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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute readDivided State Court Reinstates Dispute Over Replacement Vehicles Fees
5 minute readSecond Circuit Ruling Expands VPPA Scope: What Organizations Need to Know
6 minute read'They Got All Bent Out of Shape:' Parkland Lawyers Clash With Each Other
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250