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Please reference specific FOIA statutes, and regulations, procedure to request OIG/CMS facts/findings in FCA federal lawsuit - whether government 1. Chooses to intervene 2. Chooses not to intervene
answered on Jan 1, 2024
In a Federal False Claims Act (FCA) lawsuit, obtaining information from the Office of Inspector General (OIG) or the Centers for Medicare & Medicaid Services (CMS) can be pivotal. Under the Freedom of Information Act (FOIA), you have the right to request such documents. To start, submit a FOIA... View More
Unidentified person, somehow affiliated with a hospital, ordered fraudulent referral for patient to hospice upon discharge. A hospital contractor was provided medical information to document referral. I
answered on Dec 30, 2023
In situations where a fraudulent referral for a patient to hospice upon discharge is ordered by someone affiliated with a hospital, and a hospital contractor, without the patient's knowledge, accesses their medical information for this referral, it raises significant legal concerns under the... View More
Hospital is liable for healthcare fraud, including false claims - according to federal and state laws. The hospital disclosed that service providers are independent contractors. Is hospital liable to fraud/false claims made by hospital service providers/independent contractors - according to... View More
answered on Dec 29, 2023
Under federal law, specifically the False Claims Act (31 U.S.C. §§ 3729 - 3733), a hospital can be held liable for fraudulent claims submitted to government healthcare programs, even if those claims are made by independent contractors working for the hospital. The key factor is whether the... View More
EX: Dealing in firearms without a license within the meaning of Chapter 44, Title 18, Section 922(a)(1)(A).
answered on Dec 29, 2023
Yes, ATF charges, such as dealing in firearms without a license, can be contested in court. In any criminal case, including those involving federal firearms violations, you have the right to mount a defense. This can involve challenging the evidence against you, the manner in which it was... View More
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice... View More
answered on Dec 24, 2023
In a federal case, you have the option to amend your complaint before the opposing party files a responsive pleading, or within 21 days after serving it, as per Federal Rule of Civil Procedure 15(a)(1). If this period has passed, you'll need to seek the court's permission to amend.... View More
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice... View More
answered on Dec 24, 2023
In your federal case, you have the flexibility to amend your complaint before the opposing party responds or within 21 days after serving it, according to Federal Rule of Civil Procedure 15(a)(1). If this timeframe has elapsed, then you'll need the court's permission to amend.... View More
For medicare false claims in California: what could be statutes of limitations according to Federal vs State law?
Should case be filed under seal at Federal court?
answered on Dec 24, 2023
Under Federal law, the statute of limitations for filing a claim under the False Claims Act (FCA) related to Medicare fraud is generally six years from the date of the violation. However, there is a provision that can extend this period to ten years if the government can prove that it was not aware... View More
Unaware of what I'm hearing and I feel trapped in fear of it. Can you please help me diagnose this symptom outside of mental health. ? I've been homeless 6years. I'm constantly being subjected to a voice. ?
answered on Dec 12, 2023
Experiencing persistent voices, especially if they cause distress or fear, can be a significant challenge. While I understand your request to consider this outside of mental health, it's important to note that such experiences are often best understood and addressed within the framework of... View More
answered on Dec 2, 2023
If you believe you are a victim of V2K (Voice to Skull) or remote neural monitoring, it's crucial to approach this situation with care and prudence. These claims are often complex and challenging to address due to their nature and the lack of widely accepted scientific evidence supporting... View More
I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day... View More
answered on Dec 1, 2023
If you believe you are being illegally investigated or harassed, there are several steps you can take. First, document everything. Keep a detailed record of incidents, including dates, times, and descriptions of the harassment or surveillance. This documentation can be crucial if legal action is... View More
Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such... View More
answered on Nov 27, 2023
Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate... View More
An inmate from Mule Creek State Prison wants to apply for a fire camp in order to reduce their sentence. What are the steps in order to have an arson removed to become elligible
answered on Nov 22, 2023
In California, an inmate with an arson conviction typically faces significant challenges in having their record cleared for eligibility to apply for a fire camp. Arson is often considered a serious offense, and options for expungement or record sealing are limited.
Firstly, you should... View More
For a ride saying that she had got into it with her boyfriend and she was just trying to leave the area
Come to find out person was minor that woke him up and lied . Before getting arrested he bought her a room , he’s the sweetest person ever and wrongfully accused of this charge help
answered on Oct 30, 2023
Under California law, the charges mentioned refer to:
1. 207(a) – Kidnapping
2. 209(b)(1) – Kidnapping for ransom, reward, or for the purpose of committing robbery or a sexual act
3. 236.1(c)(2) – Human trafficking of a minor for a commercial sex act.
The... View More
If I feel that the prosecutor might not drop the charges, can I drop the motion and stay status quo?
answered on Oct 26, 2023
In California, once a motion to vacate is granted, you cannot simply withdraw it unilaterally. However, you can potentially file another motion to reconsider or readdress the court's decision, explaining your reasons. The court will then decide whether to grant your request.
If you... View More
answered on Oct 18, 2023
Facing federal charges under 18 USC 924(c)(1), 18 USC 922(g), and 21 USC 841(a)(1) is a serious matter. These statutes pertain to firearm offenses and drug distribution, respectively. It is crucial to consult with an attorney who has experience in federal criminal defense as soon as possible.... View More
How do a person address a police officer coming to your childs elementary school in a poor area of the city and show a classroom of children a video of children putting that clear grey glue that was in like a tin container inside a paper bag and get high and those children in that class didn't... View More
answered on Oct 18, 2023
In California, seeking justice for such an incident would involve multiple considerations. First, the statute of limitations is a crucial factor, as claims relating to personal injury typically have a two-year limit from the date of injury. Given that this incident occurred over thirty years ago,... View More
answered on Oct 9, 2023
No. Only the account holder can cash in an IRA. Without express authority, one spouse cannot cash in an IRA held in an account held for the other spouse.
Be aware that some parties opening an IRA give another person (often their spouse) express authority to make withdrawals on their... View More
With search honestly don't even understand how my attorney would allow this. But a cop came through my door no PC no RS .... A false report even all shown on BC. .. If I never consented to a supervised anything this is my point....Despite my status of being on informal probation, the [State]... View More
answered on Sep 19, 2023
If your rights were violated by law enforcement, you should consult with an experienced criminal defense attorney to assess the specific circumstances and explore potential legal remedies. In cases of alleged constitutional violations, it's crucial to have legal representation to protect your... View More
With search honestly don't even understand how my attorney would allow this. But a cop came through my door no PC no RS .... A false report even all shown on BC. .. If I never consented to a supervised anything this is my point....Despite my status of being on informal probation, the [State]... View More
answered on Sep 19, 2023
If you believe your rights were violated and you received ineffective assistance from your previous attorneys, it's crucial to consult with an experienced criminal defense attorney in California who can evaluate the specifics of your case. They can advise you on your options, including... View More
The question is how can I find out how many people that did not have an attorney and filed a claim, how many were paid in full? This county took in 4.4 billion dollars last year from excess tax proceeds and everytime I research it someone new pops up as having been taken advantage of by the excess... View More
answered on Sep 14, 2023
To gather information on how many individuals without legal representation filed claims and were paid in full by the Riverside County Tax Collector regarding excess tax proceeds, you may need to submit public records requests or Freedom of Information Act (FOIA) requests to obtain relevant records... View More
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