Flap's Blog – FullosseousFlap's Dental Blog

Flap yesterday reported that the money laundering convictions of Virginia dentist, Dr. Roy S. Shelburne, involving Medicaid fraud had been set aside by a federal judge.

Now, Flap has the link to the opinion and order of federal district judge, James P. Jones.

Some key graphs:

• The government also called four local dentists, who characterized Dr. Shelburne’s work as subpar.

• At trial, both the government and the defendant relied on retained dental experts who had extensively reviewed Dr. Shelburne’s records, as well as personally examining and evaluating some of his patients. Both experts were well-qualified but their opinions were dramatically different. Dr. Marquetta Poynter, the government’s expert, found that Dr. Shelburne had performed unnecessary procedures; Dr. Susan Phillips, the defense expert, found Dr. Shelburne’s work to be acceptable and any incorrect billings to DMAS shown by the record to be only the normal errors produced in any dental office. Dr. Shelburne testified on his own behalf and denied any intent to defraud.

• The defendant argues that the evidence showed that he acted in good faith in his dental practice, with no intent to defraud.5 Similarly, he contends that he acted with a “legitimate medical purpose and within the bounds of accepted medical practice.” (Mem. Supp. Mot. J. Acquittal or New Trial 11.) I agree that his evidence supported such a defense, but there was substantial evidence to the contrary. A verdict in Dr. Shelburne’s favor certainly would have been plausible and equally supportable. Under our system of justice, however, the jury’s view of the evidence cannot be set aside where, as here, there was substantial evidence to support it.

• In summary, I find that all of Dr. Shelburne’s money laundering convictions must be set aside. I will otherwise affirm all of his remaining convictions. It thus appearing proper, it is ORDERED as follows:
• 1. The Motion for New Trial (#284) is denied;
• 2. The Motion for Judgment of Acquittal (#284) is granted in part and denied in part;
• 3. Judgment of acquittal is entered as to Counts Three, Four, Five, Six, Seven, Eight, and Nine of the superseding Indictment; and
• 4. The Motion for Judgment of Acquittal is otherwise denied.

The Bristol Herald Courier quotes Tony Giorno, the U.S. assistant attorney who prosecuted the case, as saying that his team may appeal the decision. He described the U.S. Supreme Court ruling on the money laundering statute as a “sea change” in the law, saying “we knew we would have problems with that…..”“We have to decide, in-house or at the Department of Justice, if we’re going to live with that interpretation in future cases.”

Dr. Shelburne is considering whether to appeal the other three remaining convictions. Shelburne’s dental license will be revoked after he is sentenced on July 10.

However, now after reading the judge’s opinion, Flap is pessimistic that there will be a plea deal to spare Dr. Shelburne jail time and the loss of his dental license. The three remaining convictions are federal felonies and the judge denied the remaining motion(s) to set aside the verdict of the jury.

Dr. Shelburne can appeal and request bail while the case is under appeal but this may only postpone the inevitable if he loses in the appellate court. His dental license will be revoked, in any case.

Stay tuned……

Previous:

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court – Part Two

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court

The Case of Dentist Dr. Roy S. Shelburne – Sentencing Postponed

Paul Mirengoff pretty much sums up the Wesley Clark-John McCain military record flap.

Like much that’s going on in the presidential campaign these days, I didn’t find much of interest in Wes Clark’s assessment of the relationship between John McCain’s military service and McCain’s credentials to be president. In view of the astonishing thinness of Obama’s credentials, some wondered what Clark was thinking when he made his comment. The answer is: “I should be president.”

I did find it amusing to hear some liberals challenge those conservatives who were offended by Clark’s remark to explain why they weren’t similarly outraged when the Swiftvets questioned John Kerry’s military record in 2004. The two cases are quite different. If those who were in prison with McCain in North Vietnam were to say that McCain wasn’t really tortured, or to say that McCain went on Hanoi radio to accuse U.S. troops of criminal conduct, then the two cases would become analogous. And then you would have an interesting issue.

All Clark did over the last few days was highlight the fact that Barack Obama has NO military experience.

Flap wonders if General Clark, originally a Hillary Clinton supporter, is actually trying to sabotage Obama by pointing out the thinness of his military and foreign policy record?

Clinton Cabal stuff?

Hum……….

Previous:

John McCain Watch: Obama Should Cut Wesley Clark Loose

John McCain Watch: The 8th Attack on Military Record – James Webb Edition Pushback

John McCain Watch: The 8th Attack on Military Record – James Webb Edition

General Wesley Clark Attacks McCain AGAIN

John McCain Watch: Wesley Clark Comment “UNNECESSARY”

Barack Obama Throws General Wesley Clark Under the Bus Over McCain War Remarks

Former New York Mayor and GOP Presidential candidate Rudy Giuliani while speaking as a John McCain “SURROGATE” on CNN yesterday let it slip that he still thinks HE is the best choice to be President.

When asked by interviewer John Roberts whether he thought he was better qualified than McCain to run the country, Giuliani said, “I thought I was best-qualified to be president.” (The video is here, and this exchange comes around the 3:12 mark).

Rudy had his chance and could have made this EXACT point while running against John McCain in New Hampshire, but he didn’t. Giuliani declined to run tough contrast ads and paid the price in a disastrous, failed campaign.

You gotta want it, Rudy, when it presents itself.

Flap doubts Team McCain will be calling on Giuliani in the near future for more surrogate work.

The buzz the past few days since it was released that Barack Obama had met with former Bush Administration Secretary of State and Chairman of the Joint Chiefs of Staff, Colin Powell, has been that an endorsement of Obama for President was imminent.

Robert Novak, the conservative pundit has written and was interviewed on Fox News repeating the mantra of an Obama endorsement by Powell.

Jim Geraghty, too, writes that it is almost a done deal and that it matters.

I’ll be stunned if Colin Powell does not endorse Barack Obama. (Today brings word that they met June 18.) Right now, Powell’s going to be largely, if not primarily, remembered as the man who sold the Iraq war at the United Nations. When Powell passes on, a reference to “showcasing erroneous intelligence about weapons of mass destruction that were not found in Iraq” will crop up no later than the third sentence in his obituary.

It’s hard to believe that’s how he wants to be remembered, demonized by nearly half the country and most of the world’s elites as “Bush’s enabler.”

But if Powell endorses Obama, it will not only be a PR and momentum bonanza for the Democratic nominee, but the retired general will be touted as the man who put his credibility on the line for Obama. The questions surrounding Obama – experience, accomplishments, familiarity with the military and national security issues, connection to middle-American values – are all Powell’s strengths. If the retired general and former Secretary of State says Obama will do okay as commander-in-chief, a lot of Americans will exhale with relief.

Flap disagrees. If Colin Powell endorses Obama it will mean little in the campaign. Why?

1. Colin Powell is African American and race will matter in this Presidential campaign. Name one African American that is NOT endorsing Obama. Really….name one.

2. The Left wing of the Democrat Party will NEVER forgive Powell for being George Bush’s enabler for the Iraq War and that he worked in the Bush I and Reagan Administrations.

Powell has already contributed the maximum to John McCain’s campaign and will be questioned as a hypocritical flip-flopper should he do likewise for Obama.

There is too much downside for Powell to be involved in this race. But, should he throw his support behind Obama he will be beaten up by the left and right – neutralizing any gain for Obama or Powell.

Flap yesterday reported that the money laundering convictions of Virginia dentist, Dr. Roy S. Shelburne, involving Medicaid fraud had been set aside by a federal judge.

A federal judge on Tuesday overturned all seven money laundering convictions against a Pennington Gap, Va., dentist, which could set a precedent for how the government prosecutes such cases.

In his order, James P. Jones, chief judge for the Western District of Virginia, upheld three convictions of Roy Silas Shelburne for racketeering, structuring a financial transaction and defrauding Medicaid. Jones’ reversal of the jury’s verdict on the money laundering convictions comes on the heels of a decision last month by the U.S. Supreme Court interpreting the statute, which set a higher burden for prosecutors alleging the offense.

A jury’s convictions are evaluated in the light most favorable to the government, and Jones’ decision to vacate them underscored a substantial shift in the legal grounding of the case.

“To say that I’m pleased with Judge Jones’ opinion in this matter would be an understatement,” said Dennis Jones, Shelburne’s attorney, who previously described the jury’s verdict as the “greatest miscarriage of justice” he had seen in his legal career.

The judge’s order, he said Tuesday, “is significantly in keeping with what my understanding of the law was. He’s right on.”

Dr. Shelburne continues to face considerable jeopardy with the three remaining felony convictions when he is sentenced on July 10th. He is considering an appeal.

Undoubtedly, there will be new motions to set aside the three other convictions and to allow Dr. Shelburne bail pending appeal.

However, even if the judge allows bail while the appeal is considered, Dr. Shelburne would have his dental license revoked during the appeal process.

Flap bets there is a plea deal before the 10th which would allow Dr. Shelburne to continue to practice dentistry but under financial supervision for a period of time and the payment of a fine.

The case appears thin and the federal prosecutors have definitley been slapped by the judge.

Stay tuned……

Previous:

The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court

The Case of Dentist Dr. Roy S. Shelburne – Sentencing Postponed

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Technorati Tags: Dr. Roy S. Shelburne

Matt Drudge has the exclusive:

In what is being described as an unprecedented radio contract, Limbaugh will keep his syndicated show on-the-air and e-v-e-r-y-w-h-e-r-e through 2016 with CLEAR CHANNEL and PREMIERE RADIO.

Already host of the most lucrative hours since radio’s inception, Limbaugh’s total package is valued north of $400 million, according to media insiders.

The NEW YORK TIMES will claim this weekend that Limbaugh, marking 20 years this summer as a national host, has secured a 9-figure signing bonus for the new deal, newsroom sources tell DRUDGE.

Air America on the LEFT goes bankrupt and Rush Limbaugh secures a deal for $400 million. Does that tell you anything Snerdley?

Certainly it is why the Democrats will push the Fairness Doctrine if Barack Obama is elected President.

Congrats Rush…….

Mayor Gavin Newsom, the darling of the San Francisco homosexual community has established an exploratory committee to run for California Governor in 2010.

San Francisco Mayor Gavin Newsom, a Democrat best known for his aggressive support of same-sex marriage, launched an exploratory committee Tuesday to consider a 2010 run for governor.

Newsom, 40, is the first Democrat to make a formal move toward replacing Republican Gov. Arnold Schwarzenegger.

“He’s taking the steps to put together the type of operation that can analyze the race in 2010 and make an informed decision,” said Newsom consultant Eric Jaye.

Newsom has a FAR LEFT constituency and personal baggage that will deny him the Democrat nomination. The frontrunner at this time has to be Attorney General and former California Governor Jerry Brown.

Other likely Democrat candidates include:

• Steve Westley – former California controllerand 2006 candidate for Governor
• Antonio Villaraigosa – Mayor of Los Angeles
• Jack O’Connell – State Schools Superintendent
• Bill Lockyer – California Treasurer and former Attorney General

The GOP would relish a Newsom candidacy but it won’t happen.