News and Notes

1. Noriega doesn't want to be deported to France. (Miami Herald and pic from Herald)

2. Defense lawyers in Padilla are questioning the translations. (NY Times and AP)

3. "Coral Springs boy, 7, on no-fly list has been delayed at airport three times" (Sun-Sentinel) To the right is his picture, with his mother. How crazy!

Health Care fraud in the DBR

It's Julie Kay's DBR today. She has a whole (cover) section on Medicare fraud, which you can read here. Interesting theories on where health care fraud is coming from -- Jose Quinon says it's from Fidel:

Some lawyers, prosecutors, and agents, however, theorize that the Cuban government is behind Medicare fraud. They argue that the money is routed to Cuba and that’s why prosecutors are never able to get their hands on most of the stolen funds. “I’ve been hearing that Fidel is sending people here to do the fraud for a long time,” Quinon said. A former prosecutor who didn’t want to be identified debunked that theory. “I’ve heard for years, that there are folks … that funnel money back to the island,” he said. “But I have never heard anyone [offer] evidence of a formal tie to the Cuban government.”

Kay's other story deals with Richard Sharpstein's defense of a fraud defendant and prosecutors and agents trying to get him off the case because his law firm represents some of the insurance companies who supposedly have been defrauded. It's getting ugly in that case as agents are calling Sharpstein's firm's clients to inform them of the potential conflict. The case is in front of Judge Hurley and Sharpstein has hired Lewis Tein.

If it wasn't such a busy morning, I'd have more to say about both of these stories. Perhaps later in the day...

Also, check out Jay Weaver's article about Noriega this morning. The litigation is heating up on that case as well as France is trying to get the US to send him there.

"The actions in this case frankly are disgusting and despicable. It almost defies belief."

That was Judge Graham as he sentenced Detective Thomas Simcox, 50, to just over 11 years (which was more than prosecutors has asked for) and a $100,000 fine. He continued: "On the scale of criminal conduct, this case ranks near the top."

Two other officers fared no better in front of Judge Cohn: Hollywood Police Sgt. Kevin Companion was sentenced to 14 years in prison and Officer Stephen Harrison received a nine-year term.

The case as described by the Sun-Sentinel: "The four officers were arrested in February after an FBI sting caught them — on videotape — dealing in stolen diamonds in Atlantic City; transporting stolen art while using police evidence room receipts as cover; protecting crooked card games; and finally, late last year, running protection for what they thought was a shipment of heroin."

Public corruption cases are always tough on the sentencing judge and the cases always raise a host of issues. Should the sentence be higher for a public official (in this case a police officer) than for someone else who does the same act because the official violates public trust? Or should the sentence be lower if the official has done lots of good for society? Or should these two factors be a wash?

More from the article:

Friday morning's sentencing of Companion, 41, and Harrison, 47, included hours of emotional pleadings, while raising the question of how men who all agreed were caring, compassionate family men and good police officers could turn criminal.The amount of money they received — from $12,000 for Harrison up to $42,000 for Companion — was less than they could have made working overtime and extra details, Hollywood police officials have said."Any sentence would serve not only as punishment of Kevin, but of his family and his kids," a tearful Emily Companion, Sgt. Companion's wife, told U.S. District Judge James I. Cohn as she clutched photos of the couple's two children, her husband crying just a few feet away. "We are suffering every minute of every day."Cohn responded sympathetically: "Ma'am, you know it is always the family who suffers the most. Always." Looking at the pictures, he smiled and said, "your children are beautiful."

Oh boy...

I feel bad for the Kenny Nachwalter lawyer (the original post had her name, but I have since deleted it) who filed a notice to appear for the alleged victim in the Chuckie Taylor case (he's the son of former Liberian president Charles Taylor who has been accused of torture). The problem is that the pleading wasn't filed under seal and the name of this victim is supposed to be secret.

The DBR has the story here.

Any thoughts on whether this article should have been published. Seems newsworthy to me, but others have expressed that the article should not have been written or in the alternative should not have included the victim's name. Thoughts?

Federal Judges are people too

I love this story in So. Florida Magazine featuring our very own Judge Ursula Ungaro, who golfs in her spare time. How cool. Judge Ungaro, known as one of the smartest and sharpest judges in the district, can also hit the ball pretty well. Although she normally plays at the Biltmore or Granada, she has played as far away as George, South Africa where she "had to fend off the monkeys, who were trying to steal the balls out of [their] bags."

"Miami black market aquarium supplier gets jail term"

From the Miami Herald:

A Miami man will forfeit his boat and spend 10 months in jail for illegally harvesting brilliantly colorful corallimorphs, prized for saltwater aquariums, from the Florida Keys National Marine Sanctuary.
Alexandre Alvarenga, 40, was sentenced Wednesday by U.S. District Judge Adalberto Jordan, who accepted his guilty plea for illegally taking 900 living specimens of Ricordea florida so that he could sell them.

For more on corallimorphs, read here.

Governor Crist appoints John Thornton

John Thornton was appointed to the state circuit bench today. Congrats to John -- a wonderful appointment from our Governor.

Motions for JOA denied

I'm on the road today, but a reliable source emails me that the motions for judgment of acquittal as to all defendants in the Padilla case were denied.

Defense case to begin Thursday.

For an interesting discussion comparing the government action in Padilla to KPMG, check out www.discourse.net, Professor Froomkin's blog. I will post the exact link when I get back to town.

UPDATE -- here's the link to the interesting post.