Stephen Barrett wins libel award against Tedd Koren...or does he? PENNSYLVANIA: An arbitration panel composed of Ihreejttomeys has awarded Dr. Stephen Barrett $6,500 in gen-eraLdamages and $ L0,0iKLin4)uniliy£jamages_irjLAiiheLcase one of the world's largest publishers of chiropractic patient education materials. In 2002, Barrett sued Koren for falsely reporting that Barrett had been "delicensed," is a " quackpot," and was "in trouble" because he had been justifiably sued for racketeering. Koren's report was based on a "news release" by Tim Bolen, who, according to Barrett, is "a professional character assassin" whom Barrett is also suing for libel. The arbitrators also ordered Koren to publish a retraction. When asked to comment, Dr. Koren stated, "The 3-panel arbi- their recommendation is non-binding. We are appealing." Get those office procedures revamped BEFORE you take a vacation! TEXAS: ChargesJiLed_irLAugust_agaLnst the owneroLEasl Texas Chiropractic in Jasper for allegedly securing execution of a document by deception have been dismissed. Michael Fleck and his office had been investigated by Austin-based Texas Mutual Insurance Co., which alleged that treatments done by Fleck weren't in line with guidelines for workers' compensation medical fees. Texas Mutual previously reported that Fleck had pleaded no contest to the charges, was fined and was ordered by a Travis County District Court judge to pay restitution to the insurance company. However, that was inaccurate. A senior vice president of public affairs at Texas Mutual, admits the company released incorrect information regarding the defendant in the case. "We got that wrong," he says. "We erred in that statement." During the course of the court proceedings, a plea bargain agreement was reached and all the charges against Fleck were dropped. However, new charges were filed against Fleck's company, which plead no contest in the case, was fined $3,000 and was The attorney representing Fleck and his company in the case says the undercover Texas Mutual investigator posing as an injured worker, who was treated at East Texas Chiropractic as part of the investigation, wasn't even seen by Fleck—that Fleck never personally treated the patient, and that Fleck "was actually on vacation when the patient first came in." According to the attorney, the mix-up stems from an error in which Fleck's office staff sent the undercover investigator's workers' compensation billing to Texas Mutual in Fleck's name, although Fleck wasn't the treating chiropractor. AfierJhejudgejiikdJnJlie.xase^JiieJn^^^ correctly released information announcing Fleck—rather than his company—had been charged and fined. Since the case was filed. East Texas Chiropractic has hired an auditing team to revamp office proce- duxes. Austin Business Journal DC charged in "massive insurance fraud scam" PENNSYLVANIA: A_£Miadelpliia-base.diliir_Qpjactor_was charged in late August with orchestrating a massive insurance-fraud_S£arn that netted moxeJhan $L million. The accused ringleader faces 72 counts and a long list of charges including insurance fraud, forgery, and theft by deception. Thirty-three-year-old Richard Walinsky was the accused ccn-tral figure in the scam, officials said. His mother and 22 Philadcl-pJdia_residents_wexe_^lsiLcharged. Prosecutors say Walinsky hired unlicensed therapists, paid recruiters referral fees to find people to pose as patients, then paid those patients to lie too. But W^linsky!s_attQrney_deisnds his clientand says Walinsky b_elieYed_alLhis_patients_neMed_ and were provided legitimate treatment. "Doctor Walinsky is very distraught. He's a young fellow with no prior record. He has a young family. This was his life." The Attorney General's investigation is ongoing and more arrests are possible. PhillyBurbs.com Just say, "Go!" Ruling clears chiropractor for trial MINNESOTA: If FBI agents show_up_aLyQux. door at 6:30 inthe morning tolalk, buiJrie_>itdLyj3JJJhfiy!lLgQ_away if you want— you can tell them to go away. That's the message the 8th U.S. Circuit Court of Appeals sent a Minneapolis chiropractor in August when it rejected a lower court decision to suppress statements he made to FBI agents investigating him for health care fraud. Now the case against Czichray can proceed to trial. Dx._MidiaeiXzkl)ray_oiLCi)lujnbiaJieightsjt'as indicted in 2QD2 as parLaLaiarger_federalinvestigation into falsified insux:: ance_claims_allegedlyJiled_ b_y_a_grQupuiLcJiirQpractQrs. Earlier this year, Czichray and his attorney convinced a U.S. District Court judge that his statements, made in 2001 to federal inveslt gators who showed up at his home unexpectedly.-should be suppressed. Czichray argued that the two agents never read him his rights during the seven-hour interview. He was told to call in sick to J)is phone.Jde_als£L_saidJhe_agenls Jnside Jhis _house. He claimed the agents said they'd "light up his world" if he refused to speak with them. EederaLpxosecutors counteredjhaUthe_agents_xepealedly_told CzicbxayJhat, if he wanted them to leave, all he had to do was tell them to leave. Czichray never did this. At the end of the interview, prosecutors added, he willingly signed a document detailing what he told the agents. IhaLsigned_stalernenl also ► Ya ► asserted that agents.didJiol threalenJiun. In the August decision, federal appellate judges sided with prosecutors "That a reasonable person is told repeatedly thaLhe_is fiseJta terminate an interview is powerful _e_videnceJhai_a_reaz sonahle person would have understood that Jhe_was. freeJoJet minateJheiiiterview.'" the majority wrote. Czichray was charged with one count of conspiracy, 14 counts of making false statements relating to health care matters and nine counts of health care fraud. Pioneer Press Doctors accused of dispensing bogus prescriptions PENNSYLVANIA: Three doctors are being arrested for alleged Medicaid fraud and drug law__violations, includiiig jwrilingout necessary prescriptions for OxyContin and other drugs, accord-ingto the attorney .general's.office. A press release identified the suspects as Dr. Philip Gary Wagman, Dr. Thomas Wilkins, and Dr. William Mangino II, all of Lawrence County. Information from the federal Drug Enforcement Administra-tiQXLp£Qnip_ted_agents to begin investigating the doctors_in.2QQ3, the attorney general said. Agents searched the doctors' practices in October 2003 and seized appointment books, sign-in sheets and other records. IheJocuinents .allegedly showed that patiejats_wexejcequiredJQ first see Wilkins, a chiropractor, and then visit either Wagman or ManginQjEbjLprescriptions. Patients were required to pay $25 cash per visit with Wilkins and an additional $40 per visit with Wagman or Mangino. A grand jury found that many patients were given prescrip-tions for narcolic pain medications with little or no medical examinations and incomplete or nonexistent medical histories. It also found that patients sometimes visited the doctors and re-C£iYed_prescjiplions several times a week, and sometimes sev-eralJiffies a day, the attorney general said. Wagman is charged with 19 counts of violating the Controlled Substance, Drug Device and Cosmetic Act; 11 counts of Medic-aid fraud; one count of conspiracy to commit Medicaid fraud; and one count of conspiracy to violate the Controlled Substance, Drug Device and Cosmetic Act. Wilkins is charged with_ 19_coiintsjDf Acting_as_an_accomplicje in violating the Controlled ^Substance, Drug Device and Cos-metk Ael;. LL_couuts__Qilacting as an accomplke__to_MedJcaid fraudi.me_CQunLof conspirac.y_to_c_Qmmit_Medicaid_fraud; and one count of conspiracy to violate the Controlled Substance, DjnjgJDeyice and.CosnielLcAcl. Mangino is charged with 11 counts of acting as an accomplice in violating the Controlled Substance. Drug Device and Cosmetic Act; six counts of Medicaid fraud; one count of conspiracy to commit Medicaid fraud; and one count of conspiracy to violate the Controlled Substance, Drug Device and Cosmetic Act. Yahoo! News Chiropractor framed! NEW JERSEY: A Lakewood chiropraciQrJTarlcLE. Amato, who was.charged with drug possession.earlierJhisyear was actually fiame_dJ^aJ3_ayJtLeadman_who_ later plotted to plant more drugs and a knife to incriminate the chiropractor further, according to authorities. Michael Cortese, 59, is charged with possession and distribution of cocaine, possession of a weapon during a drug distribiir tion and conspiracy to commit aggravated assault, according to the Ocean County Prosecutor's Office. Cortese was arrested at his home by members of the Lake-wood and Bay Head police departments and county investigators. His bail was set at $75,000. Authorities said they searched Cortese's home and found drugs—cocaine and the prescription painkiller oxycodone—and switchblade knives. QojteseJs_,airesJt_C5me_aJlexJie_^ilejnplejiJo_ioIicit a man to not know was that the man he recruited is an undercover Lake-wood policeman, authorities said. Cortese delivered about an ounce of cocaine and a switchblade knife to the man for planting in Amato's office, authorities said. They said Cortese planned to fake his being assaulted at Amato's office. Cortese was reportedly hoping "that the (planted) items would be found by the responding officers to the assault." Amato had been arrested and charged in August with one count of possession of a controlled dangerous substance after Cortese called the Ocean County Narcotics Strike Force saying the doctor had drugs at his office, the release said. RolLce_£aund 125 oxycodonc pills in a plastic bag on the bumper of Amato's vehicle outside his olrlc^junJLaJkewood. Amato maintained that the bag was planted on his bumper. Lt. Jeff Bissey of the strike force said his unit is investigating whether Cortese played a role in that incident. Based on infoxmaiion-gatJiexej^diiring_the^mye^sJ%aJLQn_and in Cortese's arrest, the Prosecutor's Office is moving to have the drug charge_against_Amato_dismissed. "My client has been defamed" by Cortese, said Amato's attorney. "It is hard to get someone vindicated. Sometimes people who are charged with crimes are not ordinarily believed. Frankly, the Rrosecutox's_Qffke_does deserve some acknowledgment for havjngJaken action," he added. The charges againstJ^_oxtese_5rej;_onsidexeil_s£c_ond-degree ciimes, punishable by jjp to seven years each upon conviction. Asbuiy Park Press Pass on the information to warn other D. C. 's about events that are really happening to chiropractors. When you see a " yellow page " article in your local, regional, or national newspaper about chiropractic or a fellow chiropractor, fax, e-mail or mail it to us at TAC. For further information, fax: 1-305-716-9212 or see page 4 for our mailing address.
