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Mar. 03, 2007
Copyright © Las Vegas Review-Journal


FEDERAL INDICTMENT: Doctor-lawyer scam alleged

Man faces fraud charges in Las Vegas personal injury cases

By CARRI GEER THEVENOT
REVIEW-JOURNAL

A federal indictment claims unidentified doctors and lawyers in Las Vegas conspired with a medical consultant for two years to pad their own pockets by "artificially and fraudulently inflating settlements or judgments" in personal injury cases, prosecutors announced Friday.

The indictment, which initially was sealed, names only former Las Vegas resident Howard Awand as a defendant. Awand, who "purported to be" a medical consultant, was at the heart of a multimillion-dollar scheme that included paying kickbacks, jacking up medical costs and even performing unnecessary procedures, all without clients' knowledge or consent, according to the document.

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"We anticipate that there are other indictments that have been sealed," said Awand's attorney, Bill Terry. "The government would not confirm or deny it in court."

Awand, 62, surrendered Friday in Las Vegas and later appeared before U.S. Magistrate Judge Peggy Leen, who released him pending trial. His arraignment is scheduled for this Friday.

"We're entering a not guilty plea to all charges," Terry said.

Special Agent David Nanz, one of two FBI agents investigating the case, said he and other agents went to Awand's home on Friday in Vevay, Ind., to arrest him, but he was not there.

Terry said Awand arrived in Las Vegas on Wednesday in anticipation of the indictment. Awand turned himself in after his wife informed him about the visit from the agents, the lawyer said.

When asked whether others would be charged in the case, Nanz said, "I can't talk about future plans, but just stay tuned."

Awand is charged with conspiracy, mail fraud, honest services fraud, money laundering and witness tampering.

"I don't understand the charges against my client," Terry said. He later added, "You can't have a conspiracy all by yourself."

Prosecutors seek the forfeiture of up to $7 million in property owned by Awand, including real estate in Stowe, Vt. Terry said Awand has homes in Las Vegas and Vermont, but his primary residence is in Indiana.

In November 2005, after the grand jury investigation came to light, the Review-Journal reached Awand at his home in Vermont. He declined to comment on the allegations but said, "In time, the truth will come out."

According to the indictment, Awand owned and operated Nevada Medical Investments, a corporation that purchased accounts receivable and collection rights from health care providers, and Nevada Medical Consultants, a corporation "through which Awand purportedly provided medical consulting services."

The indictment alleges that Awand conspired with doctors and lawyers to carry out their fraudulent scheme from about September 2001 to about November 2003. According to the document, they carried out the scheme by:

• Performing excessive and aggressive medical procedures at inflated cost without the fully informed consent of the client and patient.

• Improperly influencing the sworn testimony of health care providers through promises and payments of kickbacks, protection from medical malpractice lawsuits, and payments for services on medical liens without regard to whether the procedures were covered by insurance.

• Performing medical procedures on patients without revealing agreements between Awand and the health care providers.

• Concealing from clients, the courts, defendants and others the "inherent conflicts of interest and self-dealing relationships arising from the undisclosed agreements" between the co-conspirators.

• Advising clients to settle cases and disburse payments without informing them of the undisclosed agreements.

• Paying kickbacks from client settlements and judgments to Awand and physicians without the knowledge or consent of clients.

The indictment specifically discusses Awand's actions in a personal injury case involving an unidentified lawyer and client.

According to the document, "Attorney A" agreed in September 2001 to represent "Client 1, a person who possessed a personal injury claim resulting from a medical procedure that left Client 1 profoundly and permanently disabled."

The client signed a contingency-fee agreement that promised the lawyer 40 percent of the final settlement or judgment.

The indictment claims Awand provided advice to the lawyer and client concerning litigation strategy, recommended medical care for the client and directed the client's medical care.

In August 2002, according to the indictment, the lawyer advised the client to enter into a settlement with one of the defendants in the civil case for $5 million. Of that amount, the indictment alleges, $2 million went to the lawyer, who paid Awand $780,000.

"Attorney A falsely represented that A earned $2,000,000 in attorney's fee when, in truth and fact, the attorney fee was $1,220,000 and the remainder was comprised of a $780,000 fraudulent kickback to Awand," the document alleges.

Las Vegas attorney Robert Eglet read the indictment Friday and said he does not understand what crime "Attorney A" committed.

"There may be some ethical issues there, but I don't think it rises to the level of a federal crime, but I'm not a federal prosecutor," Eglet said.

Eglet, now a personal injury lawyer, said he worked with Awand for eight to 10 years as an insurance defense lawyer. Many lawyers in town have used the man's services, Eglet said.

"I'm not Attorney A, nor is anyone else in my firm," he said. "I can state that unequivocally."

Eglet is one of six partners in the law firm of Mainor Eglet Cottle. The firm received a subpoena in November 2005 asking for records of payments to Nevada Medical Consultants, Awand's business. Nobody with Mainor Eglet Cottle, which was not in existence when the crimes are alleged to have occurred, has been notified that they are targets of the investigation or been asked to testify before the grand jury, Eglet said. Other firms also were subpoenaed.

The indictment also accuses Awand of tampering with an unidentified witness who testified during a grand jury hearing last year.

According to the document, Awand had contracted with the individual to perform bookkeeping services for him and his business entities from about February 2000 to about March 2006.

"During this time, defendant Awand represented to Witness 1 and intended to leave Witness 1 with the impression that Awand was an agent for the federal government who had access to secret information, that he possessed political influence through campaign and fund-raising activities for judges, that he had the ability to influence judges, and that he had the ability to influence attorneys," the indictment alleges.

On March 6, federal agents served the witness with a grand jury subpoena seeking business documents related to transactions involving Awand and his businesses. The witness produced the documents on March 8.

"Shortly thereafter, defendant Awand contacted Witness 1, expressing anger for producing documents to federal agents, terminated his relationship with Witness 1, and ceased regular communication with Witness 1," the indictment alleges.

According to the indictment, the witness testified at a grand jury hearing on April 12 and received an e-mail from Awand on May 19 that stated, "Heard from an inside source at the federal building that you testified before the Grand Jury. Hope it went well."

The message "was intended to, and did, in fact, intimidate and frighten Witness 1, and made her question whether she wanted to further cooperate with the federal grand jury's ongoing investigation and proceedings," the indictment alleges.


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