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January 23, 2017 SHERMAN, Texas – The United States has filed a complaint intervening in an alleged kickback scheme in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
The United States filed a complaint today in partial intervention against East Texas Medical Center Regional Healthcare System, Inc., East Texas Medical Center Regional Health Services, Inc. (together, “ETMC”), Paramedics Plus, LLC, Emergency Medical Services Authority (“EMSA”), and EMSA’s President, Herbert Stephen Williamson (“Williamson”) alleging, among other things, violations of the False Claims Act and the Anti-Kickback Statute. A copy of the United States’ complaint can be found attached.
ETMC, one of East Texas’ largest health care systems, provides ambulance services outside of Texas through its for-profit subsidiary, Paramedics Plus. The United States’ complaint alleges that ETMC and Paramedics Plus entered into an illegal kickback scheme to obtain and retain a lucrative public ambulance services contract awarded by Williamson and EMSA, a public trust entity established under Oklahoma law. The United States alleges the defendants created a slush fund controlled by ETMC and Paramedics Plus that was used to pay over $20 million in kickbacks. The United States alleges the kickbacks and bribes ranged from cash payments (including at least $50,000 for Williamson’s personal benefit), political contributions, marketing expenses, and direct payments to EMSA’s contractors.
The lawsuit, United States ex rel. Dean v. Paramedics Plus, LLC, et al., 4:14-CV-203, was originally filed in 2014 in the U.S. District Court for the Eastern District of Texas by relator Stephen Dean. Dean was employed by Paramedics Plus as Chief Operating Officer overseeing the EMSA contract. Dean filed the action under the qui tam provisions of the False Claims Act, which permit private parties known as “relators” to sue on behalf of the United States and to receive a share of any recovery. Dean’s lawsuit includes allegations against additional defendants, including other municipal entities doing business with Paramedics Plus in California, Florida, and Indiana. The False Claims Act permits the Government to intervene in such a lawsuit, as it has done in a portion of Dean’s case.
“The law prohibits paying kickbacks, such as those alleged in this lawsuit, in order to gain access to Medicare and Medicaid funds,” said Acting U.S. Attorney Featherston. “Kickback schemes are anti-competitive, undermine the integrity of our nation’s health care programs, and wrongly prioritize profits over patient care.”
These matters were investigated by the U.S. Attorney’s Office for the Eastern District of Texas, the U.S. Department of Justice Civil Division’s Commercial Litigation Branch, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), and the states of California, Florida, Indiana, and Oklahoma.
Tips and complaints about potential fraud, waste, abuse, and mismanagement, including the conduct described in the United States’ complaint, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477) or to the United States Attorney’s Office for the Eastern District of Texas, at (972) 509-1201.
The claims asserted against the defendants are allegations only, and there has been no determination of liability.
January 21, 2017 - Tornado watch outline update for watch 16 NWS storm prediction center Norman Ok 340pm CST Sat Jan 21 2017 tornado watch 16 is in effect until 9pm cst for the following locations.
Texas counties included are Angelina Bowie Cass Gregg Harrison Marion Morris Nacogdoches Panola Rusk Sabine San Augustine Shelby
January 21, 2017 - San Augustine Street in Center south of the intersection with Southview Circle was the scene of a single-vehicle crash Friday, January 20, 2017.
Center Police Officers arrived at the scene just after 5pm and located a blue Dodge Nitro had collided with a utility pole, snapping it in half and sending debris flying into a nearby yard.
According to Center Police Sgt. Ricky King, the Nitro driven by Stephanie Nash, 34, of Center was southbound when, according to Nash, she saw a machete in the middle of the road and swerved to miss the blade. The Nitro swerved to the right and collided with the utility pole.
Nash was traveling with three female juveniles ages 12, 9, and 5. Nash and at least one of the passengers were transported to Nacogdoches Medical Center - Center Emergency Department.
The crash is under investigation.
January 20, 2017 - Deputies with the Shelby County Sheriff’s Office arrested a Buna woman recently on charges of aggravated assault with a deadly weapon and injury to the elderly after she shot another woman in the back of the head.
Shelby County Sheriff Willis Blackwell stated that Deputy Peter Davis was dispatched to the Nacogdoches Medical Center Emergency Room in Center January 11, 2017 at approximately 7:54 a.m. Upon arrival, Deputy Davis was informed that the subject was on scene with the victim. Deputy Davis made contact with the subject, who identified herself as Brenda Northern.
Northern asked Deputy Davis if he had spoken to the victim yet. Deputy Davis advised Northern he had not. At that point, Northern stated to Deputy Davis that he should go ahead and arrest her because she had shot the victim in the back of her head with a .22 caliber gun.
Deputy Davis advised Northern she would be detained and placed her in the back of his patrol vehicle.
Investigator Birdwell arrived on scene and went inside the hospital to speak with the victim. The victim identified herself as 77-year-old Adah Phillips of Center. Phillips told the officers that Northern had hit her in the back of the head with a gun and she believed Northern was trying to kill her.
During the investigation, a bullet was found to be lodged in the back of Phillips head.
Northern is being held at the Shelby County Sheriff’s Office on bonds totaling $14,000.
January 20, 2017 - U.S. Highway 96 South of Center was the scene of a two-vehicle collision just under three miles from Loop 500 Wednesday, January 18, 2017.
According to Texas Department of Public Safety State Trooper Jesse Fountain, a maroon 1994 Pontiac driven by Rodney Moore, 43, of Shelbyville was southbound on U.S. 96 and a white 2016 Ford pickup driven by Phillip Dean Ford, 47, of Center was northbound.
Ford stated the Pontiac started to hydroplane in front of him and into his lane of travel and sideswiped the right front passenger fender of the Ford. The Pontiac came to rest in the northbound ditch, facing east and the truck came to a halt facing north on the shoulder.
Moore and his passenger, Kenny Boyd were transported by ACE EMS to Nacogdoches Medical Center - Center Emergency Department for treatment and no injuries were reported of Moore and his passenger.
Moore was issued a citation for unsafe speed due to road and weather conditions.
January 19, 2017 - A plea hearing was held in the 273rd Judicial District Court, Judge Charles Mitchell presiding, on Thursday, January 19, 2017 for four cases against Bret Wayne Anderson, including criminally negligent homicide, state jail felony; aggravated assault with a deadly weapon, second degree felony; burglary of a building, state jail felony; and deadly conduct, third degree felony.
The case against Anderson for deadly conduct just was entered on information January 18, 2017 and alleges Anderson recklessly engaged in conduct that placed Kristen Cooley in imminent danger of serious bodily injury by discharging a firearm at or in the direction of Cooley.
The burglary of a building case was also entered on information on the same date and alleges on December 4, 2016 Anderson entered a building or portion of a building without the consent of Patricia Belrose, the owner, and attempted to commit or committed theft of a plastic bin full of misc. hand tools, water pumps, a ladder, container with brass, Radio Flyer wagon, mountain bike, old metal antique car wheel, child's bicycle, shovels, rakes, and a truck tire.
August 3, 2016 Anderson was indicted by grand jury and the indictment alleges on November 28, 2015 Anderson threatened Christopher Barton with imminent bodily injury by pointing a hand gun at Barton.
The most serious of charges against Anderson, criminally negligent homicide, was in regards to the August 30, 2014 shooting death of Taylor Keith Keele. The grand jury indictment was handed down March 25, 2015 and it alleges on August 30, 2014 Anderson caused the death of Taylor Keith Keele by discharging a firearm, striking Keele in the chest.
Anderson entered a plea of guilty to all four charges. The penalty for each charge then carried with it two years imprisonment; however, they all are to run concurrent, meaning the total time of imprisonment could, per the agreement, at the maximum be two years.
Taylor Keele's mother, Tirrie McDonald, was allowed a victim impact statement and through tearful eyes strongly addressed the court as well as Anderson.
"As you know, Taylor Keith Keele was my son that was murdered. I have prayed, and I have talked to God, and I would like to let you know judge that I do forgive this person for taking my precious baby from me. But, I do not forgive the sentencing I do not understand it, because there's more evidence there that no one wanted to look at that I gathered on myself, that I worked for a year getting together and gave to the D.A., which then was Ken Florence who told me we had a good case and then all of a sudden this man over here, I don't even know this man (Stephen Shires).
"If any of you ever have a child taken from you whether an accident or not and three different stories given as to how he killed my baby, I think that needs to be further investigated, but you've done made your deal and you've done signed it (Judge Mitchell). So I just hope you can live with that too, because I have to because my baby's gone. He was only 21, just starting his life, while the one who took his life gets to keep going on and I know you know (Judge Mitchell) he's got more things against him and I don't understand the justice system, but I forgive you for that too.
"I forgive y'all, the lawyers, the D.A.'s, you (Judge Mitchell). I forgive you (Bret Anderson) for killing Taylor, I did that a long time ago, but it won't bring my baby back and I don't think two years is enough time, because he is a danger to society. What other mother is gonna have to sit here in two-and-a-half years and do the same thing before y'all take him off the streets for good. I thank you for your time and God bless you all, and I pray you never have to have this feeling in your heart."
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January 19, 2017 - Rain has been pouring down on Shelby County for days causing wet roads and ideal conditions for crashes which have kept emergency responders busy.
Yesterday, January 18, 2017, a major crash occurred on US 59 a couple of miles outside of Tenaha around 4:30pm involving two vehicles and caused traffic delays for 5 o'clock travelers.
According to Texas Department of Public Safety State Trooper Sean Smith, a 2003 silver Chevrolet Malibu driven by Douglas Hooper, age 59, was traveling east on US 59 and a 2012 white Dodge Ram pickup was traveling west pulling a travel trailer. According to the driver of the pickup, Benjamin Alonzo, age 48, the Malibu began to spin and entered the westbound lanes where the two vehicles struck head-on.
The Malibu then spun again and struck a travel trailer before it came to rest in the eastbound lanes blocking the roadway. The Dodge pickup exited the roadway to the right and came to rest off the roadway.
Each vehicle had a passenger and both passengers along with both drivers were all transported to Nacogdoches Medical Center - Center Emergency Department by ACE EMS.
The Tenaha Volunteer Fire Department responded to the scene along with Tenaha City Marshal Jimmy Wagstaff and Deputy Marshal Darren Gray. US 59 traffic at times was completely blocked for all four lanes. The fire department negotiated the heavy amount of traffic through the crash scene taking turns between eastbound and westbound travelers.
January 19, 2017 - The Center Police Department received a call on January 19, 2017 at 3:29am, in reference to an unresponsive male subject on the sidewalk located at 735 Shelbyville St. Officers arrived at 3:33am, found the subject to be deceased from several stab wounds. A short time later officers were dispatched to a second victim located at 1111 Shelbyville St. Officers were able to identify the suspect who was arrested a short time later at 1111 Shelbyville St.
The deceased has been identified as 20-year-old male Yee Ka. The second victim identified as 25-year-old male Aung Naing, was transported to Nacogdoches Medical Center, and remains in stable condition.
The suspect was identified as 19-year-old male Ka Paw Htoo. The Suspect was arrested and charged with Murder (1st degree Felony) and Aggravated Assault with a Deadly Weapon (2nd degree Felony)
Submitted by Det. Bobby Walker III
January 18, 2017 - FM 2694 just before the intersection of FM 3172 in Huxley was the scene of a single-vehicle crash involving a motorcycle on January 11, 2017.
According to Texas Department of Public Safety State Trooper Keith Jones, at 5:20pm a 2004 Yamaha V Star motorcycle operated by Bradley Steve Moody, 48, was eastbound on FM 2694 when he states he traveled over bumps in the roadway which caused him to lose control and fall off the bike.
Moody was not wearing a helmet at the time of the incident. He was transported from the scene by ACE EMS to Nacogdoches Medical Center - Center Emergency Department for treatment of his injuries.
Moody was issued citations for no driver's license for motorcycle, wrong license plate displayed, and no insurance.
The motorcycle was towed from the scene.
A second wreck later that evening resulted in the arrest of the driver for DWI.
According to Texas Department of Public Safety State Trooper Keith Jones, a 2004 Ford F-150 driven by Christian Rios, 24, of Center with passenger Alan Rios-Robles, 18, of Center was traveling on CR 1060 when the Ford left the roadway and struck a fallen tree.
Rios was arrested at the scene and charged with driving while intoxicated 3rd or more, felony 3, and no driver's license, misdemeanor c.
U.S. Highway 84 east of Tenaha was the scene of a single-vehicle crash resulting in another DWI arrest.
According to Texas Department of Public Safety State Trooper January 15, 2017 a grey 2003 Buick Century driven by Jasso Celedina-Escobedo, 52, of Joaquin was eastbound on U.S. Highway 84 near CR 3480 when the Buick exited the roadway to the right.
Once off the roadway, the Buick traveled through two fences and into a wooded area where it came to rest receiving damage.
Celedina-Escobedo and her passenger Rodolfo Flores were transported by ACE EMS from the scene to Nacogdoches Medical Center - Center Emergency Department for treatment.
Celedina-Escobedo, after being discharged from the hospital, was arrested for driving while intoxicated, misdemeanor b.
January 18, 2017 - A two-vehicle crash on U.S. Highway 96 occurred just north of the Center Country Club on January 17, 2017 causing major injury to one driver.
The Center Fire Department was dispatched to the scene of the crash and used Jaws-of-life to extricate one of the drivers.
According to Texas Department of Public Safety State Trooper Keith Jones, at 1:34pm a blue 2009 Mitsubishi Lancer driven by Crystal Lee Hass, 34, of Center was southbound on U.S. Highway 96 at an unsafe speed due to the wet roadway.
The Mitsubishi hydroplaned at CR 4360 and entered into the northbound traffic lanes where it was struck by a 2011 Chevrolet Cruz driven by Jennifer Rachelle Lacy, 34, of Hemphill causing major damage to the front of the Cruz and both driver's side and front damage to the Mitsubishi.
Hass and Lacy were both transported by ACE EMS to Nacogdoches Medical Center - Center Emergency Department for treatment of their injuries. Lacy was treated there and released. Hass was transferred to Nacogdoches Medical Center in Nacogdoches for treatment of major injuries.
Hass remains in the hospital at this time.
Trooper Jones was assisted at the scene by Texas DPS Cpl. Jimmy Faulkner, and Texas DPS Trooper Dustin Ramos.
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