United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-10223-PBS-2,3,4


Case title: USA v. Taylor et al

Date Filed: 07/27/2006
Date Terminated: 01/11/2007

Assigned to: Judge Patti B. Saris

Defendant (2)
Vejay Oxygen, Inc
TERMINATED: 01/11/2007
represented byJuliane Balliro
Nelson Mullins Riley & Scarborough LLP (BOS)
One Post Office Square
30th Floor
Boston, MA 02109
617-573-4713
Fax: 617-573-4710
Email: juliane.balliro@nelsonmullins.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1347 HEALTH CARE FRAUD; 18:2 Aiding and Abetting
(1)
The Defendant is hereby sentenced to probation for a term of 24 months, with standard conditions: Within 30 days from the date of this judgment, the defendant organization shall designate an official the organization to act as the organization's representative and to be the primary contact with the probation officer; the defendant organization shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant organization shall notify the probation officer ten days prior to any change in principal business or mailing address; the defendant organization shall permit a probation officer to visit the organization at any of its operating business sites; the defendant organization shall notify the probation officer within seventy-two hours of any criminal prosecution, major civil litigation, or administrative proceeding against the organization. The $400.00 Special Assessment is due immediately. The balance of the $636,088.24 Restitution is due forthwith.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Patti B. Saris

Defendant (3)
West Suburban Medical Rental, Inc. represented byJuliane Balliro
Nelson Mullins Riley & Scarborough LLP (BOS)
One Post Office Square
30th Floor
Boston, MA 02109
617-573-4713
Fax: 617-573-4710
Email: juliane.balliro@nelsonmullins.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:1347 HEALTH CARE FRAUD; 18:2 Aiding and Abetting
(2)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Patti B. Saris

Defendant (4)
Westborough Home Health represented byJuliane Balliro
Nelson Mullins Riley & Scarborough LLP (BOS)
One Post Office Square
30th Floor
Boston, MA 02109
617-573-4713
Fax: 617-573-4710
Email: juliane.balliro@nelsonmullins.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:1347 HEALTH CARE FRAUD; 18:2 Aiding and Abetting
(3)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byThomas E. Kanwit
United States Attorney's Office
Suite 9200
1 Courthouse Way
John Joseph Moakley Federal Courthouse
Boston, MA 02210
617-748-3271
Fax: 617-748-3951
Email: thomas.kanwit@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
07/27/2006INFORMATION (Felony) as to James Taylor (1) count(s) 1-3, VejayOxygen, Inc. (2) count(s) 1, West Suburban Medical Rental, Inc. (3) count(s) 2, Westborough Home Health (4) count(s) 3. (Gawlik, Cathy) (Entered: 07/28/2006)
08/01/2006NOTICE OF RULE 11 HEARING as to James Taylor, Vejay Oxygen, Inc., West Suburban Medical Rental, Inc., Westborough Home Health. Change of Plea Hearing set for 9/15/2006 at 3:30 PM in Courtroom 19 before Judge Patti B. Saris. (Alba, Robert) (Entered: 08/01/2006)
09/15/2006  ElectronicClerk's Notes for proceedings held before Judge Patti B. Saris: Arraignment on Information as to James Taylor Count 1-3, Vejay Oxygen, Inc Count 1, West Suburban Medical Rental, Inc. Count 2, and Westborough Home Health Count 3 held on 9/15/2006. Plea entered by James Taylor Count 1-3 Guilty, Vejay Oxygen, Inc Count 1 guilty, West Suburban Medical Rental, Inc. Count 2 Guilty and Westborough Home Health Count 3 Guilty. Court conditionally accepts defendants' plea pending sentencing. Defendant Taylor to remain on pretrial release. Sentencing set for 1/10/2007 at 2:00 PM in Courtroom 19 before Judge Patti B. Saris. (Court Reporter Valerie O'Hara.) (Alba, Robert) (Entered: 09/15/2006)
09/15/2006Judge Patti B. Saris : ORDER entered. PROCEDURAL ORDER re sentencing hearing as to Vejay Oxygen, Inc Sentencing set for 1/10/2007 02:00 PM in Courtroom 19 before Judge Patti B. Saris. (Patch, Christine) (Entered: 09/18/2006)
09/15/2006Judge Patti B. Saris : ORDER entered. PROCEDURAL ORDER re sentencing hearing as to West Suburban Medical Rental, Inc. Sentencing set for 1/10/2007 02:00 PM in Courtroom 19 before Judge Patti B. Saris. (Patch, Christine) (Entered: 09/18/2006)
09/15/2006Judge Patti B. Saris : ORDER entered. PROCEDURAL ORDER re sentencing hearing as to Westborough Home Health Sentencing set for 1/10/2007 02:00 PM in Courtroom 19 before Judge Patti B. Saris. (Patch, Christine) (Entered: 09/18/2006)
09/15/2006WAIVER OF INDICTMENT by James Taylor, Vejay Oxygen, Inc, West Suburban Medical Rental, Inc., Westborough Home Health (Patch, Christine) (Entered: 09/19/2006)
09/15/2006PLEA AGREEMENT as to Vejay Oxygen, Inc (Patch, Christine) (Entered: 09/21/2006)
09/15/200610 PLEA AGREEMENT as to West Suburban Medical Rental, Inc. (Patch, Christine) (Entered: 09/21/2006)
09/15/200611 PLEA AGREEMENT as to Westborough Home Health (Patch, Christine) (Entered: 09/21/2006)
01/07/200712  MOTION Third Point for Acceptance as to James Taylor, Vejay Oxygen, Inc, West Suburban Medical Rental, Inc., Westborough Home Healthby USA. (Kanwit, Thomas) (Entered: 01/07/2007)
01/10/200714 SENTENCING MEMORANDUM by James Taylor, Vejay Oxygen, Inc, West Suburban Medical Rental, Inc., Westborough Home Health (Balliro, Juliane) (Entered: 01/10/2007)
01/10/200715 SENTENCING MEMORANDUM by USA as to James Taylor, Vejay Oxygen, Inc, West Suburban Medical Rental, Inc., Westborough Home Health (Kanwit, Thomas) (Entered: 01/10/2007)
01/10/2007  ElectronicClerk's Notes for proceedings held before Judge Patti B. Saris:Sentencing held on 1/10/2007 for Vejay Oxygen, Inc Count 1. Court sentences defendant to 24 months probation,$400 special assessment, $636,088.24 Restitution. Defendant informed of right of appeal. (Court Reporter Lee Marzilli.) (Alba, Robert) (Entered: 01/10/2007)
01/11/200717 Judge Patti B. Saris : ORDER entered. JUDGMENT as to Vejay Oxygen, Inc (2), Count(s) 1, The Defendant is hereby sentenced to probation for a term of 24 months, with standard conditions: Within 30 days from the date of this judgment, the defendant organization shall designate an official the organization to act as the organization's representative and to be the primary contact with the probation officer; the defendant organization shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant organization shall notify the probation officer ten days prior to any change in principal business or mailing address; the defendant organization shall permit a probation officer to visit the organization at any of its operating business sites; the defendant organization shall notify the probation officer within seventy-two hours of any criminal prosecution, major civil litigation, or administrative proceeding against the organization. The $400.00 Special Assessment is due immediately. The balance of the $636,088.24 Restitution is due forthwith. (Patch, Christine) (Entered: 01/11/2007)
01/24/200718  MOTION for Extension of Time to 01/26/07 to File Post-sentencing Memorandum as to James Taylor, Vejay Oxygen, Inc, West Suburban Medical Rental, Inc., Westborough Home Healthby USA. (Kanwit, Thomas) (Entered: 01/24/2007)
01/25/2007  Judge Patti B. Saris : Electronic ORDER entered granting 18 Motion for Extension of Time to File Memorandum as to West Suburban Medical Rental, Inc. (3), Westborough Home Health (4) (Patch, Christine) (Entered: 01/30/2007)
01/26/200719 SENTENCING MEMORANDUM by USA as to West Suburban Medical Rental, Inc., Westborough Home Health (Attachments: # 1 Exhibit A-C)(Kanwit, Thomas) (Entered: 01/26/2007)
01/30/2007  Judge Patti B. Saris : ELECTRONIC ENDORSEMENT as to West Suburban Medical Rental, Inc., Westborough Home Health re 19 Sentencing Memorandum Regarding Corporate Viability filed by USA. "The government has requested time to petition the Secretary of the Commonwealth. In the interest of justice, that request is allowed." (Patch, Christine) (Entered: 02/01/2007)
02/01/200720 RESPONSE TO SENTENCING MEMORANDUM by West Suburban Medical Rental, Inc., Westborough Home Health Regarding Corporate Viability (Balliro, Juliane) (Entered: 02/01/2007)
05/09/2007  Judge Patti B. Saris : ELECTRONIC ENDORSEMENT as to West Suburban Medical Rental, Inc., Westborough Home Health re 19 Sentencing Memorandum filed by USA. "A petition should be filed to revive the corporations. The government shall suggest a receiver." (Patch, Christine) (Entered: 05/10/2007)
07/14/200824  Letter to Judge Saris from Virginia Taylor regarding restitution funds that have not been received as to Vejay Oxygen, Inc (Patch, Christine) (Entered: 07/17/2008)
10/01/2008  Judge Patti B. Saris: ELECTRONIC ENDORSEMENT re 24 Letter to Judge Saris from Virginia Taylor regarding restitution funds that have not been received as to Vejay Oxygen, Inc. "Based on a review of the record, I agree that the amount of restitution should be offset by $8,948.14. Probation does not take a position on the matter. Although the government was notified of the issue, it has not filed an opposition." (Patch, Christine) (Entered: 10/03/2008)