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Landmark Medical Case Now Moving Forward As Nine Separate Complaints In Orange County Superior Court
By Lonce LaMon - July 21, 2016

Kareem Ahmed was seated there chewing gum near the door in the front row of the far back section of Court Room C-55 in the Orange County Superior Courthouse in Santa Ana.  It was Tuesday morning, July 19th 2016.  There are only two rows of seats along that far back section flush against the back wall.

He was wearing a beige suit with a white shirt striped with light pastels.   He never wears a tie.

Kareem Ahmed is the CEO of Landmark Medical Management.  He appears to be Indian, but also has an aura of being Middle-Eastern.  He is accused of an excess of 150 million dollars in workers’ compensation fraud.   His favorite scam—the prescribing of compound pain creams to workers’ compensation patients before SB 863 slammed shut that loop hole that previously didn’t demand any limit on charges for compounds.   He paid kick-backs to numerous doctors and chiropractors for prescribing his creams.

And up until the most recent complaint was filed against him and three other defendants within the same complaint on May 20th 2016, he was still trying to collect on liens filed with the WCAB without divulging he had paid kick-backs to physicians.   In spite of a court order issued by a WCAB judge demanding to know the particulars of the prescriptions, Ahmed’s lackeys—including Norma Garner—continued to attempt to collect as they played oblivious to the court order.


Kareem Ahmed, shown on left, walks back to his seat during court proceedings during the indictment phase of this case on September 12, 2014.  His attorney, Benjamin Gluck, is talking to attorney James Spertus in the background.  Photo copyright Lonce LaMon; all rights reserved. 

Benjamin Gluck, Ahmed’s defense counsel, was in the court room leading the pack, as usual, in a blue suit on Tuesday.  There are eight other complaints filed against M.D.s, chiropractors, and one pharmacist whom the prosecution alleges conspired with Kareem Ahmed.   Gluck wants them all related and handled by one judge in a long-cause case for all pre-trial motions and discovery proceedings. In fact, he wants the case assigned back to the Honorable Thomas Goethals, who handled this case as two indictments which were virtually blown away by a writ of mandate filed by none other than Gluck himself.   

The writ overturned a ruling by Judge Goethals denying the defense’s demurrers to set aside numerous counts.  But what remained after the writ was granted on March 10th 2016, were four counts, out of 44 counts between the two indictments.   The prosecution then dismissed three out of the four counts, refiled on the three counts with complaints, and left one count remaining against Bruce Curnick, who is Ahmed’s past marketing manager, in the “Charbonnet” indictment. 

Deputy District Attorney, Shaddi Kamiabipour, appeared in the court room in a turquoise print dress.    She filed nine complaints to make the case more manageable.  She wrote in response to this writer’s question of why nine counts, “Bottom line, I’m trying to get my case in front of a jury as soon as possible, so that the merits of the case can be litigated.  Breaking the defendants up makes this possible.”

Benjamin Gluck is brilliant at throwing up procedural road blocks.  He virtually won the writ of mandate against the indictments on March 10th 2016 with his challenge to form, and also procedure, and not on any challenges to the merits of the case.  In criminal cases, defendants have a right to speedy trials. According to Shaddi, “Typically the defendants are the ones who want individual trials because they feel prejudiced by being joined with other defendants.”

But it heavily appears that Gluck wants all the nine complaints joined together in order that all defense counsels can file joinders to his motions, ensure consistency with the privilege logs, and ensure efficiency with legal, factual, and case management issues, amongst sundry other things.

But he also wants to drag out this case as long as possible and make it a rainy day in hell before his case or any of his related cases get to trial.   He certainly knows these are not good cases before a jury.

Four juicy power motions Gluck plans for the near future, as spelled out in his Motion to “Deem Cases Related” filed July 5th 2016, include:

·         A motion to disqualify the prosecutorial team and/or the Orange County District Attorney’s Office on the basis of their intentional review of attorney-client privileged material belonging to Kareem Ahmed, Landmark Medical Management, Inc. and Landmark’s employees.

·         A motion to dismiss the complaints on the ground that the counts asserted in them are barred by the applicable statutes of limitation;

·         A motion to dismiss certain counts set forth in the newly-filed complaints on the basis of vindictive prosecution; and

·         Motions brought by Norma Garner and Jeffrey Gross to dismiss the complaints pursuant to Kastigar v. United States, 406 U.S. 441 (1972).

The judge in C-55 on Tuesday, who was a stand-in named Overholster, did not rule on Gluck’s “Deem Cases Related” Motion.   He vacated the motion and sent it back to be heard by the Honorable Thomas Goethals on July 29th 2016.

 Whether the cases all remain together and related, and within Judge Goethals court room, remains to be seen.

lonce@adjustercom.com

 
 

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