, and was depth and breadth of information (and gossip) relative to the practice of law here in Clark County. I have it on my favorites now!

Bill Gonzalez - No response received

Awand Cops A Plea

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?

(LV Now; LV Sun; Thanks Tipster!)

Meet the Candidates: Department C

Steve Jones - No response received

Maria Maskall - No response received

Denise A. Pifer
Campaign Website: denisepiferforjudge.com

1. Why do you want to be a judge?

When I applied to law school it was my dream to work to protect children. I believe that this is best accomplished on the bench.

2. Why are you qualified to be a judge?

I have been practicing solely in the area of family law for fifteen years. I have represented thousands of litigants in family court and have tried hundreds of cases. Additionally, I serve as a conflict public defender for indigent parents in abuse and neglect cases. I am the owner of my own firm, FAMILY LAW GROUP, LLC. I have dedicated my career to assisting families in the areas of divorce, child custody, adoptions, grandparents rights cases, and guardianship cases.

3. Do you read Wild Wild Law? If so, what do you think of the site?

I have read Wild Wild Law and appreciate its humor and honesty. While the mainstream press addresses some issues related to attorneys and our judiciary in Calrk County, only Wild Wild West does it with a truly honest spin.