D. Michael Crites

Experience

Counseled Treatment Center through Investigation

Client: Addiction treatment center

On behalf of a multi-office Ohio addiction treatment center, we handled the fraud and abuse investigation and subsequent negotiations with federal authorities who were reviewing the client’s receipt of free drug screening equipment from one of the largest laboratories in the country.  We successfully persuaded the United States Department of Justice to decline bringing criminal or civil charges, and the matter was eventually resolved with minor civil penalties paid to the United States Department of Health and Human Services / Office of Inspector General and avoidance of any administrative sanctions, including exclusion from participation in public health programs.

Settlement of Ambulance Company OIG Voluntary Disclosure matter

Medicare billing and coding requirements are complex and present compliance risks for all types of providers. Mitigating these compliance risks requires experienced and sophisticated legal counsel. We represented an Ohio Ambulance Company in negotiating a settlement with the Office of the Inspector General and the Ohio Attorney General (collectively “Government”) in a matter involving non-emergency transport claims that did not meet Medicare’s medical necessity requirements. Our client voluntarily disclosed their billing errors to the Government, and they declined to pursue criminal charges. We then pursued a global resolution of the civil and administrative issues, and eventually settled this matter for an amount that was agreeable to our client.

Federal Civil Litigation

Our firm represented a New York defense contractor in federal civil litigation alleging that our client had conspired with another company to conduct flawed testing on certain seat belt assemblies for use by the military in Iraq and Afghanistan, resulting in the supplier of the seat belt assemblies to be debarred and lose its contract to provide seat belt assemblies to the military. We filed a motion to dismiss and obtained a judgment of dismissal on behalf of our client.

Federal Criminal Indictment

Consulted with and provided legal advice to a Fortune Global 50 company regarding alleged white collar criminal issues involving the Global 50 company's United States subsidiary.

Federal Grand Jury Investigation

Represented a CPA who had received a "Target Letter" from the United States Department of Justice in connection with a federal grand jury investigation of alleged tax fraud. After completion of our own internal investigation, meetings with Department of Justice and Internal revenue Service, Criminal Investigation Division officials, no charges were brought against our client.

Federal Grand Jury Investigation

Dinsmore represented the Director of Sales of an international orthopedic company that developed, manufactured, marketed and sold orthopedic implant devices in a federal grand jury investigation in New Jersey, looking into alleged violations of the federal anti-kickback statute. We were successful in persuading government prosecutors not to charge our client.

Federal Grand Jury Investigation

Dinsmore represented a former executive of one of the nation's largest healthcare financing companies in a $2.8 billion corporate fraud case during the federal grand jury investigation and in United States District Court. The client entered into a negotiated plea agreement with the United States Attorney's Office that resulted in the client receiving a two year sentence, the lowest sentence of anyone sentenced for participation in the corporate fraud.

Foreign Corrupt Practices Act and Enforcement Defense - Executive Training/Presentations

We provide executive training and presentations to multiple public and private clients on issues related to the Foreign Corrupt Practices Act and enforcement defense.  There is a great cost/benefit to clients as we tailor prior-used proven training materials and methods to specific client needs.

Investigation for Medicaid Fraud

Dinsmore represented the former owner of an ambulette company under investigation by the Ohio Attorney General's Office for Medicaid Fraud. The State alleged that the company had billed for patient services that were never rendered. Using information obtained through our own internal investigation, we negotiated a plea agreement which was very favorable to the client, including probation, a stipulated restitution amount and the client keeping his employment with the federal government.

Investigation of Medicaid Fraud

Represented an Emergency Room Practice Group in a criminal investigation conducted by the Ohio Attorney General's Office in connection with alleged Medicaid fraud. After completion of our own internal investigation and meetings with the Attorney General's Office, no charges were brought against the client.

Investigation of Medicaid Fraud

Dinsmore represented a healthcare transportation company and its owner during a State of Ohio criminal investigation for Medicaid Fraud. The State of Ohio alleged that the owner and company had billed Medicaid for patient services that were rendered outside of the program guidelines. Using information obtained through our own internal investigation, we negotiated a plea agreement favorable to our client with the Attorney General's Office and reduced the amount of restitution owed by the company's owner. Our office also took steps to transfer the ownership of the business in a timely manner to ensure that the business continued its operational existence without interruption.

Product Liability Litigation

Represented a concrete mixer manufacturer in product liability litigation in federal court. Plaintiff alleged that his injuries resulted from defective manufacturing and defective design of the concrete mixer unit designed, manufactured and installed by our client. After discovery, the case against our client was dismissed.

State Grand Jury Investigation

We represented a public employee who was the “target” of a state grand jury investigation focusing on alleged public corruption and theft in office, stemming from the administration of a county program. After completion of our internal investigation and meetings with and presentations to the local prosecuting attorney, the investigation against our client was closed with no criminal charges filed.

Trade Dress Infringement and Trade Dress Dilution Litigation

Firm represented as local counsel a large international company against claims alleging Trade Dress Infringement, Trade Dress Dilution, deceptive trade practices, unfair competition and unjust enrichment relating to certain product package designs. After extensive discovery and several mediations, the case was settled on terms very favorable to the defense.

Wrongful Death Action

Defended a corporation which operated and managed a marina in a wrongful death action brought by the estate of an employee who drowned while removing a boat from the water of the marina. We obtained summary judgment and dismissal on behalf of our client following discovery. The decision was affirmed in the Court of Appeals.