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| The "force" is not strong with attorney "Darth" Newman's version of the timeline of his receipt of stolen Escambia County files and records.... |
The problem with lies is that they will always be found out. A liar who lies and tells lies will invariably lose track of the lies he tells and then the lies he or she told will be discovered. Then, that person will be discredited, ostracized, ridiculed and even made a pariah.
Or it could be worse.
Sometimes you lose a relationship when you get caught in a lie---- be it a business, personal, or other type relationship.
Worse than this--if a lie is told to a federal agent--that's a crime.
And if a lie is told under oath, that's perjury.
If a lie is told to a judge by an "officer of the court "-- well, there are professional ramifications that can be significant and career threatening or career ending: there could be sanctions up to and including a formal bar complaint, a reprimand, a sanction, or disbarment.
So liars ought to be careful about telling lies--lest they get wrapped up in their own webs of dishonesty and have to pay a price for it.
Currently---there are lots of lies flying around Escambia County as it pertains to stolen Escambia County files that contain lots of county records, medical records, personal identification information, attorney-client protected conversations, and a host of other records that are not public records and would never be released under any circumstances--let alone unredacted--- under any valid public records request ever. Yes, there may be a number of bonafide public records within the larger file of stolen records as well, any one or all of which would have been provided upon request because these files were saved from deletion via action taken by the county---but the majority of the file would not have been a public record.
Nobody ever asked, though, and no public records requests were made of the information in these files. until the whole thing was stolen.
And, again, the vast majority of what was stolen and disseminated inappropriately and unredacted by Jonathan Owens is NOT public record.
Webbed into all of these lies, potential crimes, and other problems are the issues of the separate, frivolous Federal Quitam and harrassment case brought by lawyers for former Medical Director Rayme Edler.
That case is baseless, meritless, and frivolous and will be defeated in court--that's my opinion.
And that separate federal lawsuit against the county, along with the previously settled cases of 5 former EMS employees (ALL but 1 of whom were NOT prosecuted) has apparently provided Gannett and the Pensacola News Journal with just enough cover for them to use (conflate) the stolen, unverified county text message files they now possess unlawfully---somehow----- with the 2019 EMS challenges and the former Medical Director's currently stalled case.
That's their pretext.
The thing is this, though. The files at issue, from my phone, were stolen from the county, and after being stolen--these files have been manipulated.
And this issue, this case, and this Escambia County lawsuit to recover these files are separate and distinct and have NOTHING to do with previously settled EMS cases or with Dr. Edler's current, frivolous and meritless lawsuit(s) against the county which will be defeated in court.
I have it on very good authority, from a source that knows, that manipulation to these stolen files has already happened, and there will be much more to come on this in the next 6-12 months as discovery, depositions, the currently confidential but soon-to-be released FBI investigation report, potential prosecutions, ethics violation investigations, and other evidence and information is brought forward, gathered and presented to the court to bolster the county's replevin lawsuit.
By contrast to the files the PNJ have---which have been manipulated---my original jump drive (provided to me and in my posession since imaged and copied by the county IT staff in February of 2022 and provided to investigators recently and upon their request) is an exact duplicate of what was on the county's harddrive after my phone was imaged. That has now been confirmed, again, by a source intimately familiar.
The file that Dr. Edler's attorney's have, by contrast, is NOT an exact copy, it has been manipulated, the hash signitures do not match. This, again, is the same file the PNJ has.
So as we do discovery for our replevin case, and we take depositions, we will find out how this happened as we ask a lot of questions about this. Lots. And we'll be asking questions of lots of people including the PNJ reporters and editors that have this manipulated copy of stolen files and ran with it in multiple stories they have manufactured and published as gospel truth anyway--never bothering to do what legitimate, honorable and reputable journalists do----- verify the authenticity of the data from the source-----the county or me----before publishing inaccuracies.
As bad as all of that is, (And it is REALLY BAD) worse is the fact that the timeline(s) of the "when" Dr. Edler's attorneys first received this manipulated, unredacted copy of my files to attempt to use in their separate, frivolous lawsuit(s) against the county does not add up with what Jonathan Owens----their lynchpin star witness himself-------- is saying.
The Story Doesn't Add Up and the Dates Don't Jibe, Either, "DARTH"
Lawyer Darth Newman from Pennsylvania has submitted an affidavit in Federal Court to Magistrate Hope Cannon in Rayme Edler's case that he (Newman) is working. In it, he states that he had no idea the stolen county text message data file was coming to him, did not request it (of Owens), and that it was emailed to him unsolicited, unannounced on March 15, 2023. "Darth" goes on to state he is the only one of Edler's co-counsels that have "substantially" (whatever that means) viewed it and that he notified the defense counsel "shortly after coming into possession of the file." Read his sworn statement, here. (Notably--the notification from Darth Newman to the County Attorney did not come until nearly two weeks later, on March 27th, and this notification was nonchalantly offered up multiple paragraphs into (buried) and within the body of a voluminous email full of legal mumbo-jumbo and minutae on a variety of ongoing, monotonous discovery gripes--AND obviously and conspicuoulsy NOT highlighted. Nevertheless--the notification should have been immediate, via a call to the county or a stand alone email as this was an important development. And county staff moved WAY too slow catching on and I was not told until nearly 3 Months later which was massively disappointing. But that is a separate issue which I have discussed at length with the county attorney privately.)
Meanwhile--Jonathan Owens has proudly, in cocky fashion like a weird sort of proud rooster, stated on the radio and in the press on August 7th of this year that he kept the file after he left county employment, read the files, was asked by Edler's lawyers if he had anything else that could help their case for Edler and against the county----------- AFTER he was interviewed by them and AFTER he provided an affidavit for their case against the county. Problem is--their interview and Owens' affidavit is dated April 3rd, 2023. Three weeks after Darth Newman said Owens sent him the file unsolicited on March 15th 2023. Read Owens' sworn affidavit, here
None of these tools have a time machine, so this is obviously a lie.
Someone is lying, obviously, and these timelines don't mesh. Owens even states in the transcript of his radio interview from August 7th of this year---on page 11 of the county's lawsuit filed against him and two others, here----that he provided Edler's attorneys a copy of the stolen files "Last year."
Wait-----That would have been 2022--way before "Darth" says he received the unsolicited email on March 15th of 2023. Did "Darth" get the file in 2022 as Jonathan stated, or is Jonathan lying? Or is "Darth" Newman Lying? Or did co-counsels actually have it and read it in 2022 as Jonathan clearly stated and did/does Rayme Edler actually possess this stolen file, too? If co-counsels to "Darth" had it "Last Year" like Owens proudly stated--this makes the entire affidavit submitted by "Darth" Newman inaccurate at best--a series of lies at worst. So, who is lying?
These stories do not jibe, people are lying, and timelines are changing, evolving, and revolving.
Lying liars are lying all over the place on this timeline, in affidavits, on the radio, and in the press using manipulated, stolen data to bolster their lies.
Did they even lie to the Federal Magistrate, Hope Cannon, with this "timeline?"
Wow---too many questions.
But make no mistake: between the FBI investigation report (which will be made public once the federal prosecutors and/or state prosecutors are done with it and have made decisions on prosecution(s)) and what the county will find and learn as we move forward with our replevin case and enter discovery and begin multiple depositions of multiple persons, we will get to the bottom of it all. All of it.
And folks will be under oath and they will answer the questions or invoke their 5th Amendment protection from self-incrimination, because that's how depositions work, folks have to answer the questions, objections can be noted but the questions will be answered lest the Judge in the case have to get involved---and that's not good when that happens. So understandably--- we'll be meticulous in our questions of multiple individuals we will depose as we seek to get back the property, every copy of it, that was stolen from the county and now possessed still to this day, unlawfully and unredacted, by multiple individuals and entities.
I have it on good authority and have been told by multiple persons with firsthand knowledge that clerk of the court Pam Childers unlawfully possesses a copy of this stolen, maniplutlated file. She will not answer direct requests of her made by the county attorney as to whether or not she has a copy-- so we
A significant part of the Qui Tam lawsuit against Escambia County's EMS division by Rayme Edler was dismissed today by Federal Judge M. Casey Rogers.
From the motion:
"Plaintiff-Relator Rayme M. Edler filed a qui tam action in part pursuant to the False Claims Act (“FCA”), 31 U.S.C. §§ 3729(a)(1)(A), (B), (G), alleging that Defendant Escambia County submitted fraudulent claims for reimbursement to the federal government. The United States has declined to intervene. See ECF No. 7. Now before the Court is Escambia County’s Motion to Dismiss Count II of the Second Amended Complaint. ECF No. 91. Having reviewed the matter, the motion to dismiss is granted."
Commissioners were notified late this afternoon that both of Escambia County Clerk of the Court Pam Childers' motions for summary judgment in the Escambia County 401(a) lawsuit were denied by Circuit Court Judge William Stone.
Denied.
These motions have been before the court for several months and this is a huge loss for the clerk and a big win for Escambia County--- and paves the way for this case to move forward to trial.
FULL DISCLOSURE: I do not take the 401(a)--I take the FRS pension plan, which I joined when I was on the school board beginning in 2006. So I have no "dog in the hunt" as it relates to the 401(a) plan issue. But what I do have is a philosophical disagreement with the politicization and subsequent weaponization of this issue by the clerk via her unilateral decision to summarily stop paying these amounts---after she paid them, business as usual, for years and years. Suddenly, coincidentally after rumors and hearsay that someone allegedly called her an unflattering name---then suddenly this plan, in her opinion, was/is ILLEGAL!! This plan is not illegal, her legal opinions were weak and this situation is purely political and an attempted power game, so far as I can tell.
Read both of the orders from Judge Stone below...
Three briefs were filed last Friday in the circuit court related to the county's suit against the clerk of the court for her refusal to fund the lawful retirement accounts of three sitting commissioners.
Two of the briefs (here and here) were filed by the clerk's attorneys and essentially argue that the retirement contributions are salary--and thus the higher rate of return for the local plan amounts to an unlawful increase in commissioners' "salaries".
The county's brief goes into great detail in demonstrating that the retirement benefits of the local plan are not salary under Florida law. Further, the county brief describes why the clerk's insistence on focusing on the "57%" figure is a political argument not relevant to the issue before the court. From the county's brief:
"The County's opinion is that the Clerk's injection of "57 percent" is more about politics and policy choices than the actual legal issues. The fact is that, until June 2021, the County, the Clerk, and ICMA all agreed that the contribution amount toward the Local Plan would be equal to whatever the FRS's charge was in a given year. This is why the County is correct to say that the Local Plan does not cost the taxpayer a penny more than the FRS. The amount the County spends on the Local Plan is exactly the same. The Clerk's injection of this figure into this motion (and her statements to the press) just shows that what the Clerk really seeks is to make policy: to overturn a legislative choice made by the Board of County Commissioners which she finds personally objectionable."
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| Someone is looking to score a payday! |
The board was made aware late last week of a recently filed complaint against the county in Federal Court. This complaint is being made under the Federal False Claims Act. The allegations and insinuations are numerous and wide-ranging. Everything but the kitchen sink is thrown into the complaint--which initially was filed under seal with the court back in September of last year. Like a Jackson Pollock--stuff is thrown all over the place in this filing. like spaghetti all over the wall....The Angst oozes from the pages of the complaint (currently being redacted in the legal office) which I will post once it is scrubbed of any sensitive, HIPPA or other confidential information which cannot be released.
I've read all 58 pages.
It reads like the manifesto of an angry, scorned former employee short on facts and long on allegations and requests for data--which is probably why the Federal Government took a "hard pass" on joining this suit. I'm sure the former medical director and her Miami and Pennsylvania lawyers were hoping the Feds would join--but they didn't. Which may be telling. Language like this, below, directly from the complaint--sounds a lot like a "fishing expedition"...
"With respect to allegations made upon information and belief, Relator has, based upon Relator's knowledge, data, and prior experience, a reasoned factual basis to make the allegations herein but lacks complete details of them. While Relator has significant evidence of the fraud alleged herein (the details of which follow), much of the documentary evidence necessary to prove these allegations is in the possession of Defendant.."
Meanwhile-the staff that remains in billing and EMS will have a Herculean "Data call" coming: They will have to compile the billing and call coding information from different billing systems over a long period of time where multiple personnel have come and gone over the timeframe indicated (2014-2020). Multiple EMS and Public safety employees, multiple budget directors, multiple EMS and public safety directors, three IT directors, and at least four current and former Interim and permanent County Administrators have been employed over this time.
When this was dropped on the legal office's lap just last week-- on January 18th-- by our Insurance-company assigned Law Firm--we were given only 9 days to answer this nearly 60 page complaint--even though our "insurance company assigned attorneys" knew about this complaint since November. so there are issues with that, too, that I'll get to in some additional, follow-on posts.....meanwhile, we have subsequently received an extension which will allow us until February 10th to file a response. But as it pertains to the allegations, this post will be about that.
In a nutshell, the former Medical Director has teamed up with a couple of Lawyers to accuse the county of systimatically, purposely and illegally over-billing the government for EMS transportation services provided in our county over nearly a seven year period. In addition to that, they are claiming the county billed for ALS services while only providing BLS services. They also claim some of the personnel were allegedly not certified properly for the reimbursements requested. The allegations are all listed one by one after a narrative that names a lot of names and lists a lot of serious allegations these individuals are alleged to have engaged in during the course of their employment with the county. (Interesting that most of the individuals named are no longer employed by the county, and the "sinister allegations" made in this complaint do not mention the fact that the lion's share of these employees have now moved on with their respective careers elsewhere after disproving or settling the allegations of this former medical director hurled at them. I do not believe any of these individuals named in her complaint has been adjudicated guilty of her allegations. Most of these allegations and charges have been dropped and settlement agreements made allowing these former employees to all to continue their careers in public safety).
The most interesting thing about this suit is that if successful, the plaintiff (former medical director) and her lawyers can collect a portion of the fees owed to the government--which could amount to a lot of money if every allegation is proven--because Qui Tam complaints, I'm told, allow folks to sue on behalf of the government. If successful, a finding can be made forcing a party (in this case the county) to repay the government and the complainant. Looks to me like someone is looking for a payday! Ka- Ching!!
Interesting to me is the fact that she, the former medical director, was essentially in charge of this department for a multi-year period---and among all the drama, requests for training, requests for other things, bigger budgets, "we must have Rescue 1" etc. and even more drama-rama complaining--I don't recall this medical director once, not once, letting the board know she saw a problem with the billing/coding. Not once. She came to meetings, she complained about everything EXCEPT anything having to do with the billing. So she was in charge, never mentioned this as an issue, and is now suing for this issue? Why is that, I wonder?
Too many questions.....
Much more to come on this in the days, weeks, and months to come.
Initially, I'm told at least one employee intimately familiar with the coding and billing issue has stated unequivocally that the allegations are untrue and that coding was/is always done conservatively--meaning the lower cost transport was the default billing unless it is/was known that the call was an acute call which bills at about $100 more than the rate for a routine transport. But the county's staff will have to compile reams of data in order for a defense to be constructed and prior to a cogent response being drafted to this wide-ranging complaint. Staff will have their work cut out for them over the next three week which will go by quickly.....
From the complaint:
"1.
Plaintiff-Relator Dr. Edler brings
this False Claims
Act Complaint on behalf
of the United States, and on
her own behalf. 31 U.S.C. §§ 3730 et seq.
2.
Medicare and other government programs pay for certain
necessary and reasonable medical
services, but services are not
reasonable when they are performed by uncertified and unqualified personnel. Escambia County knowingly filed
claims for medical services performed by
uncertified and unqualified personnel.
3.
Further, Escambia knowingly filed
claims for emergency transportation when it provided
non-emergency transportation, and it filed claims for advanced life support when if provided basic life. These up-codes are false claims."
The infamous "Napkin Man" has struck again, sending me the below screed lionizing soon to be former county commissioner doug underhill. Interesting what he, napkin man, thinks is a victory--he (napkin man) obviously must not know that currently the soon to be former commissioner is #1.) under threat of removal by the governor any day now, #2.) is defending multiple lawsuits simultaneously ( including one in his state case where he (underhill) was ordered to provide discovery within one week and also to pay all court costs associated with his rejected motion for continuance), #3.) is accruing tens of thousands in ethics fine penalties and legal fees associated with appealing the recent decsion where the non-partisan Florida Commission on Ethics recommended a $35,000.00 fine and his (underhill's) removal from office, and #4.) sweating out also what could be an forthcoming indictment for perjury according to some familiar with the lies he told under oath during a deposition. Whew--that's a mouthful--but like Vince from Shamwow used to say "But wait, there's more!" In addition to living in what could be described as a human-sized crucible/pressure cooker turned up to full blast--he also is coming to grips with reality of loss over his epic failures one after another as a commissioner which led to him not bothering to run again--a good decision for him to make. All of this following his (underhill's) devastatingly lackluster--actually failed-- legacy as a commissioner where he lost all working ability with his peers, lost all his committee assignments, lost most of his district in the latest re-districting, and lost all ability to be effective. No wonder he decided to blow off so many meetings and leave an empty chair on the dais to represent his constituents? And to further solidify his legacy of failure--he ran not one but two opponents against another sitting commissioner in 2016 and 2020 where both of those candidates failed in epic fashion--in large part due to his (underhill's) lack of any coattails whatsoever for them to ride. He actually hurt both of those candidates' chances, LOL. Now, as he leaves the commission wounded and with a whimper limping out the door, with no fanfare or sendoff whatsoever for his 8 years of failure, after libeling and slandering his peers on the board, family members of some members of the board (including me, my brother and my wife), average ordinary citizens and even former and current employees of the county--after all of these machinations he, underhill, (Like Charlie Crist, apparently) even switches party allegiance by supporting a Democrat in the D4 election for the county commissioner!!! Wow, what a desperado--switching party allegiance after all that failure, an avalanch of failure, in a desperate attempt at renewed relevance. But then the failure continues: He chose, unwisely, to publicly support the Democrat over a Republican and he RAILED against the county's very wise EDATE ballot initiative in last night's election. He even got about a dozen minions on one chat site to support him in this. Unsuprisingly given his 0 batting average, non-existent ability to lead, and utter and total legacy of defeat---his (underhill's) advocacy held no weight whatsoever---Robert Bender beat doug underhill's girl #MyraVanWho? by a healthy double digit smackdown, and the county's EDATE sailed to victory by nearly a 10-point margin. Beat down central. Ugly beat down of the sort that you see at some football games.
So I say all that to say--I don't know what weird metaverse reality in which "napkin-man" resides--and I don't know what he considers a brilliant victory--but he (napkin man) is either delusional, off his meds, or hallucinating and very badly mistaken if he somehow thinks underhill was a victor in any way whatsoever. As Private Hudson stated bluntly in Aliens and might point out to "napkin man" "I don't know if you are keeping up with current events pal--but he just got his A$$ kicked in there!
"Napkin -man must also think Monty Python's flesh wound = a victory.
Napkin man is a strange bird......I hope he keeps sending me his thoughts. They are amusing. I wonder if napkin man's real fake identity is Tallman?
"Commissioner
Bergosh:
Attached please find Jana Still’s deposition transcript. There does not appear to be any applicable exemptions. However, this transcript also contains testimony regarding the xxxxxxxxxxxxx and the resulting xxxxxxxxxxxxxxxxxxxxxxx.
Thank you,
Assistant
County Attorney"
Read the transcripts here, here, and here...
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| In a horror picture, sometimes you never really fully dispatch the monster. They just keep coming back. Some issues we deal with (Issues, not people) are eerily reminiscent of this trope... |
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| With respect to taxpayers funding legal defense for a commissioner's impending lawsuit, citizens are saying "talk to the hand" about that plan.... |
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| Citizens are emailing and saying "no way" to taxpayer funded legal expenses for a commissioner being sued for libel... |
