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
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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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
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Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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