RELATED-G


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:09-cr-00087-GHK-1


Case title: USA v. Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center et al
Other court case number: CR 08-264 GHK

Date Filed: 01/29/2009
Date Terminated: 02/04/2011

Assigned to: Judge George H. King

Defendant (1)
Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center
TERMINATED: 02/04/2011
represented byJustin Allen Ford
OMelveny & Myers LLP
400 South Hope Street
Los Angeles, CA 90071
213-430-6000
Fax: 213-430-6407
Email: jaford@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Steven J Olson
O'Melveny & Myers LLP
400 South Hope Street
Los Angeles, CA 90071-2899
213-430-6000
Fax: 213-430-6407
Email: solson@omm.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:1320a-7b(b)(2)(A), 18:2(b): PAYMENT OF KICKBAKS FOR PATIENT REFERRALS
(6-7)
Defendant is sentenced to 5 years Probation under the usual terms & conditions on counts 6 & 7 to run concurrently under the direction of the Probation Office. Special assessment of $800. $4,108,779 restitution in amounts & times determined by P/O.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 and 1349: CONSPIRACY TO RECEIVE AND PAY KICKBACKS FOR PATIENT REFERRALS, AND TO COMMIT HEALTH CARE FRAUD
(1)
Government's motion, all remaining counts, ordered dismissed.
42:1320a-7b(b)(2)(A), 18:2(b): PAYMENT OF KICKBAKS FOR PATIENT REFERRALS
(2-5)
Government's motion, all remaining counts, ordered dismissed.
42:1320a-7b(b)(2)(A), 18:2(b): PAYMENT OF KICKBAKS FOR PATIENT REFERRALS
(8-12)
Government's motion, all remaining counts, ordered dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byConsuelo S Woodhead
AUSA - Office of US Attorney
Criminal Division - US Courthouse
312 North Spring Street 12th Floor
Los Angeles, CA 90012-4700
213-894-2434
Fax: 213-894-6269
Email: USACAC.Criminal@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Evan J Davis
AUSA - Office of US Attorney
Criminal Division - US Courthouse
312 North Spring Street Suite 1100
Los Angeles, CA 90012
213-894-4850
Fax: 213-894-6269
Email: evan.davis@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Vince L Farhat
AUSA - Office of US Attorney
Fraud Section - Criminal Division
312 North Spring Street 12th Floor
Los Angeles, CA 90012
213-894-2872
Fax: 213-894-2387
Email: USACAC.Criminal@usdoj.gov
TERMINATED: 01/28/2011

Date Filed #Docket Text
01/29/20091 INDICTMENT Filed as to Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (1) count(s) 1, 2-12, Robert Bourseau (2) count(s) 1, 2-12, Dante Nicholson (3) count(s) 1, 2-12. Offense occurred in LA. (mhe) (Entered: 01/30/2009)
01/29/20092CASE SUMMARY filed by AUSA Vince Farhat as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center; defendants Year of Birth: N/A (mhe) (Entered: 01/30/2009)
01/29/20095 EX PARTE APPLICATION to Seal Case Filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson(mhe) (Entered: 01/30/2009)
01/29/20096ORDER Sealing Case by Magistrate Judge Frederick F. Mumm as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson (mhe) (Entered: 01/30/2009)
01/29/20099NOTICE of Related Case(s) filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson Related Case(s): CR 08-904 (mhe) (Entered: 01/30/2009)
01/29/200910MEMORANDUM filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson. RE Judge Stephen G. Larson. (mhe) (Entered: 01/30/2009)
01/29/200911MEMORANDUM filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson. Re Magistrate Judge Jacqueline Chooljian, Magistrate Judge Patrick J. Walsh, Magistrate Judge Jennifer T. Lum, and Magistrate Judge Jeffrey W. Johnson. (mhe) (Entered: 01/30/2009)
02/05/200929ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CR 08-264 GHK. Case, as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson, transfered from Judge Manuel L. Real to Judge George H. King for all further proceedings. The case number will now reflect the initials of the transferee Judge CR 09-0087 GHK. Signed by Judge George H. King (rn) (Entered: 02/05/2009)
02/09/200932MINUTES OF NOTICE TO COUNSEL by Judge George H. King: The above matter is set for a status conference on March 02, 2009 at 3:30 p.m. The Courts discovery order is issued herewith. Counsel and defendants are directed to appear on date and time specified herein. (es) (Entered: 02/10/2009)
02/09/200933ORDER FOR DISCOVERY AND INSPECTION IN CRIMINAL CASES BEFORE JUDGE GEORGE H. KING. See attached document for further details. (es) (Entered: 02/10/2009)
02/23/200940MINUTES OF POST-INDICTMENT ARRAIGNMENT held before Magistrate Judge Victor B. Kenton as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. Post-Indictment Arraignment set for 3/9/2009 08:30 AM before Magistrate Judge Carolyn Turchin. Court Smart: CS02/23/2009. (tba) (Entered: 02/25/2009)
02/27/200943GOVERNMENT'S STATUS CONFERENCE STATEMENT REGARDING DEFENDANT INTERCARE HEALTH SYSTEMS, INC. filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (Farhat, Vince) (Entered: 02/27/2009)
02/27/200944NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found Incorrect event used. Correct event used. Other Filings: Misc Filings (Non-Motion) - Statement. RE: Miscellaneous Document 43 , Miscellaneous Document 41 , Miscellaneous Document 42 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (ir) (Entered: 02/27/2009)
03/02/200948MINUTES OF Status Conference held before Judge George H. King as to Defendants Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson: Matter called. Corporate defendant not present. All other defendants are present with counsel. Status Conference held regarding status of discovery. Counsel for the government informs the court that the corporate defendant is set for PIA on March 9, 2009. The Court having heard from counsel, and in light of the remaining defendant yet to appear, sets the above matter for further status conference as to the named defendants above on April 27, 2009 at 3:30 p.m. The court takes oral waivers of defendants. Counsel shall cooperate with one another in the preparation of proposed findings of excludable time. Court Reporter: Mary Riordan Rickey. (bm) (Entered: 03/04/2009)
03/03/200946RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 43 . (bm) (Entered: 03/03/2009)
03/09/200952NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error was found: Stipulation re: Excludable Delay 51 . Docket entry text does not match caption text of attached document. Attached document is entitled "Stipulation Regarding Request to Extend Time to Post Justification of Surety". In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 03/09/2009)
03/09/200955MINUTES OF POST-INDICTMENT ARRAIGNMENT held before Magistrate Judge Carolyn Turchin as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. Post-Indictment Arraignment set for 3/30/2009 08:30 AM before Magistrate Judge Jeffrey W. Johnson. Court Smart: CS03/09/2009. (tba) (Entered: 03/10/2009)
03/27/200965 EX PARTE APPLICATION to Continue POST-INDICTMENT ARRAIGNMENT from MARCH 30, 2009 to MAY 25, 2009. Filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson (Attachments: # 1 Proposed Order)(Farhat, Vince) (Entered: 03/27/2009)
03/31/200966ORDER GRANTING GOVERNMENT'S UNOPPOSED EX PARTE APPLICATION TO CONTINUE POST-INDICTMENT ARRAIGNMENT FOR DEFENDANT INTERCARE HEALTH SYSTEMS, INC. 65 by Judge George H. King: The Court has read and considered the Government's Unopposed Ex Parte Application to Continue Post-Indictment Arraignment ("PIA") for Defendant Intercare Health Systems, Inc. ("Intercare"), and good cause having been shown, IT IS HEREBY ORDERED that PIA for defendant Intercare is hereby continued from March 30, 2009 to May 25, 2009. (bm) (Entered: 03/31/2009)
02/17/201097SENTENCING MEMORANDUM filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson (Attachments: # 20 Exhibit 19)(Farhat, Vince) (Entered: 02/17/2010)
04/19/2010101MINUTES OF POST-INDICTMENT ARRAIGNMENT held before Magistrate Judge Carla Woehrle as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. Post-Indictment Arraignment set for 5/10/2010 08:30 AM before Duty Magistrate Judge. Court Smart: CS04/19/2010. (tba) (Entered: 04/21/2010)
04/20/2010102Summons Returned Executed on 4/8/10 as to Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. (bm) (Entered: 04/23/2010)
05/10/2010104DESIGNATION AND APPEARANCE OF COUNSEL; filed by Steven J Olson appearing for Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (tba) (Entered: 05/11/2010)
05/10/2010105STATEMENT OF CONSTITUTIONAL RIGHTS filed by Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (tba) (Entered: 05/11/2010)
05/10/2010106MINUTES OF POST-INDICTMENT ARRAIGNMENT: held before Magistrate Judge Paul L. Abrams as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (1) Count 1,2-12. Defendant arraigned, states true name: As charged. Defendant entered not guilty plea to all counts as charged. Attorney: Steven J. Olson, Retained present. Case assigned to Judge George H. King. Jury Trial set for 6/22/2010 09:30 AM before Judge George H. King. Status Conference set for 6/7/2010 03:30 PM before Judge George H. King. Court Smart: CS05/10/2010. (tba) (Entered: 05/12/2010)
05/13/2010108Summons Returned Executed on 5/3/10. as to Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. (bm) (Entered: 05/14/2010)
06/07/2010109MINUTES OF STATUS CONFERENCE held before Judge George H. King as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center: Matter called. Counsel present on behalf of corporate defendant, government is also present. Status conference held regarding disposition and/or trial. Counsel for defendant represents that in light of the corporate defendant in bankruptcy proceedings, counsel need additional time to try and negotiate a disposition. The Court having heard from counsel, sets the above matter for further status conference on August 16, 2010 at 3:30 p.m. The Court takes oral waiver through counsel for corporate defendant. Counsel shall cooperate with one another in the preparation of proposed findings of excludable time from now through August 16, 2010. The present trial date of June 22, 2010 is hereby VACATED. Court Reporter: Mary Riordan Rickey. (bm) (Entered: 06/09/2010)
08/16/2010110MINUTES OF STATUS CONFERENCE held before Judge George H. King as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center: Matter called. Defendant Corporation is present by counsel. Status conference held regarding disposition and/or trial. Counsel represent that the above matter may be a disposition. The Court having heard from counsel, sets the above matter for Further Status Conference on October 4, 2010 at 3:30 p.m. Counsel shall cooperate with one another in the preparation of proposed findings of excludable time from now through October 4, 2010. Court Reporter: Mary Riordan Rickey. (bm) (Entered: 08/19/2010)
08/24/2010111 STIPULATION re: excludable delay from JUNE 7, 2010 to OCTOBER 4, 2010 filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson (Attachments: # 1 Proposed Order)(Farhat, Vince) (Entered: 08/24/2010)
08/27/2010112FINDINGS AND ORDER REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT by Judge George H. King as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center: GOOD CAUSE HAVING BEEN SHOWN, the Court hereby adopts as findings of fact and conclusions of law the stipulation by the United States and defendant Intercare Health Systems, Inc., and finds that the interests of justice outweigh the defendant's and the public's right to a speedy trial for the reasons stated herein. The Court therefore FINDS AND ORDERS as follows: For purposes of computing time under the Speedy Trial Act, 18 U.S.C. ยง 3161, et seq., within which trial must commence, the time period from June 7, 2010 to October 4, 2010, is excludable. (bm) (Entered: 08/27/2010)
09/17/2010113PLEA AGREEMENT filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (Farhat, Vince) (Entered: 09/17/2010)
10/04/2010114MINUTES OF Change of Plea Hearing held before Judge George H. King as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. Corporation Representative, Rudra Sabaratnam is sworn and questioned by the Court. The Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (1) pleads GUILTY to Count 6-7. The plea is accepted. The Court The Court refers the Corporate defendant to the Probation Office for investigation and report and the matter is continued to JANUARY 24, 2011 AT 11:00 A.M. for sentencing. The Court further ORDERS defendant shall cooperate with Probation in the preparation of a PSI report, and ordered to return for sentencing on date indicated above. Court Reporter: Mary Riordan Rickey. (bm) (Entered: 10/06/2010)
01/04/2011120POSITION WITH RESPECT TO PRESENTENCE REPORT filed by Plaintiff USA as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (Farhat, Vince) (Entered: 01/04/2011)
01/10/2011121NOTICE of Manual Filing of 1) Application to File Under Seal, 2) Proposed Order, 3) Defendant InterCare Health Systems' Memorandum re: Sentencing filed by Plaintiff Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, Robert Bourseau, Dante Nicholson (Ford, Justin) (Entered: 01/10/2011)
01/10/2011122 APPLICATION TO FILE DEFENDANT INTERCARE HEALTH SYSTEMS, INC. MEMORANDUM RE: SENTENCING UNDER SEAL as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. Filed by Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. (bm) (Entered: 01/12/2011)
01/12/2011123ORDER GRANTING DEFENDANT INTERCARE'S APPLICATION FOR ORDER SEALING SENTENCING MEMORANDUM by Judge George H. King: IT IS ORDERED THAT defendant InterCare Health Systems' Memorandum re: Sentencing be filed under seal. 122 Application to Seal Document as to Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (1) (lw) (Entered: 01/13/2011)
01/12/2011126SEALED DOCUMENT- Defendant Intercare's Memorandum Re: Sentencing. (mat) (Entered: 01/18/2011)
01/24/2011127MINUTES OF SENTENCING Hearing held before Judge George H. King as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (1), Count(s) 6-7, Defendant is sentenced to 5 years Probation under the usual terms & conditions on counts 6 & 7 to run concurrently under the direction of the Probation Office. Special assessment of $800. $4,108,779 restitution in amounts & times determined by P/O. Count(s) 1, 2-5, 8-12, Government's motion, all remaining counts, ordered dismissed. Defendant waived right to appeal. Court Reporter: Mary Riordan Rickey. (bm) (Entered: 01/28/2011)
01/28/2011128NOTICE OF APPEARANCE OR REASSIGNMENT of AUSA Vince L Farhat on behalf of Plaintiff USA. Filed by Plaintiff USA. (Farhat, Vince) (Entered: 01/28/2011)
02/01/2011130NOTICE OF APPEARANCE of attorney Justin A. Ford, (Retained), appearing on behalf of Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center, filed by Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center. (Ford, Justin) (Entered: 02/01/2011)
02/02/2011131MINUTES OF STATUS CONFERENCE RE: CLARIFICATION OF RESTITUTION held before Judge George H. King as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center: Matter called. Counsel and representative of the corporate defendant is present. The above matter is before the Court to correct a clear error regarding the restitution amount. The Court hears from counsel. The Court having heard from counsel imposes as follows: The amount of restitution of $4,108,779, shall stand as previously imposed with the modification of the following: the restitution obligation will be deemed satisfied upon Intercare's resolution of the United States $10 million claim in Intercare's bankruptcy case (docket no. 2:09-BK-29121-SB). The $10 million amount mentioned above is not meant by the Court to suggest that it is in addition to the restitution amount of $4,1078,779. All other terms and conditions shall remain in full force and effect. Court Reporter: Mary Riordan Rickey. (bm) (Entered: 02/07/2011)
02/04/2011132JUDGMENT AND COMMITMENT by Judge George H. King as to Defendant Intercare Health Systems, Inc., d.b.a. City of Angels Medical Center (1), Count(s) 6-7, Defendant is sentenced to 5 years Probation under the usual terms & conditions on counts 6 & 7 to run concurrently under the direction of the Probation Office and General Order 318. Special assessment of $800. $4,108,779 restitution to victims as set forth in a separate victim list prepared by the Probation Office which this Court adopts and which reflects the Court's determination of the amount of restitution due to each victim. The restitution obligation will be deemed satisfied upon Intercares resolution of the United States' $10 million (amended on February 2, 2011) claim in Intercare's bankruptcy case (docket no. 2:09-BK-29121-SB). If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment. Interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency. The defendant shall be held jointly and severally liable with co-participants Robert Bourseau, Dante Nicholson, Rudra Sabaratnam and Estill Mitts (docket no. 08-00904), and Richard Massey (docket no. 08-00264) for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution. The defendant shall comply with General Order No. 01-05. The organization shall update the supervision probation officer of Intercare's progress in bankruptcy case (docket no. 2:09-BK-29121-SB) on a monthly basis. Defendant waived right to appeal. Count(s) 1, 2-5, 8-12, Government's motion, all remaining counts, ordered dismissed. (bm) (Entered: 02/07/2011)