Eastern District of California Blog

Ninth Circuit permits inmates' FTCA claims over "Valley Fever" at Taft Prison

In Edison v. United States, No. 14-15472, the Ninth Circuit today reversed the EDCA court's dismissal of plaintiff's Federal Tort Claims Act (FTCA) action brought by two federal inmates who contracted "Valley Fever" at Taft Correctional Institution, a privately run federal prison.  The Court held that the independent contractor exception to the FTCA did not bar plaintiffs' claims.

Former Fresno County administrator indicted for embezzlement

Christina Hernandez, a former Fresno County worker in the Department of Behavioral Health, pleaded not guilty Tuesday to an 11-count indictment charging her with health care fraud and embezzlement from a health-care benefits program, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Hernandez, 39, now a resident of Las Vegas, was a provider relations specialist at the Fresno County Department of Behavioral Health, which is responsible for administering mental health services to Fresno County’s Medi-Cal beneficiaries. Hernandez was responsible for reviewing and approving claim forms from private mental health care providers who provided services to Medi-Cal beneficiaries.

 

The indictment alleges that Hernandez submitted claim forms for medical services that were never provided and that she subsequently cashed the reimbursement checks for her own benefit. The indictment also alleges that Hernandez stole reimbursement checks that the county issued to doctors for actual medical services provided. In total, it is alleged that Hernandez stole approximately $98,560 from the county department.

Fresno Bee, 5/17/16

 

Read more here: http://www.fresnobee.com/news/local/crime/article78096097.html#storylink=cpy

 

Rocklin man sues NCAA over college concussions

A Sacramento native has joined the heated legal fray over concussions suffered by college football players.

Ronald W. Hermann II played football for Christian Brothers High School and Sacramento City College before going on to play defensive end at Georgia in 1984 and 1985.

Hermann, 53, who resides in Rocklin, is the plaintiff in a lawsuit filed Tuesday in Sacramento federal court alleging that he “was subjected to repeated head impacts and TBIs (long-term brain injuries) in practices and games, and suffered numerous concussions each year as a result.”

Sacramento Bee, 5/19/16

Read more here: http://www.sacbee.com/news/local/crime/article78754742.html#storylink=cpy

Read more here: http://www.sacbee.com/news/local/crime/article78754742.html#storylink=cpy

 

Operation Popcorn: Documentary on the EDCA Harrison Jack case premieres Tuesday on PBS

David Grabias' documentary on the EDCA Harrison Jack case will premiere on PBS on Tuesday, May 17, as part of America Reframed, a documentary series hosted by Natasha Del Toro.  (UPDATE:  In Sacramento, it's on from 9 p.m to 10:30 p.m. on KVIEDT World (broadcast TV channel 6.3; Comcast channel 388).  Starting May 18, it will also be available to stream for free for 14 days at this link.

The 81-minute film focuses on defendant Lo Cha Thao and includes clips of interviews with Thao and his attorney, Mark Reichel.  The trailer can be viewed here.  Charges were ultimately dismissed against all defendants.

All my blog posts on the case are here.  I was one of the attorneys on the General Vang Pao defense team.

Sentencing for mentally ill Islamic State wannabe set for June 7

Summarizing the parties' Sentencing Memoranda, the Sacramento Bee reports that the government seeks a 9-year sentence and the defense requests 33 months for Nicholas Teausant, the mentally ill, Islamic State wannabe from Lodi.  Sentencing is June 7 before Judge Mendez.

Rep. Ami Bera's father pleads guilty to election fraud

The father of Rep. Ami Bera, D-Elk Grove, pleaded guilty Tuesday in Sacramento federal court to two felony counts of election fraud involving the finances of his son’s campaign committee.

Babulal Bera admitted to U.S. District Judge Troy L. Nunley that during his son’s 2010 and 2012 campaigns for Congress he recruited friends, family members and acquaintances to make contributions to the committee and reimbursed them with his own money.

 

A plea agreement says $268,726 was contributed by the straw donors during the two campaigns. All but $5,326 coming directly or indirectly from Babulal Bera was given back to the donors.

 * * *

Talbert said that the investigation is ongoing but repeatedly noted that in the nearly 18 months of the probe no evidence was turned up “indicating that Congressman Bera nor any of his staff” were aware of Babulal Bera’s illegal shuffling of campaign contributions.

Sacramento Bee, 5/10/16

Read more here: http://www.sacbee.com/news/politics-government/capitol-alert/article76780417.html#storylink=cpy

Read more here: http://www.sacbee.com/news/politics-government/capitol-alert/article76780417.html#storylink=cpy

 

Fresno Magistrate Judge Duty Calendar Time Change

The Magistrate Judge criminal duty calendar at the Fresno courthouse will change its time from 1:30 p.m. to 2:00 p.m. starting June 1, 2016.

Ben Wagner Reflects on Tenure as EDCA U.S. Attorney

Outgoing EDCA U.S. Attorney Ben Wanger reflects on his tenure in Denny Walsh's piece here.

Also sad to report the passing of former ATF agent Frank Wandell, who died April 30th at the age of 76.  I remember him fondly from a few cases we handled together.

Phil Angelides and Ben Wagner Spar over Feds' Goldman Sachs Settlement

In the Sacramento Bee's Forum, Former California State Treasurer Phil Angelides, "No consequences, no justice in Goldman Sachs settlement," and then-EDCA US Attorney Ben Wagner, "Goldman Sachs settlement a significant step," spar over the federal government's Goldman Sachs settlement.

 

Fresno Bee on Federal Prosecution of Dog Pound Gang

The Fresno Bee spotlights the federal prosecution against alleged members of Fresno's Dog Pound Gang.  The piece includes the entire 256 page criminal complaint at the end of the article.