Eight of 13 people who pleaded guilty or were convicted in a $400 million health care fraud involving expensive compounded pain creams and vitamin pills have yet to be sentenced.
Five of them have no new sentencing dates. The reasons for some of the delays remain under seal, meaning the documentation is not available to anyone other than the parties involved in the case.
"That may very well signal that those particular defendants have entered into some kind of cooperation agreement," said Matthew Steffey, a professor of law at the Mississippi College School of Law in Jackson. "The extent of that cooperation is to reduce their sentence, and that sentence is being postponed as long as the investigation and cooperation continues.
"It is likely filed under seal so as to not tip their hand to the targets of that investigation."
11th-hour considerations delay sentencings in pain cream fraud
On the day Hope Thomley and her husband Howard "Randy" Thomley were scheduled to be sentenced, a note was entered in their case file: "The sentencing hearings of this matter are continued and will be reset at a later date to be determined by the Court."
The Thomleys pleaded guilty in February for their roles in the fraud scheme to the tune of about $200 million. Hope Thomley pleaded guilty to conspiracy to commit health care fraud and conspiracy to commit money laundering and tax evasion. Randy Thomley pleaded guilty to one count attempt and conspiracy to commit health care fraud.
The reason for the delay in sentencing for pharmacist Marco Moran also was filed under seal and approved by U.S. District Judge Keith Starrett the day before Moran was scheduled to be sentenced.
"The sentencing hearing of this matter is continued and will be reset at a later date to be determined by the Court," the case file says.
Moran pleaded guilty in September 2018 to attempt and conspiracy for about $22 million in fraud.
Two weeks earlier, pharmacist Joseph "Jay" Wiley II had his sentencing hearing reset for May 5 after another set of sealed motions were filed in federal court.
Wiley, of Louisiana, pleaded guilty in February to attempt and conspiracy to commit health care fraud.
Story continues after photo gallery.
Helping government with information to prepare a case in pain cream scheme
Pharmacist Jason May has remained free on bond since pleading guilty in July 2017 to handling around $192 million of the fraudulently obtained money received from TRICARE and other health care benefit providers.
He also admitted to laundering around $400,000 by transferring funds between various banks.
May was scheduled to be sentenced Thursday, but that hearing was continued. A new sentencing date has not been set.
"There is an ongoing investigation in this case in which Mr. May is a participant," according to court documents. "That investigation has led to the indictment and trial for several defendants. Mr. May would like to continue to assist the government by being a witness in those trials, and assisting in any other means possible."
Nurse practitioner Gregory Parker's sentencing also was postponed so he can continue to assist the government in their investigation into the fraud.
"Mr. Parker has steadfastly assisted and cooperated with the government during its investigation and preparation of the government's cases against defendants in this and other cases," court documents say. "The government has requested the assistance of Mr. Parker time and again, which Mr. Parker has willingly provided, and which he intends to do again in the future …"
Unrelated delays in sentencing?
Glenn "Doyle" Beach's sentencing hearing was reset for Nov. 21. It is unclear whether Beach is cooperating or will have his sentencing delayed again.
Beach "has lost two-thirds of his representation in a matter of weeks," after it was determined attorney Brian Dickerson had a conflict of interest and could not represent Beach. At the same time, another of his attorneys was hospitalized and "battling significant health issues."
Beach was given more time to prepare for his sentencing.
Beach pleaded guilty in March to conspiracy to commit health care fraud and conspiracy to commit money laundering and tax evasion.
Former Hattiesburg oral surgeon Brantley Nichols pleaded guilty in August to attempt and conspiracy. His sentencing is scheduled for Feb. 11.
His attorney says in the motion to continue Nichols' sentencing that he had a travel conflict with the date previously set, but he also wanted more time to negotiate a better sentence for his client.
"As was stated in the 'objections to the presentence investigation report,' a sentence requiring incarceration would have a devastating effect on Dr. Nichols," the court document says. "He would lose his ability to maintain malpractice insurance, he would lose his placement on the National Practitioner Database, he would lose his state license (all of which he has now), and his chance of resuming some sort of practice in the future would be greatly diminished."
5 people already sentenced in pain cream fraud
- Silas Richmond II, 34, was a pharmacist in Clinton. He pleaded guilty in July 2018 to conspiracy to commit health care fraud. He is incarcerated at a federal prison in Yazoo City. His expected release date is May 27, 2020.
- Gerald "Jay" Schaar, 48, was a pharmaceuticals representative who pleaded guilty to conspiracy to commit health care fraud in July 2017. He is incarcerated at a federal prison in Pensacola, Florida. His expected release date is June 9, 2020.
- Susan Perry, 60, pleaded guilty in June 2018 to conspiracy to defraud health benefits providers, including TRICARE. She is incarcerated at a federal prison in Greenville, Illinois. Her expected release date is Oct. 28, 2020.
- Albert Diaz, 80, was convicted on 16 health care fraud-related charges after a weeklong trial in February-March 2018. He is incarcerated at a federal prison in Montgomery, Alabama. His expected release date is Feb. 22, 2021. As the only person to stand trial in the case, Diaz is the only one eligible to appeal his conviction. In September, the 5th Circuit Court of Appeals upheld the lower court's decision, so Diaz's conviction stands.
- Thomas Spell Jr., 51, was sentenced Thursday to 10 years in prison. He has not yet reported to prison. He pleaded guilty in August 2018 to conspiracy to commit health care fraud.
Conspiracy grows to ½ billion dollars: Tangled web unravels more with indictment of Wade Walters
Weight loss pills? Nurse pleads guilty to role in $7.2 million fraud
Make it, sell it? Court papers show businessman's ties to pharmaceuticals lab
Contact Lici Beveridge at 601-584-3104 or lbeveridge@gannett.com. Follow her on Twitter @licibev.
"cream" - Google News
November 07, 2019 at 05:05PM
https://ift.tt/2qxcDcI
$400M Mississippi pain cream fraud: Why are 8 people still waiting to be sentenced? - Hattiesburg American
"cream" - Google News
https://ift.tt/2MOPaLD
Shoes Man Tutorial
Pos News Update
Meme Update
Korean Entertainment News
Japan News Update
No comments:
Post a Comment