Markus/Moss Delivers Directed Verdict, Appellate Reversal in Health Care Fraud Cases
Most Effective Lawyers: Criminal law — The legal team took home victories in an Orlando trial and a New Orleans appeal.
December 10, 2018 at 05:00 AM
2 minute read
David O. Markus, Margot Moss and Todd Yoder
Markus/Moss
Markus/Moss tried three lengthy cases in three federal districts and won all three in a year. Specially hired for an appeal, the law firm also persuaded the U.S. Court of Appeals for the Fifth Circuit to set aside a six-year prison sentence and conviction of a doctor in a Medicare fraud case.
In an Orlando trial, David O. Markus, Margot Moss and Todd Yoder won a directed verdict for a condominium-conversion developer charged with mortgage fraud conspiracy 10 years afterward by showing the defendant relied on bad legal advice.
It turned out to be the dream opportunity from hell for Rebecca Gheiler. As the real estate marketed turned, the original developer offered 90-plus unsold units to Gheiler, who was transformed from sales manager to owner. Gheiler was charged after mortgage lenders claimed $8.25 million in losses when she offered incentives to buyers without disclosing them in closing documents.
Gheiler claimed she relied on assurances from Coral Gables attorney Angel Garcia-Oliver that everything was legal. He pleaded guilty for his role and has been disbarred. All other co-defendants also pleaded out.
The trial ended against the backdrop of Hurricane Irma bearing down on Florida, which left the Miami-based trial team heading south as thousands of motorists streamed north away from the storm.
In the successful appeal, husband-and-wife team David and Mona Markus represented Dr. Pramela Ganji, who was immediately released from prison and reunited with her family. The New Orleans-area doctor was convicted of health care fraud conspiracy on home health services.
Writing for a unanimous panel in January, Chief Circuit Judge Carl Stewart found insufficient evidence to rope Ganji into the conspiracy. He found Medicare guidelines do not prohibit treating physicians who are not primary care physicians from initiating the home health care process, and Ganji couldn't be convicted of fraud for legal activity.
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