A former husband and wife will spend the next three years in separate prison cells for defrauding Medicare and Medicaid of approximately $4 million. In addition, they will lose a home, pay $480,000 to a State Medicaid program, and spend another three years on supervised release.
Leonid and Yelena Stolyar pleaded guilty in a federal court in Colorado to conspiracy to commit health care fraud and money laundering. The government alleged that they submitted false claims to government healthcare programs for durable
medical equipment. Cooperating beneficiaries provided evidence of false and fraudulent claims submitted to Medicare and Medicaid, including some claims for equipment that was never provided to the beneficiary.
According to the government, the former couple exacerbated the situation by continuing to bill Medicare and Medicaid even after the wife pleaded guilty and was excluded from participating in federal healthcare programs. The government alleged that they did this by concealing the fact that the wife was still involved in, and benefiting from, their durable medical equipment business.
Part of the evidence against the former couple came from their divorce settlement -- which acknowledged the wife's ownership interest in the durable medical equipment business and provided that she would still receive income from that business even after she was excluded from federal government healthcare programs.
The moral of the story is: Do not try to play games with the government. If you are being investigated by the government for healthcare fraud, or if you believe that your employer is engaged in healthcare fraud, then you should consult with an experienced lawyer immediately. To schedule a free initial consultation by telephone or in person, call my office today at (212) 601-2728 or click here to communicate with me via email.
John Howley
New York, New York
Sources: U.S. Attorney's Office, District of Colorado, Press Release
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact our law offices and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. I practice law and offer legal services only in jurisdictions where I am properly authorized to do so. I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
Thursday, August 9, 2012
Friday, June 22, 2012
Regulating Indecency on Television: The Supreme Court Says Yes and No
The U.S. Supreme Court this week threw out penalties against
television stations that violated the Federal Communications Commission policy
regulating curse words and nudity on television airwaves. The case was FCC v. Fox TelevisionStations.
New York, New York
Justice Anthony Kennedy wrote for a unanimous Court that the
FCC’s actions violated due process because the agency failed to give
broadcasters “fair notice prior to the broadcasts in question that fleeting
expletives and momentary nudity could be found actionably indecent.”
The dispute arose out of a change in enforcement
policy. In 2001, the FCC announced
that it would no longer punish fleeting and isolated uses of expletives. In this case, however, the FCC did impose
penalties for fleeting nudity on the television drama NYPD Blue and the use of
the “F-word” by Cher and Nicole Richie on awards shows.
While striking down the penalties in this case on the ground
that the enforcement policies did not give broadcasters sufficient notice of
actionable conduct, the Court stated that the FCC was “free to modify its current
indecency policy in light of its determination of the public interest and
applicable legal requirements.”
The Court declined to issue a broader ruling on the
Constitutionality of the FCC's indecency policies under the First Amendment. As a result, the ruling does not change
the FCC’s substantive authority to regulate indecency on broadcast television.
An interesting side note is that this dispute arose out of events
that happened about a decade ago, in 2002 and 2003. Broadcasters had argued in this case that the indecency
regulations, which apply only to broadcast channels, were obsolete in light of
the diversity of media available through the Internet, cable and satellite
television, smart phones and related devices.
Given the speed with which technology and media are
changing, it is fair to ask what technology and media will look like a decade
from now, and whether a substantive legal challenge initiated today will be
upheld if the Supreme Court finally gets the issue in about 2022.
Friday, February 3, 2012
Northwest Energy Efficiency Alliance Promotes "Ductless" Heating and Cooling
The Northwest Energy Efficiency Alliance (NEEA) recently announced the winner of the $10,000 grand prize in its "Discover Ductless" campaign. The campaign encouraged homeowners to upgrade their inefficient electric heating with ductless heating and cooling systems. These systems heat and cool at a fraction of the cost of electric baseboard and wall heaters, typically saving homeowners 25 to 50 percent on heating bills.
Ductless heating and cooling systems are reversible, 2-way heat pumps that use electricity to transfer heat between outdoor and indoor air by compressing and expanding refrigerant. Using a refrigerant vapor compression cycle, like a common household refrigerator, ductless systems collect heat from outside the house and deliver it inside on the heating cycle, and vice versa on the cooling cycle.
Ductless systems use variable speed compressors with “inverter technology” (AC to DC) in order to continuously match the heating/cooling load, avoiding the on/off cycling of conventional electric resistance and central heating systems that is commonly associated with uncomfortable temperature variations and high energy consumption.
As the name suggests, ductless systems do not require the use of air ducts. Ductless systems consist of an outdoor compressor unit and one or more indoor air-handling units, called “heads”, linked by a dedicated refrigerant line. Indoor heads are typically mounted high on a wall or ceiling covering a 3” hole where the refrigerant line passes through from the outside unit, which is mounted at the base of the house. Each indoor head corresponds with a heating and cooling zone that can be controlled independently.
Starting in 2008, the Northwest region's utilities have taken a leadership role in championing ductless heating and cooling technology. In the last 3 years more than 13,000 ductless heating and cooling systems have been installed in the Northwest, at a savings of 40,500,000 kWh hours per year. That's enough electricity to power 3,805 average homes for an entire year.
Ninety-two utility partners in Idaho, Montana, Oregon and Washington offer customer rebates on energy-efficient ductless systems – up to $1,500 or up to 40 percent of the cost of an installed ductless heating and cooling system. Ductless heating and cooling systems have the potential to save the Northwest region 200 aMW of energy savings each year—the equivalent to powering more than 150,000 homes each year.
John J.P. Howley
Woodbridge, New Jersey
Ductless heating and cooling systems are reversible, 2-way heat pumps that use electricity to transfer heat between outdoor and indoor air by compressing and expanding refrigerant. Using a refrigerant vapor compression cycle, like a common household refrigerator, ductless systems collect heat from outside the house and deliver it inside on the heating cycle, and vice versa on the cooling cycle.
Ductless systems use variable speed compressors with “inverter technology” (AC to DC) in order to continuously match the heating/cooling load, avoiding the on/off cycling of conventional electric resistance and central heating systems that is commonly associated with uncomfortable temperature variations and high energy consumption.
As the name suggests, ductless systems do not require the use of air ducts. Ductless systems consist of an outdoor compressor unit and one or more indoor air-handling units, called “heads”, linked by a dedicated refrigerant line. Indoor heads are typically mounted high on a wall or ceiling covering a 3” hole where the refrigerant line passes through from the outside unit, which is mounted at the base of the house. Each indoor head corresponds with a heating and cooling zone that can be controlled independently.
Starting in 2008, the Northwest region's utilities have taken a leadership role in championing ductless heating and cooling technology. In the last 3 years more than 13,000 ductless heating and cooling systems have been installed in the Northwest, at a savings of 40,500,000 kWh hours per year. That's enough electricity to power 3,805 average homes for an entire year.
Ninety-two utility partners in Idaho, Montana, Oregon and Washington offer customer rebates on energy-efficient ductless systems – up to $1,500 or up to 40 percent of the cost of an installed ductless heating and cooling system. Ductless heating and cooling systems have the potential to save the Northwest region 200 aMW of energy savings each year—the equivalent to powering more than 150,000 homes each year.
John J.P. Howley
Woodbridge, New Jersey
Friday, January 13, 2012
Competitive Grants Up To $100,000 for Utility-Focused Energy Technologies
The CTSI Utility Technology Challenge is accepting applications for competitive grants of up to $100,000 to fund demonstration projects for utility-focused energy technologies. The deadline for applications in January 31, 2012.
CTSI stands for the Clean Technology & Sustainable Industries Organization. It is a non-profit utility industry association that brings together global leaders for advocacy, community development, networking, and information sharing to help bring these needed technologies to market more rapidly.
The CTSI Utility Technology Challenge was launched two years ago in partnership with the U.S. Department of Energy to identify and promote innovative utility-focused energy technologies. A consortium reviews submissions and partners with the winners for testing and pilot programs. Members of the consortium this year include Arsenal Venture Partners, Anaheim Center for New Energy Technologies (AC-NET), Austin Energy, Constellation Energy, U.S. Department of Energy, Kauffman Foundation, National Grid, Northeast Utilities, Shell GameChanger, and Southern California Edison.
The consortium selects 15 semifinalist solutions to present at the Clean Technology 2012 Conference in Boston, June 14-16. Winners will be announced at the conference.
Key technology solution areas for this year's challenge include: transmission and distribution, smart grid, distributed power integration, natural gas, industrial and commercial energy and power efficiency, alternative power and hybrid generation, energy storage, electric vehicle infrastructure, and carbon reduction.
The submission deadline is January 31, 2012. Organizations with pilot-ready or early- commercial stage solutions targeting utilities and large customers should apply by clicking here.
CTSI stands for the Clean Technology & Sustainable Industries Organization. It is a non-profit utility industry association that brings together global leaders for advocacy, community development, networking, and information sharing to help bring these needed technologies to market more rapidly.
The CTSI Utility Technology Challenge was launched two years ago in partnership with the U.S. Department of Energy to identify and promote innovative utility-focused energy technologies. A consortium reviews submissions and partners with the winners for testing and pilot programs. Members of the consortium this year include Arsenal Venture Partners, Anaheim Center for New Energy Technologies (AC-NET), Austin Energy, Constellation Energy, U.S. Department of Energy, Kauffman Foundation, National Grid, Northeast Utilities, Shell GameChanger, and Southern California Edison.
The consortium selects 15 semifinalist solutions to present at the Clean Technology 2012 Conference in Boston, June 14-16. Winners will be announced at the conference.
Key technology solution areas for this year's challenge include: transmission and distribution, smart grid, distributed power integration, natural gas, industrial and commercial energy and power efficiency, alternative power and hybrid generation, energy storage, electric vehicle infrastructure, and carbon reduction.
The submission deadline is January 31, 2012. Organizations with pilot-ready or early- commercial stage solutions targeting utilities and large customers should apply by clicking here.
Tuesday, January 10, 2012
All Electric Jeep Grand Cherokee
An all-new, all-electric Jeep Granf Cherokee was unveiled today at the 2012 North American International Auto Show (NAIAS) in Detroit.
The introductory price starts at $57,400. The new model is expected to attract both retail customers and fleet users who desire to take a public position on zero emissions. First deliveries of fully validated vehicles are projected for this fall.
The first dealer of the new all-electric Jeep is Dana Hackney, a multi-line dealer from Cincinnati, Ohio. The company also announced that it would immediately begin to take reservations for the AMP Grand Cherokee EV from fleet and retail customers online at www.ampelectricvehicles.com.
Production of AMP's Jeep Grand Cherokee EV will be done at the company's Engineering and Production facility in Loveland, Ohio.
The introductory price starts at $57,400. The new model is expected to attract both retail customers and fleet users who desire to take a public position on zero emissions. First deliveries of fully validated vehicles are projected for this fall.
The first dealer of the new all-electric Jeep is Dana Hackney, a multi-line dealer from Cincinnati, Ohio. The company also announced that it would immediately begin to take reservations for the AMP Grand Cherokee EV from fleet and retail customers online at www.ampelectricvehicles.com.
Production of AMP's Jeep Grand Cherokee EV will be done at the company's Engineering and Production facility in Loveland, Ohio.
Saturday, January 7, 2012
Recycling Waste from Biodiesel Production
Extreme BioDiesel has developed a new and profitable use for raw glycerin, a waste product generated during its bio-diesel processes. The new glycerin product acts as a for concrete and asphalt forms used in finished landscape products and roads.
BookMerge Technology, Inc., the parent of Extreme Biodiesel, has launched a new product line based on the waste glycerine. The new product has already been tested and utilized in the loading, transportation and delivery of concrete and asphalt construction products. The company says that it will save money for customers, create a new profit center for Extreme Biodiesel, and promote a green alternative to existing products.
BookMerge Technology, Inc., the parent of Extreme Biodiesel, has launched a new product line based on the waste glycerine. The new product has already been tested and utilized in the loading, transportation and delivery of concrete and asphalt construction products. The company says that it will save money for customers, create a new profit center for Extreme Biodiesel, and promote a green alternative to existing products.
Saturday, December 31, 2011
Vail Global Energy Forum, March 2012
The Vail Valley Foundation, in conjunction with Stanford University's Precourt Institute for Energy (PIE) and Precourt Energy Efficiency Center (PEEC), will host the inaugural Vail Global Energy Forum (VGEF), March 3 and 4, 2012, at the Vilar Performing Arts Center (VPAC) in Beaver Creek, Colorado.
"The Vail Global Energy Forum is dedicated to the search for sustainable solutions to one of the most pressing issues of our times – how to produce enough clean, cost-efficient energy from reliable sources to power our global economy while we bridge the transition to breakthrough renewable energy solutions of the future," said Vail resident, Jay Precourt, who endowed the Precourt Institute for Energy at Stanford University.
The VGEF will examine the combined challenges of energy supply, energy security, and the impacts of energy use that will shape the energy transitions underway now and in the decades to come.
"Beaver Creek is an ideal setting for the Vail Global Energy Forum," said Harry Frampton, Chairman of the Vail Valley Foundation's board of directors. "Colorado is both an energy-producing state and an acutely environmentally aware state. It is also home to some of the fastest growing new energy business 'incubators,' devoted to the development of clean energy solutions and Vail Resorts is a recreational leader in utilizing and promoting green technologies."
The VGEF will bring together some of the world's foremost leaders in their fields to discuss how best to provide the energy the world needs to support a productive global economy while limiting adverse effects on the environment. Participants and speakers will include distinguished government officials, corporate executives, research scientists, entrepreneurs, venture capitalists, investors and world-renowned journalists. Confirmed participants include George P. Shultz, former U.S. Secretary of State, Secretary of the Treasury and Secretary of Labor and now Distinguished Fellow of Stanford's Hoover Institution; U.S. Senator Mark Udall of Colorado, Member of the Senate Committee on Energy and Natural Resources; Jeffrey Ball, Former Environment Editor of The Wall Street Journal; Tom Petrie, Vice Chairman of Bank of America; Dr. Ernest Moniz, Director of the Energy Initiative at MIT; Dr. Burton Richter, Nobel Laureate in Physics, Senior Fellow at Stanford; and Dr. Nathan Lewis, Director, Lewis Research Group at Caltech.
Additional speakers and panelists will include Gregory Ebel, President and CEO of Spectra Energy; Tom Siebel, Founder of Siebel Systems; Dr. Franklin M. Orr, Director, Precourt Institute for Energy at Stanford; Dr. James Sweeney, Director, Precourt Energy Efficiency Center at Stanford; Dr. Sally Benson, Director, Global Climate and Energy Project, also at Stanford.
"Satisfying the worldwide demand for efficient and clean energy presents one of the greatest challenges of the century," explained John L. Hennessy, President of Stanford University. "It also represents a global opportunity. The breakthrough research being done within the Precourt Institute of Energy at Stanford is addressing this challenge to find working solutions through technologies that are sustainable and affordable."
The Vail Global Energy Forum is organized by the Vail Valley Foundation in collaboration with Jay Precourt, Dr. Franklin L. Orr, Dr. James Sweeney and Carl Colby, Executive Director VGEF.
The event will be open to the public, with ticket sales now underway. Tickets are $100 for general admission and $175 for a "Signature Package," which includes reserved seating, pre and post event receptions on Saturday, as well as continental breakfast on Sunday.
Vail Global Energy Forum tickets are available by phone at (888) 920-ARTS(2787) or in person at the Vilar Center box office in Beaver Creek and the Marketplace box office in Vail Village. Tickets are available online 24 hours a day at www.vilarpac.org.
For additional information on the inaugural Vail Global Energy Forum, contact the Vilar Performing Arts Center at (970) 845-TIXS (8497) or visit www.vailglobalenergyforum.com . The Vail Global Energy Forum is a project of the Vail Valley Foundation. For more information on the Foundation, visit www.vvf.org.
"The Vail Global Energy Forum is dedicated to the search for sustainable solutions to one of the most pressing issues of our times – how to produce enough clean, cost-efficient energy from reliable sources to power our global economy while we bridge the transition to breakthrough renewable energy solutions of the future," said Vail resident, Jay Precourt, who endowed the Precourt Institute for Energy at Stanford University.
The VGEF will examine the combined challenges of energy supply, energy security, and the impacts of energy use that will shape the energy transitions underway now and in the decades to come.
"Beaver Creek is an ideal setting for the Vail Global Energy Forum," said Harry Frampton, Chairman of the Vail Valley Foundation's board of directors. "Colorado is both an energy-producing state and an acutely environmentally aware state. It is also home to some of the fastest growing new energy business 'incubators,' devoted to the development of clean energy solutions and Vail Resorts is a recreational leader in utilizing and promoting green technologies."
The VGEF will bring together some of the world's foremost leaders in their fields to discuss how best to provide the energy the world needs to support a productive global economy while limiting adverse effects on the environment. Participants and speakers will include distinguished government officials, corporate executives, research scientists, entrepreneurs, venture capitalists, investors and world-renowned journalists. Confirmed participants include George P. Shultz, former U.S. Secretary of State, Secretary of the Treasury and Secretary of Labor and now Distinguished Fellow of Stanford's Hoover Institution; U.S. Senator Mark Udall of Colorado, Member of the Senate Committee on Energy and Natural Resources; Jeffrey Ball, Former Environment Editor of The Wall Street Journal; Tom Petrie, Vice Chairman of Bank of America; Dr. Ernest Moniz, Director of the Energy Initiative at MIT; Dr. Burton Richter, Nobel Laureate in Physics, Senior Fellow at Stanford; and Dr. Nathan Lewis, Director, Lewis Research Group at Caltech.
Additional speakers and panelists will include Gregory Ebel, President and CEO of Spectra Energy; Tom Siebel, Founder of Siebel Systems; Dr. Franklin M. Orr, Director, Precourt Institute for Energy at Stanford; Dr. James Sweeney, Director, Precourt Energy Efficiency Center at Stanford; Dr. Sally Benson, Director, Global Climate and Energy Project, also at Stanford.
"Satisfying the worldwide demand for efficient and clean energy presents one of the greatest challenges of the century," explained John L. Hennessy, President of Stanford University. "It also represents a global opportunity. The breakthrough research being done within the Precourt Institute of Energy at Stanford is addressing this challenge to find working solutions through technologies that are sustainable and affordable."
The Vail Global Energy Forum is organized by the Vail Valley Foundation in collaboration with Jay Precourt, Dr. Franklin L. Orr, Dr. James Sweeney and Carl Colby, Executive Director VGEF.
The event will be open to the public, with ticket sales now underway. Tickets are $100 for general admission and $175 for a "Signature Package," which includes reserved seating, pre and post event receptions on Saturday, as well as continental breakfast on Sunday.
Vail Global Energy Forum tickets are available by phone at (888) 920-ARTS(2787) or in person at the Vilar Center box office in Beaver Creek and the Marketplace box office in Vail Village. Tickets are available online 24 hours a day at www.vilarpac.org.
For additional information on the inaugural Vail Global Energy Forum, contact the Vilar Performing Arts Center at (970) 845-TIXS (8497) or visit www.vailglobalenergyforum.com . The Vail Global Energy Forum is a project of the Vail Valley Foundation. For more information on the Foundation, visit www.vvf.org.
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