Showing posts with label Against. Show all posts
Showing posts with label Against. Show all posts

Wednesday, June 6, 2012

Redistricting pits Congressmen against each other

See it on TV? Check here.AP  Eyewitness NewsTRENTON -- New Jersey's marque primary race has engaged President Barack Obama and former President Bill Clinton - on opposite sides.

Obama lent a campaign hand to Rep. Steve Rothman. Clinton is siding with Rep. Bill Pascrell.

The two Democratic congressmen expect a close race Tuesday in the fight to represent the newly drawn 9th District in Bergen, Hudson and Passaic counties.

The Democrats are locked in a rare incumbent vs. incumbent campaign because legislative districts were reconfigured this year and New Jersey is losing a seat.

The 59-year-old Rothman and the 75-year-old Pascrell have each served in Congress since 1997.

Voters in Essex, Hudson and Union counties will decide whether to send Newark City Council President Donald Payne Jr. to Washington to assume his late father's open seat. Fellow Newark Councilman Ron Rice, state Sen. Nia Gill and three others are also vying for the seat.

The winners in both House races are almost guaranteed November victories in the solidly Democratic districts.

Presidential primaries are also on the ballot, but the outcome isn't in dispute.

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Tuesday, May 22, 2012

Romney uses Cory Booker gaffe against Obama

AP  STEVE PEOPLESNEWARK -- The core of his presidential candidacy under attack, Mitt Romney has yet to shape a playbook to defend a quarter-century in the business world that created great riches for himself and great hardship, at times, for some American workers.

Romney and his aides have struggled to respond consistently to intensifying criticism about his tenure at Bain Capital and how it would be reflected in his presidency. The lack of a cohesive message stems, in part, from Romney's fundamental belief that any debate that puts the economy front and center is a win for Republicans. Public polling shows most Americans are not satisfied with the pace of the recovery under Obama's watch.

The election, Romney aides say, will be a referendum on Obama's economic leadership far more than a question of Romney's business career, regardless of how much Democrats highlight that issue.

So far, Romney aides have let Democrats - led by President Barack Obama - do most of the talking.

Obama sharply attacked Romney's background as a venture capitalist on Monday, offering his most expansive comments to date about how Romney's role as founder of the Boston-based private equity firm doesn't necessarily translate to the White House.

"If your main argument for how to grow the economy is 'I knew how to make a lot of money for investors,' then you're missing what this job is about," Obama said during a news conference at an international summit in Chicago. "It doesn't mean you weren't good at private equity, but that's not what my job is as president. My job is to take into account everybody, not just some. My job is to make sure that the country is growing not just now, but 10 years from now and 20 years from now."

He added: "This is not a distraction. This is what this campaign is going to be about - is what is a strategy for us to move this country forward in a way where everybody can succeed?"

Romney did not respond personally to the broadside. Instead, his campaign issued a written statement as he courted donors on Wall Street in the midst of a three-day fundraising tour. In the statement, Romney said Obama was once again attacking the free enterprise system.

"What this election is about is the 23 million Americans who are still struggling to find work and the millions who have lost their homes and have fallen into poverty," he said. "President Obama refuses to accept moral responsibility for his failed policies. My campaign is offering a positive agenda to help America get back to work."

The Romney campaign has offered several defenses since Obama's re-election team launched an all-out assault against Bain: It's a simple distraction, an affront to free markets, an attempt to divide the nation, a misreading of the firm's success. The Romney campaign released a Web video last week featuring workers from an Indiana company that benefited from Bain's involvement.

However, Romney himself has generally avoided the issue as he spends most of his time privately raising money. He ignored Obama's criticism during a $2,500-a-plate reception at the Waldorf-Astoria hotel.

"I understand the economy because I've lived in it," he said. "And by the way, I've been successful, but I've also lost. There's sometimes I failed. I probably learned more from failures than from the successes. But I know how this economy works."

Romney's relative silence was made possible, in part, by a gaffe by Newark, N.J., Mayor Cory Booker, an Obama supporter who on Sunday called exchanges by the campaigns over Bain "nauseating" and a distraction from issues that interest voters. He walked back his comments after they dominated the campaign news for a day.

Obama is running television ads across five swing states featuring a former worker who likens the firm Romney founded to a vampire. The president's re-election campaign has also released Web videos and hosted multiple conference calls with employees from companies that suffered under Bain's leadership.

Romney senior aide Stuart Stevens described the television ad as "performance art gibberish."

"Shouting louder and getting more angry is not very persuasive," Stevens said in response to the line of attack. "The idea that people are walking around with less of a paycheck or higher gas prices because of something Bain Capital did 20 years ago is absurd."

Romney faced similar criticism from former House Speaker Newt Gingrich during the Republican primary. Gingrich accused Romney of "looting a company" and suggested that he return money earned "from bankrupting companies and laying off employees over his years at Bain."

The argument helped fuel Gingrich's surprise victory in South Carolina. Democrats are betting big that it will help Obama win over working-class voters in November, citing polling that suggests Romney would struggle with lower-income voters. But exit polling from the GOP primary shows Romney won such voters about half of the time.

In a rare recent interview on Bain, Romney told a conservative radio host last week that the closure of a Florida factory under Bain's control was not his problem. "The steel factory closed down two years after I left Bain Capital. I was no longer there. So that's hardly something which is on my watch," he said.

The Obama campaign has pointed out, however, that Romney continued to profit from Bain's investments years after he left.

Romney also opened himself to new criticism by resurrecting a controversy over the number of jobs he created at Bain. In the radio interview, he jabbed the Obama campaign for failing to mention that Bain created "over 100,000 jobs." He has struggled for months to back up the jobs claim.

Bain offered this statement Monday responding to Democratic criticism: "Despite political attacks that emphasize the few companies that have struggled, the facts are that during Bain Capital's ownership, revenues grew in 80 percent of the more than 350 companies in which we have invested."

The former Massachusetts governor co-founded Bain in the early 1980s, but he left in 1999 to run the Salt Lake City Winter Olympics and pursue a political career. He has lived off his investments and retirement package ever since.

His net worth is now as much as $250 million, which would make him among the wealthiest presidents ever elected.

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AP Deputy Director of Polling Jennifer Agiesta contributed to this report.

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Sunday, May 13, 2012

No charges filed against cops in fatal police shooting

AP  Eyewitness NewsNEW BRUNSWICK -- Outraged family members met with a New Jersey prosecutor Friday after a grand jury declined to file charges in a fatal police shooting in New Brunswick.

Middlesex County Prosecutor Bruce Kaplan announced Thursday the panel decided not to indict police officers Brad Berdel and Daniel Mazan in the shooting death of 46-year-old Barry Deloatch.

Prosecutors say Deloatch ran off Sept. 22, 2011, after the officers approached him and two other men. A subsequent chase ended with Berdel shooting Deloatch.

Officials say Deloatch threatened the officers with a board. The family says he was unarmed.

Deloatch's sons say they're devastated.

Kaplan says the grand jury met for 11 consecutive weeks, heard 57 witnesses, and reviewed 280 exhibits.

Kaplan says the case will undergo an administrative review by the police department.

A lawyer for the family says Kaplan hasn't assured them that steps have been taken to prevent similar incidents.

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Wednesday, May 25, 2011

How New Jersey Health Care Fraud Law Works Against Medical Practitioners


Q. Are Health Care Fraud Crimes prosecuted in New Jersey as regular theft crimes?

They may be, New Jersey law now has a set of statutes specifically aimed at health care claims fraud. The idea is that these crimes have a broader scope and carry much more severe penalties than regular theft crimes. Also, the threshold of prove is significantly lower, so prosecutors have much easier time proving their cases. As of now, New Jersey health care fraud is a crime in the second degree that carries up to 10 years imprisonment along with hefty fines. In addition, of course, one may be charged and indicted with any other fraud and theft offense besides the health care fraud charge.

Q. Who is the "medical care practitioner" that may be charged with New Jersey health care fraud?

According to N.J.S.A. 2C:21-4.2, "practitioner" is anyone licensed in New Jersey or any other jurisdiction to practice medicine and surgery, chiropractic, podiatry, dentistry, optometry, psychology, pharmacy, nursing, physical therapy, or law; and any other person licensed, registered or certified by any State agency to practice a profession or occupation in the State of New Jersey.

Q. What exactly is "health care fraud" in New Jersey?

N.J.S.A. 2C:21-4.2. defines "health care claims fraud" as making, or causing to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omitting a material fact from, or causing a material fact to be omitted from, any record, bill, claim or other document, in writing, electronically or in any other form, that a person attempts to submit, submits, causes to be submitted, or attempts to cause to be submitted for payment or reimbursement for health care services.

Q. May New Jersey Health Care Fraud be Inferred?

Yes. As a matter of fact, the statute entitles court to infer in certain cases that medical practitioner committed fraud. That normally has to do with making false statements or submitting fraudulent claims. Signing a fraudulent bill or claim alone may serve a proof.

Q. Does it Matter How Much Money is Stolen?

It doesn't matter. No matter what the amount of the claim or benefit is, unless when it is de minimis, New Jersey health care fraud is a second degree crime.

Q. What Should the State prove to obtain conviction?

To convict a defendant in a New Jersey health care fraud case, prosecutors must prove:

1. That the defendant was a practitioner;

2. That the defendant made false, fraudulent, or misleading statement of material fact in, or omitted a material fact from any record, bill, claim or other document, in writing, electronically or in any other from;

3. That the defendant attempted to submit, submitted, caused to be submitted, or attempted to cause to be submitted the record, bill or claim for payment or reimbursement for health care services;

4. That the defendant acted knowingly.

Q. What are financial consequences of a conviction on a defendant?

If convicted, the practitioner may be ordered to pay a fine of up to five times the financial benefit obtained or sought to be obtained. That, of course, doesn't count prison time.

Q. What if the practitioner committed Health Care Claims Fraud without knowledge?

According to N.J.S.A. 2C:21-4.3(b), if the practitioner recklessly commits the health care crime without actual knowledge, he or may be guilty of a third-degree crime. The question is what is considered "recklessly". The statute defines that as "conscious disregard of a substantial and unjustifiable risk that the material element exists or will result from his or her conduct." The state must prove that the risk was such a that the practitioner's disregard of it was a gross deviation from the standard of conduct that a reasonable person would observe in the defendant's situation.








If you are a New Jersey medical practitioner accused of health care fraud, please visit our website at http://www.jpcriminaldefense.com to find out more about New Jersey fraud charges, defenses, and how our criminal lawyers can help you.

Joseph Potashnik is a criminal lawyer in New Jersey and New York City. He represents people accused of state and federal offenses, including white-collar and fraud crime, drugs and weapons crimes, and computer crimes. He also defends professionals such as physicians and teachers facing professional discipline. Please visit Mr. Potashnik's websites at http://www.jpcriminaldefense.com and http://www.jpdefense.com