U.S. District Court
Eastern District of Missouri (LIVE) (St. Louis)
CRIMINAL DOCKET FOR CASE #: 4:05-cr-00667-SNL-2,3,4,5


Case title: USA v. Wachter et al

Date Filed: 11/17/2005
Date Terminated: 02/28/2007

Assigned to: Honorable Stephen N. Limbaugh

Defendant (2)
American Healthcare Management, Inc.
TERMINATED: 02/28/2007
represented byPatrick M. Flachs
HUSCH BLACKWELL, LLP
The Plaza in Clayton
190 Carondelet Plaza
Suite 600
St. Louis, MO 63105
636-530-7857
Fax: 314-429-7575
Email: patrick.flachs@sbcglobal.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harvey M. Tettlebaum
HUSCH BLACKWELL, LLP
235 E. High Street
P.O. Box 1251
Jefferson City, MO 65101-1251
573-635-9118
Fax: 573-634-7854
Email: harvey.tettlebaum@huschblackwell.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1r)
Defendant organization is placed on a term of two years probation.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE STATEMENTS/HEALTH CARE BENEFIT PROGRAMS
(2r-6r)
Counts two through six are dismissed on the motion of the US.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Honorable Stephen N. Limbaugh

Defendant (3)
Claywest House Healthcare, LLC
TERMINATED: 02/28/2007
represented byPatrick M. Flachs
HUSCH BLACKWELL, LLP
The Plaza in Clayton
190 Carondelet Plaza
Suite 600
St. Louis, MO 63105
636-530-7857
Fax: 314-429-7575
Email: patrick.flachs@sbcglobal.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harvey M. Tettlebaum
HUSCH BLACKWELL, LLP
235 E. High Street
P.O. Box 1251
Jefferson City, MO 65101-1251
573-635-9118
Fax: 573-634-7854
Email: harvey.tettlebaum@huschblackwell.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1r)
Defenant organization is placed on two years probation. See J&C for details.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE STATEMENTS/HEALTH CARE BENEFIT PROGRAMS
(2r-6r)
Counts two through six are dismissed on motion by the US.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Honorable Stephen N. Limbaugh

Defendant (4)
Oak Forest North, LLC
TERMINATED: 02/28/2007
represented byPatrick M. Flachs
HUSCH BLACKWELL, LLP
The Plaza in Clayton
190 Carondelet Plaza
Suite 600
St. Louis, MO 63105
636-530-7857
Fax: 314-429-7575
Email: patrick.flachs@sbcglobal.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harvey M. Tettlebaum
HUSCH BLACKWELL, LLP
235 E. High Street
P.O. Box 1251
Jefferson City, MO 65101-1251
573-635-9118
Fax: 573-634-7854
Email: harvey.tettlebaum@huschblackwell.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1r)
Defendant organization is placed on probation for a term of two years.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE STATEMENTS/HEALTH CARE BENEFIT PROGRAMS
(2r-6r)
Counts two through six are dismissed on motion by the government.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Honorable Stephen N. Limbaugh

Defendant (5)
Lutheran Health Care, LLC
TERMINATED: 02/28/2007
represented byPatrick M. Flachs
HUSCH BLACKWELL, LLP
The Plaza in Clayton
190 Carondelet Plaza
Suite 600
St. Louis, MO 63105
636-530-7857
Fax: 314-429-7575
Email: patrick.flachs@sbcglobal.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Harvey M. Tettlebaum
HUSCH BLACKWELL, LLP
235 E. High Street
P.O. Box 1251
Jefferson City, MO 65101-1251
573-635-9118
Fax: 573-634-7854
Email: harvey.tettlebaum@huschblackwell.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1r)
Defendant organization is placed on probation for a term of two years.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
FALSE STATEMENTS/HEALTH CARE BENEFIT PROGRAMS
(2r-6r)
Counts two through six are dismissed on the motion of the USA.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byDorothy L. McMurtry
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-2196
Email: dorothy.mcmurtry@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Howard J. Marcus
OFFICE OF U.S. ATTORNEY
111 S. Tenth Street
20th Floor
St. Louis, MO 63102
314-539-2200
Fax: 314-539-7695
Email: howard.marcus@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/17/2005INDICTMENT referred to Magistrate Judge David D. Noce as to Robert D. Wachter (1) count(s) 1, 2-6, American Healthcare Management, Inc. (2) count(s) 1, 2-6, Claywest House Healthcare, LLC (3) count(s) 1, 2-6, Oak Forest North, LLC (4) count(s) 1, 2-6, Lutheran Health Care, LLC (5) count(s) 1, 2-6. (Attachments: # 1 Criminal Cover Sheet - Wachter# 2 Criminal Cover Sheet - American# 3 Criminal Cover Sheet - Claywest# 4 Criminal Cover Sheet - Oak Forest# 5 Criminal Cover Sheet - Lutheran) (SAJ, ) (Entered: 11/18/2005)
11/17/2005REDACTED INDICTMENT as to Robert D. Wachter (1): Former count 1 is now count 1r. Former count 2-6 is now count 2r-6r. American Healthcare Management, Inc. (2): Former count 1 is now count 1r. Former count 2-6 is now count 2r-6r. Claywest House Healthcare, LLC (3): Former count 1 is now count 1r. Former count 2-6 is now count 2r-6r. Oak Forest North, LLC (4): Former count 1 is now count 1r. Former count 2-6 is now count 2r-6r. Lutheran Health Care, LLC (5): Former count 1 is now count 1r. Former count 2-6 is now count 2r-6r.. (SAJ, ) (Entered: 11/18/2005)
11/17/2005ENTRY OF ATTORNEY APPEARANCE Howard J. Marcus, Dorothy L. McMurtry appearing for USA. (SAJ, ) (Entered: 11/18/2005)
11/17/2005  Summons Issued in case as to American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC Initial Appearance set for 11/22/2005 11:00 AM in Courtroom 17N before Mag Judge David D. Noce. (SAJ, ) (Entered: 11/18/2005)
11/21/2005ENTRY OF ATTORNEY APPEARANCE: by Patrick M. Flachson behalf of American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC (Flachs, Patrick) (Entered: 11/21/2005)
11/22/2005Minute Entry for proceedings held before Judge David D. Noce :Arraignment: Parties present for arraignment. Defendant waives reading of indictment, plea of not guilty as to Oak Forest North, LLC (4) Count 1r,2r-6r and Lutheran Health Care, LLC (5) Count 1r,2r-6r and American Healthcare Management, Inc. (2) Count 1r,2r-6r and Claywest House Healthcare, LLC (3) Count 1r,2r-6r held on 11/22/2005 Criminal Pretrial Motion due by 1/23/2006. Evidentiary Hearing set for 2/9/2006 02:00 PM before Mag Judge David D. Noce. Jury Trial set for 3/6/2006 09:30 AM before Honorable Stephen N. Limbaugh. (Court Reporter or FTR Gold Operator initials:cliddy.) (FTR Gold : yes.) (proceedings started: 11:02a.) (proceedings ended: 11:09a.) (Defendant Location: corporate.) (CQL, ) (Entered: 11/22/2005)
11/22/200510 ORDER CONCERNING PRETRIAL MOTIONS as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC Forthwith each party may propound to opposing party and may file w/the court any request for pretrial disclosure of evidence or information not later than 1/9/06. The parties shall respond to any such request for pretrial disclosure not later than 1/16/06. Counsel for defendant to file with the court a memorandum if defendant chooses not to file any pretrial motions not later than 1/23/06. Criminal Pretrial Motion due by 1/23/2006. Evidentiary Hearing set for 2/9/2006 02:00 PM before Mag Judge David D. Noce. Jury Trial set for 3/6/2006 09:30 AM before Honorable Stephen N. Limbaugh.. Signed by Judge David D. Noce on 11/22/05. (CQL, ) (Entered: 11/22/2005)
11/30/200514 ENTRY OF ATTORNEY APPEARANCE: by Harvey M. Tettlebaumon behalf of American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC (Tettlebaum, Harvey) (Entered: 11/30/2005)
12/12/200516 Summons Returned Unexecuted in case as to Claywest House Healthcare, LLC (LLW, ) (Entered: 12/12/2005)
12/13/200517 Summons Returned Unexecuted in case as to Oak Forest North, LLC (CQL, ) (Entered: 12/14/2005)
01/06/200619  MOTION to Continue Jury Trial and Deadlines ; Jury Trial and Deadlines by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Attachments: # 1 Text of Proposed Order)(Tettlebaum, Harvey) (Entered: 01/06/2006)
01/17/200620 ORDER CONCERNING PRETRIAL MOTIONS SEE THIS ORDER FOR ALL DEALINE SPECIFICS as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC Forthwith each party may propound to opposing party and may file w/the court any request for pretrial disclosure of evidence or information not later than 2/1/06. The parties shall respond to any such request for pretrial disclosure not later than 2/10/06. Counsel for defendant to file with the court a memorandum if defendant chooses not to file any pretrial motions not later than 5/1/06. Criminal Pretrial Motion due by 5/1/2006. Evidentiary Hearing set for 5/15/2006 10:00 AM before Mag Judge David D. Noce. Jury Trial set for 7/10/2006 09:00 AM before Honorable Stephen N. Limbaugh.. Signed by Judge Stephen N. Limbaugh on 1/17/06. (LLW, ) (Entered: 01/17/2006)
02/27/200621 ORDER as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC Jury Trial set for 10/30/2006 09:00 AM before Honorable Stephen N. Limbaugh.. Signed by Judge Stephen N. Limbaugh on 2/27/06. FURTHER all other scheduling set out in the order of 1/17/06 remains in full effect (LLW, ) (Entered: 02/27/2006)
02/27/2006  REMARK -- Due to filing error, there will not be a document number 22 in this case. (KCM, ) (Entered: 02/27/2006)
03/06/200624  MOTION for Extension of Time to File Response/Reply by USA as to defendantRobert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (McMurtry, Dorothy) (Entered: 03/06/2006)
03/07/200625 ORDER : 24 the motion of the United States for an extension of time until March 8, 2006, to file a response to defense motions to quash subpoena and for a protective order is sustained; a hearing on the aforesaid defense motions is set for Wednesday, March 22, 2006, at 2pm ; Motion Hearing set for 3/22/2006 02:00 PM in Courtroom 17N before Mag Judge David D. Noce.. Signed by Judge David D. Noce on 3/7/06. (KKS, ) (Entered: 03/07/2006)
03/22/200635 Minute Entry for proceedings held before Judge David D. Noce :Motion Hearing as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC held on 3/22/2006 re 23 MOTION to Quash Government' filed by Robert D. Wachter, the Court hears oral argument and takes this matter under submission (Defendant not present) (Court Reporter or FTR Gold Operator initials:L Wildermuth.) (FTR Gold : yes.) (proceedings started: 2:00.) (proceedings ended: 2:50.) (LLW, ) (Entered: 03/22/2006)
04/12/200636 SCHEDULING ORDER as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. Evidentiary Hearing reset to 6/19/2006 10:00 AM in Courtroom 17N before Mag Judge David D. Noce. Signed by Judge David D. Noce on 4/12/06. (KLH, ) (Entered: 04/12/2006)
04/19/200637 MEMORANDUM AND ORDER as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 23 MOTION to Quash Government' filed by Robert D. Wachter, ; is DENIED IT IS HEREBY ORDERED that the motion of defendant Robert Wachterto quash subpoena and for a protective order (Doc. 23) is denied.The parties are advised that they have ten (10) days to filewritten objections to this Order. The failure to file timely, writtenobjections may result in a wavier of the right to appeal issues of fact.. Signed by Judge David D. Noce on 4/19/06. (LLW, ) (Entered: 04/19/2006)
04/26/200639 ORDER as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. ORDERED that the motion of defendant Robert Wachter 38 for leave to file a brief in excess of fifteen pages is sustained only to the extent that defendant may file a twenty-five (25) page brief. Oral Argument Hearing set for 6/19/2006 10:00 AM in Courtroom 17N before Mag Judge David D. Noce. Signed by Judge David D. Noce on 4/26/06. (KLH, ) (Entered: 04/26/2006)
04/28/200643  MOTION for Leave to File a Memorandum of Law in Support of Motion to Dismiss in Excess of Fifteen (15) Pages by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Flachs, Patrick) (Entered: 04/28/2006)
05/01/200644  MOTION to Withdraw Document Motion for Leave to File a Memorandum of Law in Support of Motion to Dismiss in Excess of Fifteen (15) Pages by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200649  MOTION to Compel Disclosure of Favorable Evidence Under Brady by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200650 MEMORANDUM in Support by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 49 MOTION to Compel Disclosure of Favorable Evidence Under Brady (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200651 NOTICE by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC of: Certificate of Compliance (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200652  MOTION for Leave to File Additional Motions by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200653  MOTION to Compel Compliance with Rule 26.2 of The Federal Rules of Criminal Procedure and the Jencks Act by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200654 MEMORANDUM in Support by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 53 MOTION to Compel Compliance with Rule 26.2 of The Federal Rules of Criminal Procedure and the Jencks Act (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200655 ORDER sustaining 43 Motion for leave to file a twenty-five page memorandum in support of their motion to dismiss by defendants American Healthcare Management, Inc. (2), Claywest House Healthcare, LLC (3), Oak Forest North, LLC (4), Lutheran Health Care, LLC (5). Signed by Judge David D. Noce on 5/1/06. (KLH, ) (Entered: 05/01/2006)
05/01/200656  MOTION to Seal Document Memorandum in Support of Motion to Compel Discovery by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200657 MEMORANDUM in Support of Motion to Compel Discovery by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Attachments: # 1 Exhibit April 14, 2006 letter# 2 Exhibit April 5, 2006 letter# 3 Exhibit January 31, 2006 letter# 4 Exhibit April 21, 2006 letter# 5 Exhibit December 8, 2005 letter# 6 Exhibit February 14, 2006 letter# 7 Exhibit January 9, 2006 letter)(Flachs, Patrick) FILED UNDER SEAL. Modified on 5/2/2006 (KLH, ). (Entered: 05/01/2006)
05/01/200658  MOTION to Compel Discovery by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200659 MEMORANDUM in Support by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 58 MOTION to Compel Discovery (Attachments: # 1 Exhibit Redacted April 14, 2006 letter# 2 Exhibit April 5, 2006 letter# 3 Exhibit January 31, 2006 letter# 4 Exhibit April 21, 2006 letter# 5 Exhibit December 8, 2005 letter# 6 Exhibit February 14, 2006 letter# 7 Exhibit January 9, 2006 letter)(Flachs, Patrick) DUPLICATE OF DOC. 57 WITH REDACTED EXHIBIT. Modified on 5/2/2006 (KLH, ). (Entered: 05/01/2006)
05/01/200662  MOTION for Leave to: Join Defendant Wachter's Motions by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Flachs, Patrick) (Entered: 05/01/2006)
05/01/200663 NOTICE by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC of: Filing Document Under Seal (Flachs, Patrick) (Entered: 05/01/2006)
05/05/200664  MOTION for Extension of Time to File Response/Reply to Defendants' Pretrial Motions by USA as to defendant Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (McMurtry, Dorothy) (Entered: 05/05/2006)
05/05/200668 RESPONSE in Opposition by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 64 MOTION for Extension of Time to File Response/Reply Objection to Government's Motion for Extension of Time (Attachments: # 1 Text of Proposed Order on Governments Motion for an Extension of Time)(Tettlebaum, Harvey) (Entered: 05/05/2006)
05/05/200669 First MOTION to Compel Government Compliance with Order that Government File by May 1, 2006, its Motion for Pretrial Determination of Admissibility of Evidence by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Attachments: # 1 Text of Proposed Order Compelling Government to Comply with January 17, 2006 Order Requiring Government to File Motion for Pretrial Determination of Admissibility of Evidence by May 1, 2006)(Tettlebaum, Harvey) (Entered: 05/05/2006)
05/09/200670 ORDER SUSTAINING 44 Motion to Withdraw Document as to American Healthcare Management, Inc. (2), Claywest House Healthcare, LLC (3), Oak Forest North, LLC (4), Lutheran Health Care, LLC (5); SUSTAINING 47 Motion to Compel as to Robert D. Wachter (1); SUSTAINING 58 Motion to Compel as to American Healthcare Management, Inc. (2), Claywest House Healthcare, LLC (3), Oak Forest North, LLC (4), Lutheran Health Care, LLC (5); SUSTAINING 49 Motion to Compel as to American Healthcare Management, Inc. (2), Claywest House Healthcare, LLC (3), Oak Forest North, LLC (4), Lutheran Health Care, LLC (5); SUSTAINING 53 Motion to Compel as to American Healthcare Management, Inc. (2), Claywest House Healthcare, LLC (3), Oak Forest North, LLC (4), Lutheran Health Care, LLC (5); SUSTAINING 56 Motion to Seal Document as to American Healthcare Management, Inc. (2), Claywest House Healthcare, LLC (3), Oak Forest North, LLC (4), Lutheran Health Care, LLC (5); SUSTAINING 62 Motion for Leave as to American Healthcare Management, Inc. (2), Claywest House Healthcare, LLC (3), Oak Forest North, LLC (4), Lutheran Health Care, LLC (5). Signed by Judge David D. Noce on 5/9/06. (KLH, ) (Entered: 05/09/2006)
05/22/200672  MOTION to Quash Government's May 9, 2006 Subpoena Duces Tecum Issued to Cathedral Rock of St. Charles, Inc., d/b/a Blanchette Place Care Center for Production of Certain Records, and Motion for Protective Order to Bar Government From Use Of Administrative Subpoena To Gather Evidence In This Cause by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Attachments: # 1 Copy of Subpoena Duces Tecum # 2 Memorandum in Support # 3 Proposed Order)(Tettlebaum, Harvey) Modified on 5/23/2006 (KLH, ). (Entered: 05/22/2006)
05/22/200673  SUPPLEMENTAL Proposed Order (Replacing Attachment 3) re 72 Motion to Quash by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Tettlebaum, Harvey) Modified on 5/23/2006 (KLH, motion terminated, text modified). (Entered: 05/22/2006)
05/26/200676 ORDER as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC: ORDERED that the June 1, 2006, hearing...is hereby vacated. Signed by Judge David D. Noce on 5/26/06. (KLH, ) (Entered: 05/26/2006)
05/30/200677 RESPONSE to Motion by USA as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 72 MOTION to Quash (McMurtry, Dorothy) (Entered: 05/30/2006)
06/01/200678 RESPONSE to Motion by USA as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 45 First MOTION to Strike Surplusage, 60 MOTION for Bill of Particulars, 48 First MOTION to Dismiss Indictment/Counts, 49 MOTION to Compel, 47 First MOTION to Compel Discovery, 46 First MOTION to Sever Defendant, 53 MOTION to Compel (McMurtry, Dorothy) (Entered: 06/01/2006)
06/01/200679 Sealed Document: Attachment 1 to 78 Government's Response to Defendants Motions. FILED UNDER SEAL. (KLH, ) (Entered: 06/02/2006)
06/13/200681  MOTION to Strike by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Attachments: # 1 Exhibit Letter dated Dec. 8, 2005# 2 Exhibit Letter dated Jan. 31, 2006# 3 Exhibit Letter dated Feb. 14, 2006)(Tettlebaum, Harvey) (Entered: 06/13/2006)
06/13/200682 MEMORANDUM in Support by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 53 MOTION to Compel, 58 MOTION to Compel, 49 MOTION to Compel Consolidated Reply Memorandum to Government's Response (Flachs, Patrick) (Entered: 06/13/2006)
06/14/200691 Second MOTION for Leave to: Join Pleadings Filed by Defendant Robert Wachter by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Attachments: # 1 Text of Proposed Order)(Flachs, Patrick) (Entered: 06/14/2006)
06/14/200692 RESPONSE in Opposition by USA as to American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 81 MOTION to Strike (Attachments: # 1 Exhibit 1)(McMurtry, Dorothy) Modified on 6/15/2006 (KLH, ). (Entered: 06/14/2006)
06/16/200694 REQUEST for Issuance of Subpoena(s) by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC (Flachs, Patrick) (Entered: 06/16/2006)
06/16/200695 Third MOTION to Compel Motion to Join Pleadings filed by Defendant Robert D. Wachter by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Attachments: # 1 Text of Proposed Order)(Tettlebaum, Harvey) (Entered: 06/16/2006)
06/19/200696 Minute Entry for proceedings held before Judge David D. Noce :Evidentiary Hearing as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC held on 6/19/2006; the Court hears testimony and takes the matter under submission (Court Reporter or FTR Gold Operator initials:Angie Daley.) (FTR Gold : no.) (proceedings started: 10:02-11:52.) (proceedings ended: 2:06-3:39.) (Defendant Location: released.) (LLW, ) (Entered: 06/20/2006)
06/22/200697 AFFIDAVIT by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC (Flachs, Patrick) (Entered: 06/22/2006)
06/28/200698 Letter from U.S. Attorney's Office to defense counsel re: summaries (LLW, ) (Entered: 06/29/2006)
07/06/200699 TRANSCRIPT ORDER REQUEST by USA as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC (McMurtry, Dorothy) (Entered: 07/06/2006)
07/07/2006  REMARK: Govt's Transcript request printed and forwarded to Court Reporter, Angie Daley (KKS, ) (Entered: 07/07/2006)
07/11/2006100 ORIGINAL TRANSCRIPT (Pilot) as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC proceedings of Evidentiary Hearing held on 6/19/06 before Judge David D. Noce. Court Reporter: A. Daley. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Criminal Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 07/11/2006)
07/14/2006101 ORDER AND RECOMMENDATIONS READ ORDER FOR ALL SPECIFICS as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 95 MOTION to Compel-SUSTAINED, DENYING 45 First MOTION to Strike Surplusage,DENIED 81 MOTION to Strike, DENIED 60 MOTION for Bill of Particulars, DENIED 69 First MOTION to Compel Government Compliance with Order that Government File by May 1, 2006, its Motion for Pretrial Determination of Admissibility of Evidence, RECOMMENDING that 48 First MOTION to Dismiss Indictment/Counts, 72 MOTION to Quash, be DENIED, DENYING 66 First MOTION to Compel Government Compliance with Order that Government File by May 1, 2006, its Motion for Pretrial Determination of Admissibility of Evidence, RECOMMENDING 46 First MOTION to Sever Defendant BE DENIED, DENYING 52 MOTION for Leave to File Additional Motions, DENYING 80 Second MOTION to Compel Government Compliance with Order that Government File by May 1, 2006, its Motion for Pretrial Determination of Admissibility of Evidence Objections to R&R due by 8/1/2006. Signed by Judge David D. Noce on 7/14/06. (LLW, ) (Entered: 07/14/2006)
08/01/2006103 OBJECTION TO REPORT AND RECOMMENDATIONS 101 by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Tettlebaum, Harvey) (Entered: 08/01/2006)
08/08/2006104 NOTICE by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC of: Filing Subpoena Duces Tecum Returnable in Advance of Trial Under Seal (Flachs, Patrick) (Entered: 08/08/2006)
08/08/2006105  MOTION for Extension of Time to File Government's Response to Defendant's Objections to Magistrate's Order and Recommendation by USA as to defendant Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (McMurtry, Dorothy) (Entered: 08/08/2006)
08/08/2006106 Ex Parte MOTION For Order w/ Memorandum in Support (Filed Under Seal) (CMA) (Entered: 08/09/2006)
08/08/2006107 Ex Parte MOTION For Order w/ Memorandum in Support (Filed Under Seal) (CMA) (Entered: 08/09/2006)
08/08/2006108 Ex Parte MOTION For Order w/ Memorandum in Support (Filed Under Seal) (CMA) (Entered: 08/09/2006)
08/09/2006  Docket Text ORDER as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 105 MOTION for Extension of Time to File Government's Response to Defendant's Objections to Magistrate's Order and Recommendation filed by USA; ORDERED LEAVE GRANTED . Signed by Judge Stephen N. Limbaugh on 8/9/06. (ARL) (Entered: 08/09/2006)
08/09/2006109 RESPONSE TO OBJECTION TO REPORT AND RECOMMENDATION by USA as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC 103 (McMurtry, Dorothy) (Entered: 08/09/2006)
08/11/2006110 NOTICE by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC of: Filing Letter to Dorothy McMurtry re Organizational Witness Statements (Flachs, Patrick) (Entered: 08/11/2006)
08/17/2006111 ORDER: Regarding 106 107 108 Ex Parte Motions For Order; Signed by Judge Stephen N. Limbaugh on 8/17/06 (Filed Under Seal); (Note: Copy of Order Sent to Attorneys Patrick M. Flachs and Harvey M. Tettlebaum) (CMA) (Entered: 08/17/2006)
08/23/2006113 ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED that United States Magistrate Judge David D. Noce's Order and Recommendation 101 , filed July 14, 2006, is SUSTAINED, ADOPTED and INCORPORATED herein. Upon review of the Magistrate Judge's Report and Recommendation, the parties' pleadings, and the evidentiary hearing transcript, as well as relevant caselaw, the Court concurs with the Magistrate Judge's findings and recommendation. IT IS FURTHER ORDERED that defendant Wachter's motion to dismiss the indictment 48 be and is DENIED. IT IS FINALLY ORDERED that defendant Wachter's motion to sever 46 be and is DENIED. Signed by Judge Stephen N. Limbaugh on 8/23/06. (ARL) (Entered: 08/23/2006)
09/01/2006115 NOTICE by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC of: Letter to Dorothy McMurtry in Response to Government's August 21, 2006 (Organizational [Defendant] Witness Statements) Letter (Attachments: # 1 Exhibit)(Flachs, Patrick) (Entered: 09/01/2006)
09/01/2006116  MOTION to Quash Government's September 11, 2006 Subpoena Duces Tecum Issued to LaSalle Bank by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (Attachments: # 1 Exhibit # 2 Exhibit)(Flachs, Patrick) (Entered: 09/01/2006)
09/06/2006118 RESPONSE TO COURT by USA as to American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC (McMurtry, Dorothy) (Entered: 09/06/2006)
09/11/2006119 ORDER re 116 ; (FILED UNDER SEAL); Signed by Judge Stephen N. Limbaugh on 09/11/2006; (DJO) (Entered: 09/11/2006)
09/21/2006120 Letter Regarding Discovery as to American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC to Dorothy McMurtry and Howard Marcus re Production of Witness Statements (Federal Rule of Criminal Procedure 26.2) (Flachs, Patrick) (Entered: 09/21/2006)
10/10/2006123 Minute Entry for proceedings held before Judge Stephen N. Limbaugh :Change of Plea Hearing as to American Healthcare Management, Inc. Guilty on counts 1. held on 10/10/2006 Counts held in abeyance until sentencing: 2,3,4,5, and 6. Stipulation of facts filed with plea agreement is accepted, adopted and made part of the record. Probation Officer present in courtroom. Sentencing set for 2/28/2007 01:00 PM before Honorable Stephen N. Limbaugh. (Court Reporter or FTR Gold Operator initials:Lynne Shrum.) (FTR Gold : yes.) (proceedings started: 11:10 a.m..) (proceedings ended: 12:10 p.m..) (Defendant Location: bond.) (LGK, ) (Entered: 10/11/2006)
10/10/2006124 PLEA AGREEMENT, GUIDELINES RECOMMENDATIONS AND STIPULATIONS and cosent of the board of directors by American Healthcare Management, Inc., USA as to American Healthcare Management, Inc. (LGK, ) Modified on 10/11/2006 (LGK, ). (Entered: 10/11/2006)
10/10/2006125 Minute Entry for proceedings held before Judge Stephen N. Limbaugh :Change of Plea Hearing as to Claywest House Healthcare, LLC Guilty on counts 1. held on 10/10/2006 Counts held in abeyance until sentencing: 2,3,4,5, and 6. Stipulation of fact with plea agreement is accepted, adopted and made part of the record. Probation Officer present in courtroom. Sentencing set for 2/28/2007 01:00 PM before Honorable Stephen N. Limbaugh. (Court Reporter or FTR Gold Operator initials:Lynne Shrum.) (FTR Gold : no.) (proceedings started: 11:10 a.m..) (proceedings ended: 12:10 p.m..) (Defendant Location: bond.) (LGK, ) (Entered: 10/11/2006)
10/10/2006126 PLEA AGREEMENT, GUIDELINES RECOMMENDATIONS AND STIPULATIONS and consent of the members by Claywest House Healthcare, LLC, USA as to Claywest House Healthcare, LLC (LGK, ) Modified on 10/11/2006 (LGK, ). (Entered: 10/11/2006)
10/10/2006127 Minute Entry for proceedings held before Judge Stephen N. Limbaugh :Change of Plea Hearing as to Oak Forest North, LLC Guilty on counts 1. held on 10/10/2006 Counts held in abeyance until sentencing: 2,3,4,5, and 6. Stipulation of fact with plea agreement accepted, adopted and made part of the record. Probation Officer present in courtroom. Sentencing set for 2/28/2007 01:00 PM before Honorable Stephen N. Limbaugh. (Court Reporter or FTR Gold Operator initials:Lynne Shrum.) (FTR Gold : no.) (proceedings started: 11:10 a.m..) (proceedings ended: 12:10 p.m..) (Defendant Location: bond.) (LGK, ) (Entered: 10/11/2006)
10/10/2006128 PLEA AGREEMENT, GUIDELINES RECOMMENDATIONS AND STIPULATIONS and consent of the members by Oak Forest North, LLC, USA as to Oak Forest North, LLC (LGK, ) (Entered: 10/11/2006)
10/10/2006129 Minute Entry for proceedings held before Judge Stephen N. Limbaugh :Change of Plea Hearing as to Lutheran Health Care, LLC Guilty on counts 1. held on 10/10/2006 Counts held in abeyance until sentencing: 2,3,4,5 and 6. Stipulation of facts with plea agreement adopted, accepted and made part of the record. Probation Officer present in courtroom. Sentencing set for 2/28/2007 01:00 PM before Honorable Stephen N. Limbaugh. (Court Reporter or FTR Gold Operator initials:Lynne Shrum.) (FTR Gold : no.) (proceedings started: 11:10 a.m..) (proceedings ended: 12:10 p.m..) (Defendant Location: bond.) (LGK, ) (Entered: 10/11/2006)
10/10/2006130 PLEA AGREEMENT, GUIDELINES RECOMMENDATIONS AND STIPULATIONS and consent of the members by Lutheran Health Care, LLC, USA as to Lutheran Health Care, LLC (LGK, ) (Entered: 10/11/2006)
02/09/2007132 NOTICE by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC of: Filing Document Under Seal (Flachs, Patrick) (Entered: 02/09/2007)
02/09/2007133  SEALED MOTION by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC. (LAH, ) (Entered: 02/09/2007)
02/09/2007136 CONSOLIDATED RESPONSE AND OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT by American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC (FILED UNDER SEAL) (ARL) (Entered: 02/12/2007)
02/12/2007  Docket Text ORDER as to American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC re 133 SEALED MOTION filed by Lutheran Health Care, LLC, ; ORDERED LEAVE TO FILE UNDER SEAL GRANTED . Signed by Judge Stephen N. Limbaugh on 2/9/07. (ARL) (Entered: 02/12/2007)
02/13/2007137 RESPONSE TO OBJECTION TO PRESENTENCE INVESTIGATION REPORT by USA as to American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC (McMurtry, Dorothy) (Entered: 02/13/2007)
02/28/2007  Receipt # S2007-004455 in the amount of $180250.00 for FINE on behalf of AMERICAN HEALTHCARE MANAGEMENT INC. (CSW,) (Entered: 02/28/2007)
02/28/2007  Receipt # S2007-004457 in the amount of $180650.00 for FINE, SPECIAL ASSESSMENT on behalf of LUTHERAN HEALTHCARE LLC. (CSW,) (Entered: 02/28/2007)
02/28/2007  Receipt # S2007-004459 in the amount of $400.00 for SPECIAL ASSESSMENT on behalf of AMERICAN HEALTHCARE MANAGEMENT INC. (CSW,) (Entered: 02/28/2007)
02/28/2007139 PRESENTENCE INVESTIGATION REPORT w/statement of reasons page attached (FILED UNDER SEAL) as to Oak Forest North, LLC (ARL) (Entered: 03/01/2007)
02/28/2007140 PRESENTENCE INVESTIGATION REPORT w/statement of reasons page attached (FILED UNDER SEAL) as to Lutheran Health Care, LLC (ARL) (Entered: 03/01/2007)
02/28/2007141 PRESENTENCE INVESTIGATION REPORT w/statement of reasons page attached (FILED UNDER SEAL) as to American Healthcare Management, Inc. (ARL) (Entered: 03/01/2007)
02/28/2007142 PRESENTENCE INVESTIGATION REPORT w/statement of reasons page attached (FILED UNDER SEAL) as to Claywest House Healthcare, LLC (ARL) (Entered: 03/01/2007)
02/28/2007143 Minute Entry for proceedings held before Judge Stephen N. Limbaugh:Sentencing as to American Healthcare Management, Inc. held on 2/28/2007. Corporation to be placed on Probation. (Court Reporter: Angie Daily) (FTR Gold : no.) (proceedings started: 12:35 p.m.) (proceedings ended: 1:30 p.m.) (KJF, ) (Entered: 03/01/2007)
02/28/2007144 Minute Entry for proceedings held before Judge Stephen N. Limbaugh: Sentencing as to Oak Forest North, LLC held on 2/28/2007. Corporation defendant placed on probation.(Court Reporter: Angie Daily.) (FTR Gold : no.) (proceedings started: 12:35 p.m.) (proceedings ended: 1:30 p.m..) (KJF, ) (Entered: 03/01/2007)
02/28/2007145 Minute Entry for proceedings held before Judge Stephen N. Limbaugh: Sentencing as to Lutheran Health Care, LLC held on 2/28/2007. Corporation defendant placed on probation. (Court Reporter: Angie Daily.) (FTR Gold : no.) (proceedings started: 12:35 p.m.) (proceedings ended: 1:30 p.m.) (KJF, ) (Entered: 03/01/2007)
02/28/2007146 Minute Entry for proceedings held before Judge Stephen N. Limbaugh:Sentencing as to Claywest House Healthcare, LLC held on 2/28/2007. Corporation defendant placed on probation. (Court Reporter: Angie Daily.) (FTR Gold : no.) (proceedings started: 12:35 p.m.) (proceedings ended: 1:30 p.m.) (KJF, ) (Entered: 03/01/2007)
02/28/2007  Receipt # S2007-004456 in the amount of $180650.00 for FINE, SPECIAL ASSESSMENT on behalf of CLAYWEST HOUSE HEALTHCARE. (CSW,) (Entered: 03/01/2007)
02/28/2007  Receipt # S2007-004458 in the amount of $180650.00 for FINE, SPECIAL ASSESSMENT on behalf of OAK FOREST NORTH. (CSW,) (Entered: 03/01/2007)
02/28/2007149 JUDGMENT as to Lutheran Health Care, LLC (5), Count(s) 1r, Defendant organization is placed on probation for a term of two years. See J&C for details. Count(s) 2r-6r, Counts two through six are dismissed on the motion of the USA. Signed by Judge Stephen N. Limbaugh on 2/28/07. (ARL) (Entered: 03/06/2007)
02/28/2007150 JUDGMENT as to American Healthcare Management, Inc. (2), Count(s) 1r, Defendant organization is placed on a term of two years probation.; See J&C for details. Count(s) 2r-6r, Counts two through six are dismissed on the motion of the US. Signed by Judge Stephen N. Limbaugh on 2/28/07. (ARL) (Entered: 03/06/2007)
02/28/2007151 JUDGMENT as to Oak Forest North, LLC (4), Count(s) 1r, Defendant organization is placed on probation for a term of two years.; See J&C for details; Count(s) 2r-6r, Counts two through six are dismissed on motion by the government. Signed by Judge Stephen N. Limbaugh on 2/28/07. (ARL) (Entered: 03/06/2007)
02/28/2007152 JUDGMENT as to Claywest House Healthcare, LLC (3), Count(s) 1r, Defenant organization is placed on two years probation. See J&C for details.; Count(s) 2r-6r, Counts two through six are dismissed on motion by the US. Signed by Judge Stephen N. Limbaugh on 2/28/07. (ARL) (Entered: 03/06/2007)
03/23/2007153 SATISFACTION of as to Lutheran Health Care, LLC regarding Fine (Llewellyn, Nicholas) (Entered: 03/23/2007)
03/23/2007154 SATISFACTION of as to Oak Forest North, LLC regarding Fine (Llewellyn, Nicholas) (Entered: 03/23/2007)
03/23/2007155 SATISFACTION of as to Claywest House Healthcare, LLC regarding Fine (Llewellyn, Nicholas) (Entered: 03/23/2007)
03/23/2007156 SATISFACTION of as to American Healthcare Management, Inc. regarding Fine (Llewellyn, Nicholas) (Entered: 03/23/2007)
04/05/2007158 ORIGINAL TRANSCRIPT (Pilot) as to Robert D. Wachter, American Healthcare Management, Inc., Claywest House Healthcare, LLC, Oak Forest North, LLC, Lutheran Health Care, LLC proceedings of Sentencing Hearing held on 2/28/07 before Judge Stephen N. Limbaugh. Court Reporter: A. Daley. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Criminal Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 04/05/2007)
09/16/2008163 Letter from Probation Re:Reassignment of Judge (SAJ) (Entered: 09/17/2008)