Competency Exam: The Role of the Prosecutor

Preparing for a Competency Exam: The Judge

Innocent Until Proven Guilty

Update: On August 19, 2009
Letter to the judge was returned by mail with a note stating needs lawyer to sign. At the time the letter was sent I was without an attorney for 6 months. The judge's assistant was the person who suggested I write the judge. Why did he waste $0.44 to let me know he was ignoring me?


Judge William W. Haury, Jr.
Broward County Courthouse
201 Southeast Sixth Street, Chamber 7790
Fort Lauderdale, FL 33301

I am hoping this is an acceptable way to express my concerns. I was always taught a person is innocent until proven guilty. Yet while I was in your courtroom with my son, you asked the prosecutor if I neglected either my mother or son. The prosecutor said “No”, however I was surprised you asked the question.

I have never neglected anyone in my life. There are times when the SAO makes mistakes. This is one of those times.

July 27, 2009 marked 5 years since I was wrongfully accused and arrested. During the investigation I was never contacted or interviewed. At no time did the investigator verify information about me. Had she taken the time to review my employment, she would have realized I was not working at the facility during the investigation. Since my arrest I have provided my W2 and 1099 for that period of time to the investigator, prosecutor, SAO, attorney general, inspector general, numerous judges, and my previous attorney.

After five years, either no one has verified my employment history or it has been ignored. I do not understand why any of the public or elected officials would intentionally ignore evidence that would prove my innocence. I have tried to make sense of the judicial process, but I have been unsuccessful.

All that I know to be the truth is the Medicaid Fraud Control Unit (MFCU) neglected to verify evidence and fabricated evidence during a period of time when the MFCU was on probation from the Federal Department of Health and Human Services. Prosecutor Bell withheld a taped conversation for 2-1/2 years and when ordered by Judge Bidwell to turn the tape over it was missing 30 minutes and had at least 19 transcribed errors. The tape was made on July 30, 2004 between myself and investigator Cavallo. The tape revealed the investigator neglected to verify information she presented as evidence in the Probable Cause Affidavit.

I have attached an article written about me in today’s newspaper. It highlights the Public Service Award I received and the volunteer work I have done over the last 30 years.

I have always been a law abiding citizen, a devoted mother to a severely disabled son, no criminal history, involved in numerous charities, a journalist, and an educator with a doctorate degree in nutrition education and statistics. To be labeled someone who neglects another human being is devastating, especially since I dedicated my life to helping improve the quality of life for the disabled and elderly.

Even with all the legal problems, I continue to help others. The volunteer work I do gives meaning to my life and hopefully benefits others. The person who appeared in your court room has never neglected anyone, she is the person in the article.

Thank you for your time and attention.

With regards

Wrongully Accused Freed

MFCU will no longer open cases, whenever possible

The MFCU has issued a new policy. The MFCU "will no longer open an operational case, whenever possible, based upon the mere receipt of a complaint". Before "there was little, if any, review to determine the validity or viability of a complaint or an allegation". Now the MFCU will have to have "Evidence".

I don't mean to sound stupid, but shouldn't the MFCU always check for merit or validity. You just don't arrest someone without evidence. I'm sure glad they caught that one. G-d knows how many innocent people you have already arrested.

FY 2007 - 2008
Submitted by:
The Agency for Health Care Administration
and Medicaid Fraud Control Unit (MFCU)
Department of Legal Affairs
December 29, 2008

http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7MLQFJ/$file/2007-08MFCUReport.pdf

COMPLAINTS

Complaints serve as the basis for most nvestigations opened by the unit. In FY 2006-07 the unit received a total of 911 complaints. For FY 2007-08, the unit received a total of 1,094 complaints. Of the 911 complaints received in FY 2006-07, 568 were opened as operational cases. Of the 1,094 complaints received FY 2007-08, 377 were opened as operational cases. This decline resulted from an MFCU policy change regarding thresholds for opening an investigation. Prior unit policy called for the opening of an operational case, whenever possible, based upon the mere receipt of a complaint. There was little, if any, review to determine the validity or viability of a complaint or an allegation. Unlike the complaint review process, the case opening and case closing process was identified as a cumbersome process, particularly when no sufficient predicate was established that the complaint or allegation had merit. The unit’s policy has been changed to require a 30-day review of complaints and allegations to determine whether the matter had merit, could be referred or was unfounded. Case openings will now occur only when there is a criminal or civil predicate that warrants further investigative activities. As a result, complaints are being screened more quickly and complaints and/or allegations that are more viable lead to the opening of a full investigation.

State’s Efforts to Control Medicaid Fraud and Abuse December 2008 3

Medicaid Fraud Control Unit Closes 2,250 cases; 82% cases Unfounded or No Evidence

What happens when the Medicaid Fraud Control Unit (MFCU) abuses their power and neglects the rights of innocent people?

The Medicaid Fraud Control Unit (MFCU) was established to investigate and prosecute provider fraud and violations of state law pertaining to fraud in the administration of the Medicaid program. In addition, the MFCU is required to review complaints of resident abuse or neglect in nursing homes and other health care facilities. The Attorney General’s Office oversees the MFCU. The MFCU is supposed to carry out their mission with a high degree of dedication and professionalism.

What happened to the Florida MFCU?

The table below illustrates the cases closed by the Florida MFCU, cases that ended up with convictions or settlements, and cases unfounded over a 46 month period. The dates are not consecutive because some of the data was unavailable. The information can be found on the Florida Audit pages in the links below.

http://www.myflorida.com/audgen/pages/pdf_files/2006-028.pdf
http://www.myflorida.com/audgen/pages/pdf_files/2008-012.pdf


During this 46 months, the Florida MFCU closed 2,250 cases, but only 18 percent (329 cases) resulted in convictions or settlements, while 82 percent (1,921 cases) were unfounded, lacked evidence or closed for various reasons. These numbers are significant and tell a story of abuse and neglect from an agency that is supposed to protect us.

On January 29, 2003 the Florida Attorney General Charlie Crist was overseeing the Medicaid Fraud Control Unit (MFCU) when he received a letter from the Federal Department of Health and Human Services (HHS). The letter placed Florida's Medicaid Fraud Control Unit at "high risk" and on probation for a year. Probation period: January 2003 to April 2004.

The audit disclosed the following twelve deficiencies:

Finding No. 1: Department data systems were not complete and accurate, thereby inhibiting accurate computation and reporting of overpayments and costs associated with investigation and prosecution.

Finding No. 2: MFCU did not always appropriately distribute restitution received to compensate the Medicaid Program and recoup investigative and prosecutorial costs.

Finding No. 3: MFCU investigated recipient fraud cases that were not authorized for Federal funding by Federal regulations.

Finding No. 4: The Department and AHCA did not always properly record accounts receivable and restitution payments received in respective agency accounting records.

Finding No. 5: MFCU did not always timely transfer restitution received to AHCA , thereby delaying reimbursement to the Medicaid program.

Finding No. 6: MFCU did not timely submit indirect cost rate proposals to the Federal government. Additionally, submitted indirect cost rate proposals were not calculated correctly.

Finding No. 7: MFCU had not documented the assessment of the number of sworn law enforcement personnel needed to effectively and efficiently conduct Medicaid Fraud investigations and the selection of persons filling sworn positions. Additionally, assignment of sworn officers did not always appear appropriate given actual duties performed and case requirements.

Finding No. 8: MFCU had not fully addressed the appropriate skills mix needed for effective investigation of highly complex Medicaid fraud.

Finding No. 9: MFCU did not have a formal continuing education process to ensure investigators maintain the necessary knowledge and skills to conduct Medicaid fraud investigations.

Finding No. 10: The MFCU motor vehicle fleet was not utilized effectively and efficiently.

Finding No. 11: MFCU assignment of communication devices did not appear efficient.

Finding No. 12: MFCU did not ensure that evidence room inventories were properly conducted or documented.

Since being removed from probation, the number of cases increased, but the conviction rate dropped from 21 percent to 7 percent. Can you imagine out of 1,270 cases closed during July 2005 - February 2007, only 88 cases (7 percent) resulted in convictions or settlements and 1,182 cases (93 percent) were people wrongfully accused?

How is it possible no one has questioned the results of the Florida MFCU? HCCA-AIS Medicaid Compliance News tried to reach the Attorney General’s Office in September 2008, but they did not respond to a request for comment. See pages 4 and 5 of the HCCA-AIS Medicaid Compliance News.

This story is personal because I am one of the people wrongfully accused while the MFCU was on probation. On July 27, 2004 I was arrested by the MFCU on ten counts of elderly and disabled neglect. The first time I met the lead investigator, Officer Cavallo was on the day she arrested me. I was unaware of the investigation and had no idea why I was being arrested.

I have always been a law abiding citizen, a devoted mother to a severely disabled son, no criminal history, involved in numerous charitable causes, a journalist, and an educator with a doctorate degree in nutrition education and counseling. What did I do? How was I involved? This had to be a mistake.

I called Officer Cavallo when I got out of jail and we met on July 30, 2004. I received the Probable Cause Affidavit on July 31, 2004. Our conversation was taped and revealed Officer Cavallo neglected to verify information she presented as evidence in the Probable Cause Affidavit. This is a violation of the MFCU probation as described in findings #1 and #9. The facility was investigated around May 2003 through September 2003.

1. Cavallo neglected to verify my employment. I was not working at the facility during the investigation. Evidence: W2, 1099, Tax Return. In addition, Cavallo never checked the medical records to see who was the clinician.

2. Cavallo neglected to verify my relationship with the owner. He was not my fiancé. He was a person who had been abusing me mentally and physically, on and off for ten years. Had Cavallo called the Broward Sheriffs Department they would have verified this. He also borrowed over $100,000 from me to help the patients, but never paid it back.

3. Cavallo was unaware I was working from home since 1995. I worked out of my home as a bookkeeper and biller so I could take care of my son who has cerebral palsy.

4. Cavallo was unaware of a 3 million dollar reconciliation, yet she states she reviewed the financial records.

5 I am not mentioned in any of the 10 cases.

I knew from our conversation, Cavallo neglected to verify information pertaining to me. This was obvious. I had the feeling Cavallo though it was obvious too. I provided Cavallo with the following “Evidence”

1. My final pay stub with corresponding W2 and 1099 for the year 2003. Initial pay stub for a new company I started to work with on 06/15/2003.

2. Promissory Note between Graham Miller, myself, a single woman and 3370 Oakland Park, LTD (Lampert’s Company). I was never an owner or co-owner, just a stupid person trying to help the patients and staff.

3. I provided the phone numbers of the Broward Sheriff and case worker who helped me and my son get through the mental and physical abuse by Lampert. I provided my doctor’s number to verify the dates of these incidents.

4. Medicaid Reconciliation. October 2002 thru July 10, 2003.

I thought once Cavallo verified I wasn’t working at the facility while under investigation this would be over, but it wasn’t. The nightmare was just beginning.

I learned if investigators fail to verify information during their investigation, it is not considered evidence unless the investigator or your lawyer introduces it. Neither the investigator or the court-appointed lawyer introduced the evidence I provided to them. The tape that proved Cavallo forgot to verify information was not turned over until 2-1/2 years passed and 9 requests were made. The tape was missing 30 minutes and had at least 19 transcribed errors. The court-appointed attorney admitted he never listening to it, yet he called me delusional which I found strange since my statement could easily be verified - but no one would verify it.

July 27, 2009 will mark the 5th year since I was wrongfully arrested. The case still has not been heard. After requesting a speedy trial four times in 16 months, I was finally declared incompetent. I found out you should never ask a judge, prosecutor or an attorney if they are violating your 6th Amendment rights. When a person is declared incompetent they loss their 6th Amendment right to a speedy trial.

During these 4 years and 11 months I tried to understand the actions of those who took an oath to up hold the law. The evidence had now grown to include not only my innocence, but the violations of my rights.

1. Final pay stub with corresponding W2 and 1099 for the year 2003. Initial pay stub for a new company I started to work with on 06/15/2003. Why didn’t Officer Cavallo, MFCU or my court-appointed attorney notify the court?

2. Promissory Note between Graham Miller, myself, a single woman and 3370 Oakland Park, LTD (Lampert’s Company). I was never an owner or co-owner, just a stupid person trying to help the patients and staff. Why didn’t Officer Cavallo, MFCU or my court-appointed attorney notify the court?

3. Medicaid Reconciliation. October 2002 thru July 10, 2003. The court must have been notified because all financial issues were dropped.

4. July 1, 2005 received a letter from Florida Department of Health stating their was no probable cause and recommended the case be dismissed. Why didn’t my court-appointed attorney notify the court?

5. Why did Judge Lebow deny my right to a speedy trial four times in 16 months? The stress of the legal system was overwhelming. It was not easy raising my son when I could not get a job. It was even more difficult because my son is confined to a wheelchair. I knew I was innocent, but the prosecutor and the court-appointed lawyer were still not ready after 1-1/2 years.

6. The phone numbers of the Broward Sheriff and case worker who helped me and my son get through the mental and physical abuse by Lampert. Why didn’t Officer Cavallo, MFCU or my court-appointed attorney notify the court? My doctor wrote a letter to the judge and the attorney informing the court that any interaction with Lampert could be physically harmful to me. Everyone ignored the doctor’s letter.

7. Nine requests for the tape and probable cause. Why didn’t my court-appointed attorney notify the court?

8. List of errors found on the altered tape provided by Prosecutor Bell: Missing 30 minutes of tape and at least 19 transcribed errors. Why didn’t my court-appointed attorney notify the court? Why didn’t he listen to the tape?

9. Twelve Deficiencies noted in the Medicaid Fraud Control Unit from Auditor General 2003 Report and September 2005. One of the deficiencies refers to the lack of complete and accurate case information. Why didn’t Officer Cavallo, MFCU or my court-appointed attorney notify the court?


The following people or agencies were provided with the evidence of my innocence and/or the violations of my rights:

Office Joyce Cohen Cavallo, Lead Investigator for the MFCU. She never followed up.

Judge Susan Lebow, criminal judge. Denied speedy trial 4 times in 16 months. Stated if I wanted a speedy trial I would have to pay for the prosecutors prepaid vacation. Gave me a choice between an attorney or a speedy trial. I always thought a defendant had a right to both. Referred me to the competency court.

Florida Bar Association (2006). Filed a complaint against prosecutor Bell for withholding evidence. FBA referred the complaint back to the court.

Governor Bush. Referred me to State Attorney Satz.

State Attorney Satz. His office stated he was unable to talk to me.

ACLU. Hung-up the phone when they found out I was declared incompetent.

Judge Bidwell (12/2006). Ordered Bell to turn over the complete tape. She only turned over part of it.

Marianne Bell, retired prosecutor. Withheld the tape for 2-1/2 years. When ordered to turn over the tape it was missing 30 minutes and had at least 19 transcribed errors. Bell retired a few months later.

Attorney General McCollun. Referred the MFCU complaint to the OIG due to a conflict of interest.

OIG, Captain James Mann (10/2008). Responded that he had conducted an inquiry on April 14, 2008 and found no reason to investigate the complaint further. Captain Mann made this decision without listening to the tape or reviewing the questionable evidence provided by Office Joyce Cohen Cavallo in the Probable Cause Affidavit.

Judge Hurly Jr. Fifth judge assigned to my case. General Magistrate recommended the charges be dropped. Hurly Jr. waited till she left the court room and then said “no”. I gave the judge a copy of the evidence, but I didn’t think he would look at it.

Roger Lohse. Channel 10, Miami, WPLG. Reporter originally following the story. When I provided him the evidence, he told me it wasn’t an interesting story any more.

Florida Bar Association (2009) and William Beamer, court appointed attorney.
Filed a complaint against William Beamer, the court-appointed attorney for violating the Rules of Conduct. After Beamer failed to show up in court two consecutive times, the General Magistrate suggested I file a complaint with the FBA.

FBA responded “there is insufficient evidence from the materials provided that Mr. Beamer has violated any of the rules adopted by the Supreme Court of Florida which govern attorney discipline.”

I was surprised at the FBA decision, so I wrote a letter to confirm their response. “My understanding from your letter is the following actions are not considered violations of the Rules of Conduct.”

1. Mr. Beamer does not have to show up or call when he is supposed to appear in court.

2. Mr. Beamer is allowed to withhold evidence that might prove my innocent (W2, 1099, Letter from Dept of Professional Regulations, Dr. Ratners’ chronological notes, Police Records regarding Lampert’s abuse, the late Mr. Millers’ correspondence, etc.)

3. Mr. Beamer does not have to report to the court evidence that has been tampered with by the SAO (tape recording).

4. Mr. Beamer is allowed to disregard the General Magistrate’s instructions (referral to judge).

5 . Mr. Beamer is allowed to provide materials to the FBA that have never been substantiated and in some situations were not about me or my case.

I have not yet received a response.

Conclusion

Some of the “Evidence” obtained during the investigation was never verified, that I am sure of. What happened to the evidence I provided Officer Cavallo-MFCU, court-appointed lawyer, judges, prosecutors and the other people and agencies listed above?

1. Did you look at the evidence?

2. Were you too busy to look at the evidence?

3. Did you say she is incompetent, why bother?

4. Did you realize if the evidence was true that would mean someone in the Medicaid Fraud Control Unit and Judicial system had violated my rights, provided fictitious evidence, withheld and tampered with evidence, and violated the MFCU probation imposed by the US Department of HHS.


Even with all the legal problems, I continue to volunteer helping others. On June 16, 2009 I was selected to receive the Florida Public Service Award for my lifetime achievement in helping the disabled and elderly. The award will be presented in July 2009 by the state of Florida professional association. I had to get permission from the Broward County Courts to attend.

I don’t know when this nightmare will be over. I hope soon.