“A 71-year-old criminal defense lawyer in Melbourne, Florida, was arrested Saturday for allegedly using his legal practice to recruit clients into a prostitution ring that he ran out of his home,” report Law.com, the Orlando Sentinel, the Miami Herald and WESH.

“The lawyer, John Gillespie, was arrested in a sting operation.”

Gillespie ran unsuccessfully to be the Orange-Osceola public defender as a Republican in 2004.’

The Orlando Metropolitan Bureau of Investigation cited evidence that Gillespie ‘would initiate women he represented on criminal charges into prostitution or exchange sex acts for legal fees.'”

“The agency began investigating after a former law firm employee said she had helped Gillespie recruit women and girls into sex trafficking, according to an arrest warrant cited by the Orlando Sentinel.”

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“An Ohio attorney who stole from and overcharged a client nearly $129,000 was indefinitely suspended by the state’s highest court,” reports Melissa Heelan in Bloomberg Law.

“The Dublin, Ohio, lawyer first began working for the client, who suffered from mental illness, alcoholism, and depression, in 2015, the court said. His then-firm agreed to represent her pro bono for $20 per month. But Buttars entered into a separate written fee agreement, agreeing to represent her “in any capacity” for an hourly rate of $250.”

“The client told Buttars that even though she couldn’t pay him right away, she was going to receive ‘a substantial inheritance’ from her mother when she passed away, the court said.”

“After the mother died in 2015, Buttars—who soon after formed his own firm—administered the estate and did various nonlegal, personal jobs for the client, according to the court. He helped her look for a new apartment, mowed her lawn, and went shopping for her. He sometimes charged his hourly rate of $250 and at other time the paralegal rate of $150 per hour, the court said.”

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“A 2018 Sixth Circuit panel upheld a jury verdict convicting Dr. Richard Paulus of submitting fraudulent medical claims. That same panel, with 2020 hindsight(!), reversed that conviction. It held that the trial court’s order unconstitutionally blocked exculpatory evidence,” reports Thomas Zeno in Squire Patton Boggs case updates.

“The ‘twisted’ history of the verdict began when a jury deadlocked twice and needed an Allen charge in order to convict Dr. Paulus of billing angiograms that were unnecessary.  The trial court rejected the jury’s verdict and set aside the conviction: a doctor’s decision about the degree of blockage of an artery was a matter of subjective medical opinion that ‘could be neither be false nor fraudulent.’  The government disagreed and appealed.  (Double jeopardy does not prevent appeal of a judgment of acquittal after verdict.)”

“In the first appeal, the panel (McKeague, Batchelder, Griffin) recognized the difficulty of distinguishing a fraudulent medical opinion from mere expert disagreement.  Relying on the U.S. v. Persaud, however, the panel reaffirmed that fraud occurs when a doctor deliberately inflates artery blockage in order to bill for unnecessary procedures.  The panel emphasized that “it is up to the jury – not the court – to decide whether the government’s proof is worthy of belief.”  Deferring to the jury, the panel reversed, reinstated the conviction, and remanded the case for sentencing.”

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“There is nothing much better for a litigator/baseball fan than when these two interests collide.  One of the highpoints of my legal career was successfully representing a major league baseball player (Pat Kelly) in his salary arbitration with the Yankees.  So I was pretty excited when the case Olson, et al. v. Major League Baseball, et al. was filed this year in the SDNY.  Maybe not as excited as if I would have been if I were involved in the case myself, but in these times we have to take what we can get,” discusses Edward H. Rosenthal in Frankfurt Kurnit Klein + Selz‘ blog.

“Olson was a putative class action brought by individuals who participated in DraftKings fantasy baseball competitions. The plaintiffs sued Major League Baseball (“MLB”), MLB’s marketing entity called Major League Baseball Advanced Media, L.P. (“MLBAM”), the Houston Astros and the Boston Red Sox alleging that plaintiffs’ fantasy baseball efforts had been harmed by virtue of the electronic sign-stealing scandal that has been revealed over the past few months. In a nutshell, the Astros were found to have devised a system using cameras to relay the signs the opposing team’s catcher was giving to its pitcher by sending the signs to a player or coach situated behind the Astros dugout.  The recipient of the video would then convey the pitch information to the batter by banging on a trash can.   It is undoubtedly true that a batter’s knowledge of the pitch about to be thrown enhances his chances of a successful time at the plate.  While sign-stealing is not in and of itself illegal (it’s a time honored tradition for baserunners to try to figure out the sign being given by the catcher and then convey that information to the batter), the rules of baseball specifically prohibit electronic sign stealing.”

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“Directors of the Tulare Local Health Care District (TLHCD) voted  … to file a formal complaint against their former attorney with the California State Bar Association,” reports Dave Adalian in Valley Voice.

“’This is a mechanism to remove a bad apple from the profession,’ said TLHCD director Xavier Avila before the board voted unanimously to approve making the complaint. ‘If you’re driving down the road and you see an obstruction, a branch laying in the way, you remove it.’”

“Avila was describing the TLHCD’s former general counsel Bruce Greene.”

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“In April 2019, a federal jury found seven defendants associated with the Forest Park Medical Center (FPMC) in Dallas, Texas guilty on charges of conspiring to pay or receive health care bribes. The defendants in United States v. Beauchamp were convicted of collecting over $200 million dollars in a kickback scheme under which doctors were paid to refer patients to FPMC,” reports Alan J. Bozer and Joshua Glasgow in Phillips Lytle’s articles.

“Prosecution of this case was in many ways unsurprising. In 2018 alone, the federal government prosecuted more than 30 health care fraud cases yielding over $2.5 billion dollars in settlements and fines. The Beauchamp case is notable, however, because of the particular charges filed by the Department of Justice (DOJ).”

“In addition to alleging violations of the Anti-Kickback Statute … the government charged several defendants with violating the Travel Act of 1961 … an anti-racketeering statute that is rarely used in health care fraud cases. This novel use of the Travel Act may foreshadow a new government enforcement strategy that could broaden the scope of liability for uninformed physicians and health care administrators across the United States.”

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“A federal district court in Massachusetts recently ordered Minneapolis based Coloplast to pay over $760,000 to Plaintiff, Amy Lestage, for retaliating against her after she and others filed a whistleblower complaint against the company,” reports Jolena Jeffrey in Katz, Marshall and Banks’ Whistleblower Law Blog.

“In December 2011, pharmaceutical whistleblower, Lestage, along with two former Coloplast employees filed a False Claims Act (FCA) qui tam action against the company, Byram Healthcare, and other large distributors of medical devices and services related to medical conditions and surgeries such as incontinence and ostomy.  The qui tam action alleged that Coloplast and some of its distributors engaged in an illegal kickback scheme to inflate their Medicare and Medicaid reimbursements and thereby defraud the federal government.  The qui tam action was unsealed on November 20, 2014, and the names of the relators, including Lestage, became public knowledge.”

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“One after another, like dominos, court systems are shutting down or moving to drastic restrictions. In the process, court dates are being pulled and cases are moving into limbo. As that happens to your own once trial-bound cases, you think, ‘What now?’ What do you do with the time that you now unexpectedly have as your case is put on pause?” asks Dr. Ken Broda-Bahm in Persuasive Litigator.

“Clients will often issue a ‘Stop work’ notice, thinking, ‘Let’s put a pin in it, package everything so it’s fresh, then revisit the situation down the road, closer to the new date.’ Limiting the expenses is, of course, a worthwhile goal, particularly now that the economy is moving into limbo as well. But sometimes, the decision to call an abrupt and complete halt can be more penny-wise than actually wise. When a pause is created, not just by the current Coronavirus measures, but by any delay or uncertainty over a court date, that pause can be an opportunity.”

In this post, Dr. Broda-Bahm shares seven ideas on how to make the best use of an unexpected delay.

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“Amid investigations, litigation and public scrutiny over allegedly exorbitant executive compensation at the Florida Coalition Against Domestic Violence, Tiffany Carr, the woman at the center of the maelstrom, has remained almost silent,” reports The Gainesville Sun.

“But a lawyer who represents Carr, the former CEO of the nonprofit organization, provided a glimpse in a court filing into her defense against accusations that she misspent public funds meant for the state’s domestic-violence centers.”

“Gov. Ron DeSantis, Attorney General Ashley Moody and House and Senate leaders in recent weeks have vilified Carr for orchestrating $7.5 million in compensation over three years, which included more than $4 million in paid time off. Inquiries into the nonprofit’s finances have also targeted the coalition’s executive staff and board of directors, who each year signed off on her salary and benefits.”

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“A Eureka lawyer accused of trafficking drugs and maintaining a drug house says he “was entirely framed” as a result of the clients he represents and at least one of the charges against him isn’t legally sufficient,” reports Sonia Waraich in Times Standard.

“Acosta is being charged with three felonies — maintaining a drug house, selling illegal drugs and selling prescription drugs — and entered a demurrer at his arraignment Thursday contesting the validity of the first charge.”

“The hearing was continued to Friday to allow the prosecution to look into whether the proper procedure was being followed.”

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“A Hardwick lawyer was arrested for the second time this year after he allegedly violated a restraining order by sending his former girlfriend a legal form letter using their landlord as an unknowing go-between,” reports Kim Ring in Worcester’s Telegram.

“Donald W. Stolgitis, 51, of Avalon Drive, West Brookfield, was in court Thursday to face a charge of violation of a restraining order after his girlfriend, who still lives in the rented home they shared, received a notice to quit, essentially ordering her out of the house for nonpayment of rent, court records show.”

“Stolgitis was ordered in February to have no contact with her, even through a third party.”

“Michelle Valley said she was immediately suspicious of the notice because the certified letter arrived in a pink envelope like the one Stolgitis told her he’d forgotten at his father’s house when he presented her with a valentine card in February, according to a police report. Pink is her favorite color, she wrote, adding that she saw the move as intimidating.”

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“In an important lesson for both employers and employees a California superior court judge affirmed a $179 million arbitration award against a former Uber executive, Anthony Levandowski, for stealing Google’s trade secret information and soliciting its employees to benefit Uber. See Google LLC v. Levandowski et al., Case No. CPF-20-516982. Levandowski, who also faces criminal charges from the U.S. Attorney’s office for theft and attempted theft of trade secrets, filed for bankruptcy following the judge’s order,” reports Aaron Goldstein and Jasmine Hui in Dorsey’s Publications.

“The court’s ruling underscores the importance of well-crafted confidentiality, non-compete, and non-solicit agreements. Over the course of Levandowski’s employment with Google, he signed at least four separate agreements which included either non-compete, non-solicit, confidentiality, and nondisclosure provisions, or a combination thereof. The panel of arbitrators in the underlying case held, among other things, that Levandowski breached these employment contracts with Google by misusing Google’s confidential information and attempting to solicit Google employees.”

“Google hired Levandowski in 2007, where he co-founded the company’s autonomous vehicle project, which later became Waymo, LLC. In 2015, Levandowski left Google and formed a new self-driving company, Ottomotto, Inc. In 2016, Uber acquired Ottomotto, Inc. and hired Levandowski to head its autonomous vehicle department. Shortly thereafter, Google filed two arbitration demands against Levandowski and another former Google employee who moved to Uber.”

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“The most disciplined lawyer in the history of the state of Tennessee has been arrested again on new charges. Hendersonville lawyer Andy Allman known for a lavish lifestyle and accused of cheating or stealing from 127 clients was arrested” March 9, 2020, reports Dennis Ferrier in Fox17 Nashville.

“Allman was arrested for impersonating a lawyer and theft of more than $10,000. These new charges come just one week before his Sumner county theft trial.”

“A State of Tennessee indictment accuses Allman of ‘unlawfully and falsely hold himself out as a lawyer to Mario Herrera, against the peace and dignity of the State of Tennessee.’ The indictment states that from December 16, 2014 to about March 3, 2020, Allman unlawfully took $54,269.11 from Herrera without Herrera’s effective consent.”

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“The Ohio Supreme Court has suspended an Olmsted Falls attorney who repeatedly violated a protection order, lied to police about violating the order and tested positive for cocaine use, which violated the terms of his probation,” reports Dan Trevas in the Highland County Press’ Headlines.

“In a per curiam opinion, the Supreme Court suspended Anthony M. Piazza for two years, with one year stayed with conditions, based on repeated violations of court orders between July 2017 and March 2019, as well as failing to comply with the rules for operating his client trust account. The second year of Piazza’s suspension was stayed as long as he does not commit further professional misconduct and obtains an assessment from the Ohio Lawyers Assistance Program (OLAP).”

“Chief Justice Maureen O’Connor and Justices Sharon L. Kennedy, Judith L. French, R. Patrick DeWine, Michael P. Donnelly, and Melody J. Stewart joined the opinion Feb. 25.”

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“Brittny Lewton, a district attorney who represents seven counties on Colorado’s Eastern Plains, was indicted Thursday by a grand jury on drug and official misconduct charges,” reports Sam Tabachnik in the Denver Post’s Crime & Courts.

“On Friday morning, Lewton turned herself in to the Logan County Jail, said Stan Garnett, the former Boulder County district attorney who is serving as Lewton’s lawyer.”

“The indictment and the arrest affidavit remain suppressed.”

“Lewton, the 40-year-old lead prosecutor for the state’s 13th Judicial District, faces three counts involving controlled substances, including possession and conspiracy, and one count of official misconduct, according to Logan County District Court records. A judge gave her a $10,000 personal recognizance bond.”

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“A certificate of insurance is a document, normally issued by an insurance broker, that supposedly verifies the existence and terms of an insurance policy,” write Gene Killian in The Killina Firm’s Fraud.

He discusses how “It’s common in the construction industry, where contractors and subcontractors are generally required to carry certain types of coverage, but really, the insurance card in your car is also a kind of certificate of insurance. The certificate of insurance is one of the most important documents that you can review in connection with your business contract, because if something goes wrong, you may need to tap that coverage.”

“The problem is, when it comes to enforcing the terms of the coverage reflected on the certificate of insurance, the certificate of insurance is essentially worthless. It’s just a written statement by an insurance broker, not an actual policy.  While it might get the broker or policyholder into trouble for negligence or misrepresentation if it’s not valid, it creates no rights against the insurance company.”

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“Now more than a half a year into his house arrest, environmental attorney Steven Donziger received a passionate recommendation to receive his law license back on Monday from the officer presiding over his bar proceedings in New York. ” reports Adam Klasfeld in Courthouse News Service.

“My recommendation is that his interim suspension should be ended, and that he should be allowed to resume the practice of law,” bar referee John Horan declared.”

“For his role in obtaining a $9.8 billion judgment against Chevron, Donziger has faced the threat of financial ruin from enormous legal fees, criminal prosecution and the suspension of his law license. He has spent more than six months wearing an ankle bracelet in his apartment in New York’s Upper East Side, pursued for the better part of a decade by one of the world’s most powerful oil companies after zealous litigation that one judge labeled a fraud.”

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“An Orange County lawyer who represents clients in criminal defense cases faces federal charges of her own after being accused of conspiring to sell firearms without serial numbers, also known as ‘ghost guns.'” reports Brandi Hitt in Eyewitness News ABC 7.

“Federal agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives say 41-year-old attorney Melinda Romines was allegedly trying to sell the guns by acting as a broker between black market dealers and customers.”

“The weapons are referred to as ‘ghost guns’ because it is difficult to trace them.”

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