CLOSED

U.S. District Court
Western District of Virginia (Roanoke)
CRIMINAL DOCKET FOR CASE #: 7:01-cr-00075-jct-1


Case title: USA v. HCMF Corporation

Date Filed: 10/02/2001
Date Terminated: 12/17/2001

Assigned to: Judge James C. Turk

Defendant (1)
HCMF Corporation
TERMINATED: 12/20/2001
represented byRobert Stephen Bennett
HOGAN LOVELLS US LLP
COLUMBIA SQUARE
555 THIRTEENTH STREET, NW
WASHINGTON, DC 20004
202-637-5600
Fax: 202-637-5910
TERMINATED: 12/20/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1347.F - 18:1347, 24, & 2 - HEALTH CARE FRAUD/AID & ABET (06/30/00)
(1)
12 MOS. PROBATION; $1,700,000 RESTITUTION; $275,000 FINE; $400 S/A; $250,000 COST OF PROSECUTION (03-27-02: Amended Judg.-Costs of Prosecution to be paid: $9,135.13 to Atty. Gen. of Common. of VA; $39,576.54 to DMAS; & b alance as is practice into Gen. Fund of US Treasury)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byKaren Breeding Peters
UNITED STATES ATTORNEYS OFFICE
PO BOX 1709
ROANOKE, VA 24008-1709
540-857-2250
Fax: 857-2614
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/21/2001  Received FELONY INFORMATION as to HCMF Corporation. Also received PLEA AGREEMENT signed by deft. & deft. counsel only. (rma) (Entered: 10/04/2001)
08/24/2001  Summons(es) issued for HCMF Corporation (rma) (Entered: 10/04/2001)
08/24/2001  NOTICE: Set Initial Appearance for 2:00 9/17/01 for HCMF Corporation , and Set Arraignment for 2:00 9/17/01 for HCMF Corporation , and Set Guilty Plea Hearing for 2:00 9/17/01 for HCMF Corporation (rma) (Entered: 10/04/2001)
08/31/2001SUMMONS returned executed 8/28/01 as to HCMF Corporation (rma) (Entered: 10/04/2001)
09/12/2001  CONFERENCE CALL: No attys. present. Parties in conference call: AUSA Peters, Attys. Chris Myers, Ed Ross & John Russell. Motion by Myers (Atty. for Pendleton Smith) to continue GP from 9/17/01. John Russell (atty. for W. Cranwell) joins in continuance. Comments and objections noted by govt. Arguments. Court grants continuance until 10/2/01 at 1 pm. (Hon. James C. Turk, presiding Judge; Clara Whitlock, OCR) (rma) (Entered: 10/04/2001)
09/12/2001  NOTICE: Reset Initial Appearance for 1:00 10/2/01 for HCMF Corporation , Reset Arraignment for 1:00 10/2/01 for HCMF Corporation , Reset Guilty Plea Hearing for 1:00 10/2/01 for HCMF Corporation (rma) (Entered: 10/04/2001)
10/02/2001FELONY INFORMATION as to HCMF Corporation (1) count(s) 1 (rma) (Entered: 10/04/2001)
10/02/2001  Initial Appearance as to HCMF Corporation (Defendant informed of rights.) Defendant(s) present with counsel. Identity established; PC found. ( presiding Judge James C. Turk Court Reporter: Clara Whitlock, OCR) (rma) (Entered: 10/04/2001)
10/02/2001  Arraignment as to HCMF Corporation ( presiding Judge James C. Turk Court Reporter: Clara Whitlock, OCR) Defendant(s) present with counsel, entered pleas of Guilty to all counts. (rma) (Entered: 10/04/2001)
10/02/2001  Guilty Plea Hearing as to HCMF Corporation, Guilty: HCMF Corporation (1) count(s) 1 Defendant(s) present with counsel. Plea agreement summarized & filed. Guilty Plea form executed & filed. Govt. evid. Court finds deft. guilty of Ct. 1 felony information. Court orders PSI. Sent. set for 12/17/01 at 3 pm. No bond set per oral order of Court. ( presiding Judge James C. Turk Court Reporter: Clara Whitlock, OCR) (rma) (Entered: 10/04/2001)
10/02/2001WAIVER OF INDICTMENT by HCMF Corporation (rma) (Entered: 10/04/2001)
10/02/2001PLEA AGREEMENT as to HCMF Corporation (rma) (Entered: 10/04/2001)
10/02/2001GUILTY PLEA FORM executed and filed by HCMF Corporation (rma) (Entered: 10/04/2001)
10/02/2001RESOLUTION by HCMF Corporation (rma) (Entered: 10/04/2001)
10/03/2001  NOTICE: Set Sentencing for 3:00 12/17/01 for HCMF Corporation (rma) (Entered: 10/04/2001)
10/18/2001TRANSCRIPT filed in case as to HCMF Corporation for Arraingment & Guilty Plea on October 2, 2001 Clara Whitlock (OCR) (Original Transcript filed in 7:01CR00073) (jcf) (Entered: 10/19/2001)
11/30/2001OBJECTIONS AND CORRECTIONS TO PRESENTENCE INVESTIGATION REPORT by USA as to HCMF Corporation (rma)
12/17/2001MEMORANDUM by HCMF Corporation IN AID OF SENTENCING w/ attachments (rma) (Entered: 12/19/2001)
12/17/2001  Sentencing HCMF Corporation (1) count(s) 1. 12 MOS. PROBATION w/ Conds: 1-No crimes; 2-Abide by conds. in plea agreement; 3-Provide USPO req. fin. info.; 4-Establish comp. compliance plan to ensure compl. w/ approp. regulatory agencies; 5-Pay any S/A, fine, and/or rest. imposed. $1,700,000 RESTITUTION to USA - $1,551,250 to DMAS; $148,750 to CMS. $500,000 due at time of sent.; $500,000 w/in 6 mos. of sent.; Remaining $700,000 due w/in 12 mos. of sent. Payable by cashier's check to Clerk, USDC. $275,000 FINE due w/in 60 days from entry of judg., int. thereafter; $400 S/A due immed.; $250,000 COST OF PROSECUTION due w/in 9 mos. of sent. Defendant(s) present with counsel. Govt. noted obj. to PSI re: max. fine. Arguments heard. Deft. atty. argued objs. to PSI re: # of victims & # of employees & hi. level personnel involved. Statements by attys. Magee & Russell re: Amer. Health Care, HCMF, & Cranwell. Further statemts. by deft. atty. Resp. by govt. Arguments. Allocutions. Court overruled all objs. except # of victims & # of employees & hi. level personnel. Deft. adv. of appeal rts. Deft. argues req. for 18 mos. to pay fine or delay any payments. Court denies & orders payments as stated. Ct. adj. ( presiding Judge James C. Turk Court Reporter: Clara Whitlock, OCR) (rma) (Entered: 12/19/2001)
12/20/200110 JUDGMENT IN A CRIMINAL CASE as to HCMF Corporation ( Signed by Judge James C. Turk ) (rma) (Entered: 12/21/2001)
01/02/200211 TRANSCRIPT filed in case as to HCMF Corporation for Sentencing on 12/17/01 Clara Whitlock (OCR) (rma)
02/25/200212 MOTION by USA as to HCMF Corporation to Correct Judgment & Commitment Order to Direct Certain of the Costs of Prosecution be Paid to the Commonwealth of VA (rma) (Entered: 02/26/2002)
03/27/200213 AMENDED JUDGMENT IN A CRIMINAL CASE: HCMF Corporation (1) count(s) 1. 12 MOS. PROBATION; $1,700,000 RESTITUTION; $275,000 FINE; $400 S/A; $250,000 COST OF PROSECUTION (03-27-02: Amended Judg.-Costs of Prosecution to be paid: $9,135.13 to Atty. Gen. of Common. of VA; $39,576.54 to DMAS; & balance as is practice into Gen. Fund of US Treasury) ( Signed by Judge James C. Turk ) (rma) (Entered: 03/28/2002)