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| | Aspen Medical Case Still Arguing Over Receivership In Orange County Superior Court. But Trial Setting Conference Now Set For December 11th 2015.
By Lonce LaMon - August 25, 2015
Last Friday, August 21st 2015, in the afternoon in courtroom C-30 in Orange County Superior Court, Aspen Medical Resources and all the other companies the defendants—Jeffrey Campau, Landon Mirallegro, Abraham Khorshad, and Ryan McCracken—use in their operations, met for further court proceedings. They are approaching trial in their criminal case for egregious overbilling for DME to workers’ compensation payers.
They have 15 company names they use: a handful of which are National DME, Abrexis LLC, Atlas Collections, Elite Diagnostics, and of course Aspen Medical Resources.
All the players appeared for court: Jeffrey Campau in a fine blue suit who sat down in the seats along the wall nearest to the door, with Ryan McCracken in the same area in a brown jacket; along with Landon Mirallegro, and Abraham Khorshad in a grey pin-striped suit.
The lawyers were there: for the prosecution Shaddi Kamiabipour in a striking purple outfit along with Debbie Jackson in all black with her needle-nose-toed black high heels. Kay Rackauckas was there, as slender as ever in her grey suit as Landon Mirallegro’s counsel, along with Paul Meyer for Jeffrey Campau, Benjamin Gluck representing Abraham Khorshad, and David Swanson for Ryan McCracken.
Judge John Conley came out from his chambers just after 1:30 pm without his robe on, and said, “I need an explanation of this new brief. Let’s go back in my chambers.” So, all the lawyers left the court room. They were in there a good half-an-hour.
When all the lawyers emerged from chambers, and court was called to session, the judge said they had had a lengthy discussion regarding the liquidable assets. Since November of 2013, Aspen Medical Resources and all its sister-brother companies have been under the control of a receiver. The defense is arguing that they want the receivership ended because there exist enough assets in real estate properties to cover all the potential restitution to the insurance carriers and the self-insureds. But the prosecution is arguing that the real estate in not a reliably liquidable asset which could readily satisfy the victims for restitution, being that real property is an asset form with limited liquidity relative to other investments. It is also capital intensive and is highly cash flow dependent. These factors can make real estate a risky investment. Plus, they have sundry other arguments.
Debbie Jackson, DDA, asked for the next court session to be September 18th. The judge set the time for 1:30 pm that day but then the prosecutors requested the proceedings begin at 9 am. The judge accommodated.
Judge Conley stated there are multiple exhibits and also that technically Abraham Khorshad has 995 motions and demurrers. Khorshad’s counsel, Benjamin Gluck, replied that those 995s and demurrers are “serving as a placeholder.” Gluck continued that he has them in place pending the response from the Appeals Court in the Landmark Medical case.
The trial setting conference got set for December 11th 2015. The court stated that that date is zero from the 60 days that the defendants have the right to have their trial within that time frame. The judge asked each defendant if he waived his right to have his trial within that time frame, and each one conceded by answering that he waived his right.
lonce@adjustercom.com; Lonce LaMon, journalist; copyright Lonce LaMon and adjustercom, all rights reserved.
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