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Latest from Quarles & Brady LLP

On March 11, 2019, the President delivered his proposed 2020 budget to Congress. While a President’s budget proposal is the beginning of a lengthy budget process, this proposed budget nonetheless keeps the 340B Program in the national focus and delineates the President’s position on desired 340B Program changes.…
CVS Caremark has decided not to implement reimbursement reductions which may have had adverse effects on Covered Entities and their retail pharmacies (including contract pharmacies). This decision, coupled with the recent court decision invalidating certain aspects of the proposed Medicare Part B payment reductions for 340B drugs,[1] provides some positive news for these Covered Entities after years of uncertainty over the future of the 340B Program.…
The big game is over and we find ourselves hunkering down for the remaining weeks of winter. We could all use an island vacation or, in the alternative, some light reading material to distract ourselves from the cold outside the walls of our homes and offices. We have you covered (for the light reading, not the Caribbean trip), and over the coming weeks we will be sharing a series summarizing recent legal decisions in the…
It’s been a roller coaster two years for the 340B Program, and we are now back to review some of the major developments and program changes during this time. On the highest level, despite a flurry of proposed legislative action, the 340B Program remains largely unchanged from where it stood prior to 2017. As covered in more detail below, the notable exception to this is the significant Medicare Part B reimbursement reductions for certain categories…
A federal appeals court has ordered that a receiver can recover referral fees paid to a Ponzi scheme investor who referred friends and family to the scheme because those referral services did not provide value to the scheme.  The U.S. Court of Appeals for the Ninth Circuit issued a decision in Hoffman v. Markowitz affirming the district court’s previous award of partial summary judgment in favor of the court-appointed receiver over Nationwide Automated Systems, Inc. (NASI). …
Three Florida Keys residents were arrested by state authorities and accused of running a Ponzi scheme that duped investors out of at least $7 million.  Jose Luis Leon, 56, Richard Renner, 56, and Natalie Marie Rogers, 53, were arrested earlier this month on charges of racketeering, conspiracy to commit racketeering, securities fraud, organized fraud, and 1st degree grand theft.  The trio could face significant prison time if convicted of all charges, as the racketeering charges…
Allen Stanford’s Mug ShotOften in the aftermath of a Ponzi scheme once the dust has settled and a Receiver or Trustee has taken stock of the remnants of what was once touted as a guaranteed and safe investment opportunity, the focus shifts to what assets could potentially be recovered for the benefit of defrauded victims.  One of the most common recovery mechanisms is to attempt to “clawback” any amounts transferred to investors in excess of…
“The longer you’re incarcerated, the longer the victims go without any money…Restitution comes first.”  – Ingham County Judge Rosemarie Aquilina A Michigan judge drastically reduced the sentences of twin brothers convicted of operating a multi-million dollar real estate Ponzi scheme, reasoning that their ability to pay restitution to defrauded victims weighed in favor of a reduced prison sentence.  James and Thomas Mulholland had their 10-to-20 year prison sentence reduced to 3.75-to-20 years by Ingham County Circuit…
Investors defrauded by a Charlotte businessman’s suspected $50 million Ponzi scheme may ultimately recoup most or all of their losses in a proposed settlement due to the accused schemer’s decision to purchase tens of millions of dollars in life insurance policies.  Richard Siskey is alleged to have committed one of the largest investment frauds in Charlotte’s history and committed suicide in December 2016 just before the unsealing of an FBI affidavit accusing him of operating…
“Have your dad take my golf clubs…Hide cash or checks … drink good wine in sub zero’s, replace with sh– wine in basement…F— them. They have taken enough! Get stuff out…” – Letter allegedly written by Kevin Merrill and intercepted by prison guards Facing an asset freeze and stuck behind bars pending trial on charges he masterminded a $354 million Ponzi scheme, a Maryland man’s attempt to surreptitiously slip his wife a note urging her…