Elder Justice Prosecutor Samples
Settlement Agreement between the U.S.; the State of Texas; the Texas Health and Human Services Commission; Regency Nursing and Rehabilitation Centers; and the Regency Settling Parties, regarding allegedly improper Medicare and Medicaid claims. The settlement includes monetary payment and terms for payment. (4/2009)
Report compares the staffing levels and deficiencies in the largest for-profit nursing home chains and chains owned by private equity companies. By Charlene Harrington, Brian Olney, Helen Carrillo, and Taewoon Kang.
In the United States District Court for the Eastern District of Pennsylvania, United States and the Commonwealth of Pennsylvania, Department of Public Welfare, v. Holland-Glen, Verified Complaint for Injunctive Relief. Count One - injunction against fraud, Count 2 - injunction to enjoin conduct subject to a civil monetary penalty, Count 3 - injunction for violation of DPW regulations. Plaintiff pray that defendants stop false practices and accept professional standards and proper licensing.
In the United States District Court for the District of Montana, Great Falls Division, United States v. Jesse A. Marcel III and Northwest Senior Care Association. Grand jury Indictment, Health care fraud, false claims, wire fraud.
In the United States District Court for the Western District of Pennsylvania, United States v. Martha Bell, Atrium I Nursing and Rehabilitation Center, Grand Jury Indictment, Martha Bell was the organizer and leader of criminal activities, monetary payment.
Argues Court must afirm convictions but reverse decision to merge scheme to defraud and deceptive business practices convictions because sentence is appropriate due to aggravating factors
Argues Court must affirm Superior Court's judgment because Office of Elder Fraud and Assistance's failure to conduct a reasonable investigation prior to filing petition and facts' failure to support fraud allegations warrant upholding fees award
Argues disputed amount of restitution was established by a preponderance of evidence. Requests Court affirm award (2013)
Argues Court must affirm restitution award in its entirety because evidence supports portions related to the accounts
Alleges: conversion of funds; breach of fiduciary duty; fraudulent obtaining and use of access device; breach of good faith and fair dealing. Requests damages in excess of $30,000 (2013)
Recommends judgment in plaintiff's favor for economic damages in principal amount plus contractual interest through judgment entry date, attorney fees, costs and post-judgment interest
Requests Order to protect assets during pendency of protective proceeding and to prevent unjust enrichment (2012)
Argues Court must affirm judgment because passenger had no fiduciary relationship with liability insurer, failed to establish actual damages, and trial court awarded no damages or affirmative relief
Argues failure to establish deprivation of federal right or suffering due to lack of process. Requests affirmation of superior court decision (2010)
Argues superior court decision must be affirmed because state tort claims are barred by an Alaska statute and no claim establishes depravation of a federally protected right or a lack of due process
Argues all defendants and counts must be remanded for a jury trial because trial court erred in granting motion for summary judgment since record presents genuine issues of material fact including whether report of harm was in "good faith" and failure to supervise and train claim should not have been dismissed
Argues Court must affirm denial of post-conviction relief because defendant's attorney's retroactive transfer to disability status did not equate to per se ineffectiveness
Argues financial exploitation of elderly adult. Requests order to convey interest in co-owned property, financial accounting and damages based on evidence (2009)
Alleges: conversion of money; conversion of property; civil fraud; breach of fiduciary duty; breach of fair dealing and value misrepresentation. Requests sale rescission, financial accounting, injunction against communication, all monies reimbursed, attorney's fees, costs. punitive damages (2008)
Affirms victim's declining health, mental abilities and cognitive capacity rendered him disoriented, dependent and susceptible to undue influence (2008)
Argues discretionary function immunity protects against conservator's claim of actionable duty to upgrade a conservatorship to a guardianship (2004)
Requests Court: grant temporary restraining order and waive security requirement or, in the alternative, set nominal bond and grant permament injunction until modification or litigation is resolved
Argues Court must affirm trial court's opinion and proponents are entitled to summary judgment
Argues Court must: vacate trial court's Final Judgment; vacate trial court's Order; provide new trial court with jury selection and punitive damage award guidelines
Argues Court must reverse trial court's decision and assess entire Plaintiffs' attorneys' fees as damages under equitable principles and Alabama Litigation Accountability Act