U.S. attorney who prosecuted former governor Don Siegelman retires

Don Siegelman

U.S. Attorney Louis V. Franklin Sr., who prosecuted former Alabama Gov. Don Siegelman on corruption charges, announced his retirement Friday after about 30 years of public service. Franklin joined the U.S. attorney’s office for the Middle District of Alabama in 1990, then spent two years in private practice in the late ’90s before returning. He was confirmed as the first Black U.S. attorney in Montgomery in 2017 after being nominated by then-President Donald Trump. Democratic President Joe Biden will name a successor. Franklin led the team that prosecuted Siegelman and HealthSouth Corp. founder Richard Scrushy on bribery charges in 2006. Both men served time in federal prison. “It has been an absolute privilege to spend my career in this office, serving the people of the Middle District and working alongside so many talented attorneys and staff,” Franklin said in a statement. “I know I am leaving the office in good hands, and I will forever be grateful for the opportunity to serve in my hometown and make our communities safer for the people of Alabama.” Multiple other U.S. attorneys nationwide have retired in recent days, as is usual when the White House switches from one political party to another. Richard Moore, the U.S. Attorney based in Mobile, announced his retirement earlier in the week. Republished with the permission of the Associated Press.

State Rep. Ed Henry claims he’s not guilty of any crimes

Ed Henry

Hartselle-Republican, State Rep. Ed Henry, claims he is not guilty of any crimes. Henry was indicted on Thursday by Middle District U.S. Attorney Louis V. Franklin Sr. The Republican representative was named as the fourteenth defendant to be indicted in connection with a federal pill mill case in Montgomery. He is charged with conspiracy to pay kickbacks to defraud the United States, unrelated to his position in the state Legislature. On Thursday afternoon Henry posted a statement on his personal facebook page, saying he is not guilty of any crimes. “I’ve always been as open and transparent as possible,” said Henry on facebook. “For the last 8 years I have fought the government from further encroachment on our Freedoms. Today began my fight with the Federal Government for my freedom. So while I would like to lay everything on the table for all to see, that would not be wise while fighting an opponent that has endless resources like our Government.” “My goal was to help patients, and I did. Using a program established and promoted by Medicare, I helped chronically ill patients and saved the taxpayers’ money. For that, I have been charged with multiple Felonies.” “I am not guilty of any crimes.” From 2015 through 2017, Henry was an owner, and CEO of a health care company, MyPractice24, Inc. (MyPractice24). His company provided non-face-to-face chronic care management services to Medicare beneficiaries who had two or more chronic conditions. Using contracts with primary care physicians the doctors would pay Henry’s company to provide these chronic care management services to the doctors’ patients, the company would provide the services, the doctors would bill Medicare for the services, and then the doctors would pay Henry’s company a share of the reimbursements received from Medicare. In 2016, Henry entered into an agreement with Dr. Gilberto Sanchez, a Montgomery physician who has subsequently pleaded guilty to drug distribution, health care fraud, and money laundering charges. Under that agreement, MyPractice24 would provide various kickbacks to Dr. Sanchez and his staff in return for the providers at Dr. Sanchez’s practice referring Medicare beneficiaries to MyPractice24 for chronic care management services. The indictment charges Henry with one count of conspiring to pay kickbacks and to defraud the United States, one count of conspiring to commit health care fraud, five counts of health care fraud, and money laundering charges. If convicted of the most serious offense, Henry faces a maximum sentence of 10 years in prison, significant monetary penalties, asset forfeiture, and restitution.

State Rep. Ed Henry indicted in federal pill mill case

Ed Henry

Hartselle-Republican, State Rep. William “Ed” Henry, 47, has been arrested on charges stemming from his role in a medical kickback scheme. The indictment, announced on Thursday by Middle District U.S. Attorney Louis V. Franklin Sr., names Henry as the fourteenth defendant to be indicted in connection with a federal pill mill case in Montgomery. It charges him with conspiracy to pay kickbacks to defraud the United States, unrelated to his position in the state Legislature. Background According to court documents, from 2015 through 2017, Henry was an owner of a health care company, MyPractice24, Inc. (MyPractice24). During some of that time, he also served as the company’s chief executive officer (CEO). MyPractice24 provided non-face-to-face chronic care management services to Medicare beneficiaries who had two or more chronic conditions. The company did so pursuant to contracts into which it entered with primary care physicians. Under those contracts, the doctors would pay Henry’s company to provide these chronic care management services to the doctors’ patients, the company would provide the services, the doctors would bill Medicare for the services, and then the doctors would pay Henry’s company a share of the reimbursements received from Medicare. The indictment alleges in 2016, Henry entered into an agreement with Dr. Gilberto Sanchez, a Montgomery physician who has subsequently pleaded guilty to drug distribution, health care fraud, and money laundering charges. Under that agreement, MyPractice24 would provide various kickbacks to Dr. Sanchez and his staff in return for the providers at Dr. Sanchez’s practice referring Medicare beneficiaries to MyPractice24 for chronic care management services. Among the kickbacks provided were direct payments to a member of the staff, free chronic care management services, free medical billing services, and free clinical services unrelated to the provision of chronic care management services. Additionally, Henry assisted Dr. Sanchez in paying kickbacks to patients who enrolled in the chronic care management program. Dr. Sanchez paid these kickbacks by systematically waiving copays—copays which Medicare required Dr. Sanchez to collect. The indictment The indictment charges Henry with one count of conspiring to pay kickbacks and to defraud the United States. It then alleges six counts of paying unlawful kickbacks — each count is based on a different type of kickback Henry paid to Dr. Sanchez and those who worked at Dr. Sanchez’s practice. Next, the indictment charges Henry with one count of conspiring to commit health care fraud and five counts of health care fraud. Those counts are based on Henry’s assisting Dr. Sanchez in unlawfully waiving copay obligations and then failing to report the copay waivers to Medicare. Last, the indictment alleges that Henry conspired to commit money laundering. The money laundering charge results from Henry’s using the proceeds of health care fraud to make payments to Dr. Sanchez’s staff members. If convicted If convicted of the most serious offense, Henry faces a maximum sentence of 10 years in prison, significant monetary penalties, asset forfeiture, and restitution. An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt. The investigation, the trial This case was investigated by the United States Department of Health and Human Services – Office of Inspector General, the Drug Enforcement Administration’s Tactical Diversion Squad, and the Internal Revenue Service’s Criminal Investigation Division. The Montgomery County Sheriff’s Office, the Alabama Board of Medical Examiners, the Montgomery Police Department, and the Opelika Police Department assisted in the investigation. Assistant United States Attorney Jonathan S. Ross is prosecuting the case. Doug Howard, a spokesman for the U.S. Attorney’s Office, told AL.com Henry pleaded not guilty at an arraignment Thursday morning and will be released on bond Thursday. Meanwhile, eight of the thirteen other defendants have pleaded guilty. The trial is currently set for October. Henry has not responded to Alabama’s Today’s request for comment. Read the full indictment below: