Permanent Punishment for Conviction for One Ounce of Cocaine Improper Government Overreach and Abuse Reversed Post 4927 Read the full article at https://www.linkedin.com/pulse/permanent-punishment-conviction-one-ounce-cocaine-zalma-esq-cfe-geq1c, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. After Recovery From Cocaine Abuse Dr. Regained License to Practice CMS Refused to Allow Dr. White to Bill Medicare for Services Dr. Stephen White challenged two unfavorable decisions made by the Secretary for the United States Department of Health and Human Services (the “Secretary”) that denied and revoked his Medicare enrollment. The decisions, rendered by the Appellate Division of the Departmental Appeals Board (“Board”), were based on Dr. White’s 2010 guilty plea and deferred prosecution for possession of less than 1 gram of cocaine, which occurred in Texas in 2007. In Stephen White, M.D. v. Xavier Becerra, Secretary for the United States Department of Health and Human Services, No. 2:19-CV-00037-SAB, United States District Court, E.D. Washington (October 28, 2024) the USDC applied entered a judgment reversing the decision of the Secretary [42 U.S.C. § 405(g).] SUMMARY JUDGMENT Summary judgment is appropriate if the movant shows that there is no genuine dispute as to any material fact. BACKGROUND Dr. White is an orthopedic surgeon. In 2006 and 2007, he was arrested and charged with possession of cocaine in Texas. He was able to rehab and become clean of his problem with the drug. The Texas Medical Board revoked his license, but then monitored his recovery and compliance and allowed him to practice again. Dr. White had no violations for nine years following his arrest. He is currently practicing medicine in Washington state and is an enrolled Medicare supplier. The Administrative Law Judge (ALJ) sustained the denial, finding that CMS had a legitimate basis because Dr. White was convicted of a felony offense. The Board affirmed the ALJ’s decision and Dr. White appealed that decision to the USDC. OVERVIEW OF MEDICARE PROGRAM The Medicare program provides health insurance benefits to people sixty-five years old or older and to eligible disabled persons. Suppliers, such as Dr. White, must be enrolled in the Medicare program and be granted billing privileges to be eligible to receive payment for care and services rendered to a Medicare-eligible beneficiary. DENIALS CMS may deny a supplier’s enrollment for any reason stated in federal statutes that allow that CMS may deny a provider’s or supplier’s enrollment in the Medicare program for the some of the following reasons: Felonies such as insurance fraud and similar crimes. REVOCATIONS The ALJ found CMS had a legitimate basis because White was convicted of a felony offense that CMS determined to be detrimental to the bests interest of the Medicare program and its beneficiaries. Dr. White’s presented equitable arguments to the ALJ that 1 he self-reported and was not practicing; 2 using his self-report to deny would encourage other physicians to not self-report, 3 he has fully complied with the terms of the modified license, and eventually he was allowed to practice medicine without limitations. The Board affirmed the ALJ’s decision, upholding CMS’ denial of Dr. White’s Medicare enrollment and rejected Dr. White’s argument that the timing of the revocation action by CMS was clearly retaliatory and intended to apply pressure on Dr. White for additional monetary penalties. ANALYSIS The USDC found CMS’ decisions to deny Dr. White enrollment in Medicare and revoke his privileges, and the subsequent Board’s affirmations were arbitrary and capricious and not supported substantial evidence. CMS did not have a legitimate reason to deny enrollment or revoke because the record does not support CMS’ assertions that Dr. White’s 2010 conviction for simple possession of a small amount of cocaine was detrimental to the best interest of the Medicare program and its beneficiaries. The USDC understood the deference it owed to administrative agencies as they adjudicate numerous complex cases before them. Yet, a court may not simply act as a rubber stamp for agency decisions. Because CMS failed to provide a reasonable basis for denying Dr. White his enrollment in Medicare or revoking his Medicare privileges, the decision of the Secretary is reversed. ZALMA OPINION A doctor should never get involved or addicted to illegal substances like Cocaine. The Fact that a doctor self reports his involvement with the drug, was rehabilitated, clean for nine years, and practices medicine legally, does not pose a danger to Medicare as do those doctors who are arrested every year for fraud. The decision of Becerra, the ALJ and the Board was clearly retaliatory and abusive and the USDC had no choice but to reverse the Board and let the doctor continue to practice medicine and charge Medicare for his services. Overreach by the administrative agency was stopped by the court. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk

Insurance Fraud Requires Doctor to Lose his License Read the full article at https://www.linkedin.com/pulse/insurance-fraud-requires-doctor-lose-his-license-zalma-esq-cfe-l2qkc/?trackingId=8KA%2FEXdvoGfzd13NxusOMw%3D%3D Sexual Misconduct, Fraud, Bribery & Unnecessary Surgery Revokes License Post 4927 Louis Quartararo appealed from an August 22, 2022 final agency decision of the State Board of Medical Examiners (Board), revoking his license to practice medicine and surgery in New Jersey. The Superior Court of New Jersey, in In The Matter Of The Suspension Or Revocation Of The License Of Louis Quartararo, M.D. License No. 25MA07137700 To Practice Medicine And Surgery In The State Of New Jersey, No. A-0425-22, Superior Court of New Jersey, Appellate Division (October 31, 2024) affirmed the revocation. The Board charged Dr. Quartararo with engaging in sexual contact with patients; negligent acts by performing surgeries with co-surgeons who lacked the requisite privileges; and acts of fraud, deception and misrepresentation by miscoding procedures on patient operative reports and listing procedures in the reports he had not performed for the purpose of ensuring insurance coverage. FACTS Quartararo was a physician and Board-certified orthopedic surgeon licensed to practice medicine in New Jersey. Approximately one week before K.D. was scheduled to meet with Board investigators, Quartararo gave K.D. $20,916, which K.D. told an investigator was “for school.” Later, Quartararo’s attorney offered her more money to retract the statement she had made to the Board about her relationship with Quartararo. THE OAL HEARING At a formal hearing, the Board’s expert, Dr. Ashraf addressed Quartararo’s treatment of patient Y.O. revealed that the surgical procedures Quartararo performed were not medically necessary. In reviewing the description of Quartararo’s procedure on Y.O.’s spine, Dr. Ashraf concluded that Quartararo’s surgery on Y.O.’s completely normal spine “is gross negligence.” Regarding the fraud claims alleging that Quartararo had failed to properly code surgical procedures that he performed on E.S., D.C., Y.O., L.V., D.E., and V.C., Dr. Ashraf testified that the “whole function” of the “operations” section on the first page of the operative report was to list the procedures that were performed during the operation and he testified that, despite “laminotomy” appearing on the first page of V.C.’s and D.C.’s reports, their post-surgery MRIs revealed that laminotomies had not been performed. THE ALJ’S DECISION The Administrative Law Judge (ALJ) issued a comprehensive seventy-nine-page decision and concluded that Quartararo had “engaged in gross malpractice, professional misconduct, failure to comply with regulations administered by the Board, and failure to be of good moral character.” On August 22, 2022, the Board filed its final decision, revoking Quartararo’s license for a minimum of seven years from the date of voluntary surrender, April 5, 2019. The Board concluded that Quartararo’s “misconduct warrants a serious penalty in excess of that recommended by [the ALJ]” and that he “flagrantly ignored, and in fact shattered professional norms when he engaged in sexual misconduct with patients Y.R. and K.D.” The Board found Quartararo’s conduct was “so egregious that the only appropriate discipline is a license revocation.” The Board also imposed an aggregate monetary sanction of $343,909.75, comprised of a civil penalty of $90,000, $61,684.75 in costs, and $192,225 in attorney’s fees. Quartararo Argued The Board determined that revocation was warranted because he preyed on two vulnerable patients employed intimidation and coercion tactics to dissuade at least one of his victims-K.D.- from testifying about the true nature of their relation, and resorted to making threats resulting in the issuance of a temporary restraining order against him. Quartararo admitted he had not performed laminotomies and that he had used the laminotomy code to ensure that he would be paid by insurance carriers. He did so rather than correctly coding the procedures he actually performed because of the risk he would otherwise not be paid. ZALMA OPINION Quartararo admitted before the ALJ that he committed fraud by billing insurers for laminotomies that he did not perform. As such he admitted to committing a federal as well as a New Jersey felony that should be presented to the US Attorney and the local District Attorney for prosecution. He lost his license because he took advantage sexually of vulnerable patients, committed gross acts of malpractice and profited from knowing insurance fraud. The people of New Jersey are now safe from his criminal and unprofessional conduct for a few more years, and in my opinion he should be prosecuted and sentenced to prison for the fraud. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk

COP FOLLOWS MAN HOME AFTER TRAFFIC STOP, THEN TASES HIM REPEATEDLY | 14 OTHER VICTIMS | FIRED! Typical PSYCHOPATH LEO in America! HOW LONG will we tolerate this scum who supposedly "works for us" The story is "#Police Protect and Defend the Public" The #Truth is that Police "Protect and Defend the #Criminals in Washington" And they ABUSE THE PUBLIC every day of their career! An #Oath violation occurs EVERY DAY in the life of cops! Most cops take the OATH to "Protect and Defend the #Constitution" as soon as they graduate the Academy..... THEN they get hired on somewhere, and immediately have to TAKE ANOTHER OATH which is diametrically opposed to the first oath! Police CANNOT "uphold the unconstitutional laws of their state" AND "Protect and Defend the Constitution"!!! You cannot serve two masters! Just like the bible says! Police SERVE THE STATE (who writes their paycheck) And they wipe their nasty asses with the constitution AND the rights of Americans! These scumbags are economically terrorizing every American! But they prefer the POOR AMERICANS who cannot afford to fight them in court! What Police do on a daily basis is USELESS ABUSE of Americans! They do not solve crimes, or try to catch "bad guys" They try to WRITE TICKETS and file felony charges on people who have HARMED NOBODY! (There is no legitimate #Crime) A "CRIME" requires a VICTIM! What Police charge these Americans under is NOT the "Law of the LAND" They file these charges under "Maritime Admiralty Law" where they can make sh*t up as they go along! NO AMERICAN belongs within the #Jurisdiction of "Maritime Admiralty Law" We ALL belong under COMMON LAW! Police are part of a criminal CORPORATION that harvests Americans for their money PERIOD! https://old.bitchute.com/video/FlIP1BuRR48/?list=subscriptions

https://www.thegatewaypundit.com/2024/11/tech-billionaire-lifelong-dem-who-donated-biden-2020/

Actually, The Democratic Party Is Hitler. Along about now, you’re probably wondering what sort of mayhem the Party of Chaos is set to unleash on our democracy after their mighty ballot fraud operation fails to overcome the yet more powerful instinct of the voters to expel them from the seats of power they seized by fraud in 2020 and 2022. You can be sure they’ve gamed-out a playbook aimed at paralyzing the nation one way or another if the effort to install Kamala Harris in the White House face-plants, as it appears to be doing in these final days before the reckoning. More likely, the Party will hijack the nation’s legal machinery to cancel the election ex post facto. They’ve done a swell job in advance setting up conditions that make it difficult if not impossible to sort out legal ballots cast from the frauds. So, expect the Party’s chief lawfare ninja Marc Elias, and his zillion-dollar-funded cadre of pettifoggers, to contest the swing-state precincts where their ballot-harvest somehow fell short a few bushels. They’ll file enough lawsuits to gum up the courts until the sun becomes a red dwarf. If the actual numbers add up to a Trump victory, the Democrats will re-brand that as the new “Big Lie” and commence a strenuous campaign in the old media to gaslight the public into believing the vote-count isn’t what it looks like. After all, numbers are math and math is racist. That will provide the rationale, and furnish the game-space, to stop Trump by other means. Anyway you cut it, the hysteria in the body politic is running at a pitch — as Mr. Trump himself might say — that has never been seen before, at least not since Fort Sumter. The Democrats complain that a Trump victory means the Department of Justice will be weaponized against them. Is that rich, or what? It actually tells the whole story since you know the Party always accuses its opponents of exactly what it is already doing. Speaking of which, we must look forward to Judge Juan Merchan’s November 26th sentencing of Mr. Trump in DA Alvin Bragg’s “Stormy Daniels hush money” case. It’s out there, looming, and it ain’t going away. Judge Merchan is going to have to do. . . something! The jury has pronounced Mr. Trump guilty of those 34 “felonies” (based on 34 book-keeping entries, originally misdemeanors, and beyond the applicable statute of limitations). I’d like to see the Judge stash the president-elect in the Rikers Island lockup for a few hours. It’ll be a better stunt than Mr. Trump’s shift serving fries at McDonald’s, or riding the garbage truck after “Joe Biden” called more than half the country that supports him “garbage.” Because a few hours after Mr. Trump settles into his Rikers cell and enjoys his first boloney sandwich, the SCOTUS is going to turn a flame thrower on Judge Merchan and Alvin Bragg and vacate the absurd case and every half-assed procedure that was used to arrive at it, and refer Merchan and Bragg for disbarment for professional misconduct, malicious prosecution, and failure to uphold the law.

Officer Caught Aiding Criminals for Cash Police Officer who took Bribes from Insurance Fraudster Convicted Post 4923 Read the full article at https://www.linkedin.com/pulse/officer-caught-aiding-criminals-cash-barry-zalma-esq-cfe-niboc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Demarkco Johnson (“Johnson”), appealed his convictions and claims the following errors: 1 The trial court abused its discretion in denying appellant’s request for a jury instruction on entrapment. 2 The trial court erred in failing to admonish and/or instruct the witness to stop answering questions with a legal conclusion after defense counsel had objected. 3 Appellant’s convictions are against the manifest weight of the evidence; therefore, his convictions are in violation of the Ohio state constitution and the Sixth and Fourteenth Amendments to the United States Constitution. In State Of Ohio v. Demarkco Johnson, 2024-Ohio-5098, No. 113591, Court of Appeals of Ohio, Eighth District, Cuyahoga (October 24, 2024) resolved the issues on appeal. FACTS Defendants were charged with two counts of conspiracy, three counts of bribery, eight counts of forgery, one count of insurance fraud, one count of identity fraud, and one count of engaging in a pattern of corrupt activity. They engaged in a pattern of corrupt activity charge included a clause alleging that at least one of the incidents of corrupt activity was a felony of the third degree or higher. At trial George Michael Riley, Sr. (“Riley”), testified that he became a confidential source for the Federal Bureau of Investigation (“FBI”), which was investigating corruption in the East Cleveland Police Department. Special Agent Shaun Roth (“Roth”), an agent with the FBI working with the Cleveland Metropolitan Anti-Corruption Task Force, testified that the FBI executed a search warrant for one of Riley’s properties. Harris’s services included running Riley’s name in police databases to check for warrants and blocking off city roads so Riley could move his demolition equipment throughout the city. Two of Riley’s trucks were stolen from his business in East Cleveland. Riley told his contacts at the FBI, and FBI officials instructed him to file a police report with the East Cleveland police just as any other victim would do. Riley cooperated with the FBI. After hearing the evidence, the jury found Johnson guilty of two counts of bribery, as alleged in Counts 5 and 10 of the indictment. The jury acquitted him of all other charges. The court sentenced Johnson to 12 months in prison on both counts and ordered that the two prison terms be served concurrently. Johnson appealed the trial court’s judgment. Law and Analysis - Entrapment Instruction In the first assignment of error, Johnson argues the trial court erred in denying his request for a jury instruction on the defense of entrapment. Entrapment is a ‘confession and avoidance’ defense in which the defendant admits committing the acts charged but claims that the criminal design arose with the state’s agent. There is no entrapment when government officials merely afford opportunities or facilities for the commission of the offense to a criminal defendant who was predisposed to commit the offense. The video evidence showed Johnson handing Riley reports in exchange for money on multiple occasions. Johnson’s conduct demonstrated a ready acquiescence to the inducements offered by the government’s confidential source and a willingness to become involved in criminal activity in exchange for money. The evidence showed that Johnson not only had expert knowledge as to how to create the police reports in a way that could go undetected, but he also had access to the blank police forms that made the concealment of the reports possible. The Court of Appeals found that evidence did not support an entrapment defense. Testimony Pertaining to Bribery In the second assignment of error, Johnson argues the trial court erred by refusing to instruct Roth to refrain from using the word “bribe” or “bribery payment” in response to questions that were not specifically related to bribe payments. Even if Roth had avoided the words “bribe” or “bribery payment,” the outcome of the trial would not have been any different. The overwhelming evidence established that Johnson helped create fake police reports in exchange for money. Manifest Weight of the Evidence Johnson argued his convictions were against the manifest weight of the evidence. The Court of Appeals noted that Johnson’s convictions were not dependent on his knowledge of any insurance scheme or Harris’s separate dealings with Riley. His convictions were based solely on his position as a police officer in the East Cleveland Police Department and his acceptance of cash in exchange for police reports. Video evidence showed Johnson accepting cash from Riley in exchange for the reports on at least two occasions. And, despite Johnson’s argument to the contrary, Johnson played along when Harris introduced him to Riley as Nevels. CONCLUSION The Court of Appeals ordered that a special mandate issue out of the court directing the common pleas court to carry this judgment into execution. The defendant’s conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. ZALMA OPINION There can be no excuse for a police officer to sell information to an insurance criminal to ease the ability of the crime to succeed. Officer Johnson tried multiple arguments to set aside his conviction even though the evidence against him was overwhelming. The Court of Appeals disposed of his arguments quickly and intelligently. Fraud is a crime. Insurance fraud is a crime. Helping the criminal avoid prosecution is also a crime and establishes the officer had given up his honor for cash. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk

Lifelong Democrat Jimmy Dore on why it’s essential to punish and humiliate the Democratic Party eight days from now. https://www.youtube.com/watch?v=ZURLfCVjQ5E

🔥🚨UPDATE: In case anyone was wondering, the “Voter Protection” official telling everyone they can’t vote in Pennsylvania is Democrat official Pam Janvey! She works for Pennsylvania Democrats, not legal poll watchers. Make Voter Protection FRAUD Democrat Bitch Official Pam Janvey Famous. She has committed a felony. https://imgflip.com/i/98g6ra

A Message From Craig From Vermillion County Jail Political prisoner in Indiana #Criminal #Police Officers CONSPIRED AGAINST THIS MAN'S RIGHTS and charged him with FELONY CRIMES over nothing more than Citizen #Journalism (We certainly NEED those, since the MSM are ALL LIARS) These #Indiana Police Officers, and I'm certain a Judge and a corrupt #Prosecutor, has conspired to lock this man in a cage over NOTHING! All this man is guilty of is seeking TRANSPARENCY from our illegitimate and #Corrupt "government" (Which is NOT your government, it's a Corporation) He VIDEO RECORDED A POLICE ENCOUNTER! And that somehow transpired into FELONY CHARGES! The entire interaction can be seen in my last post! Support this man if you have the means! BETTER YET, I want you to MAKE YOUR VOICE HEARD TO INDIANA OFFICIALS! I want you to voice your grievances with the CRIMINALS inside of the state of Indiana's illegitimate "government" WHAT IF THIS WAS YOU??? What if it was your child, or your mother or father??? This is PURELY CRIMINAL BEHAVIOR and a clear violation of TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND 18 U.S.C. § 242 Deprivation of Rights Under Color of Law Since the "Prosecutors" refuse to do their jobs, under our corrupt maritime admiralty law slave system.... We need to go after these people in their PERSONAL CAPACITY! As "MEN & WOMEN who have done real harm" under COMMON LAW! We need to go after their SURETY BONDS! BondsForTheWin.com can show you how! I'm serious folks! We MUST go after these people as MEN and WOMEN! NOT go after the TITLE they are representing! This is a matter of COMMON LAW, and needs to be dealt with as such https://www.youtube.com/watch?v=IkTiZ0GFGJo

What is there to expect from a “convicted felon” who is elected to office? https://thepostmillennial.com/washington-lawmaker-convicted-felon-proposes-bill-to-let-judges-reduce-sentences-for-violent-offenders?utm_campaign=64470