[Blindtlk] justice served, blind lawyer convicted

[Ray Foret jr]

While I was watching "Eye Witness News" on Channel 4 last night, they said 
that Barry Scheur was convicted of all charges against him.  Can you believe 
that Barry Scheur had the unmitigated Gaul to try to claim that, because he 
is blind, he can't read or understand financial documents?  I'm glad the 
judge didn't buy that.  What I didn't tell you until now was this.  Barry 
Scheur and my famly's paths crossed because we were at one time under his 
so-called coverage; under what was then known as "The Oath Of Louisiana".  . 
Would you believe it, he claimed that because of his blindness, he had a 
unique understanding of the health issues which his customers (now victims) 
faced.  Then, one day, we got a letter from him indicating that because of 
financial hardship, he was forced to sell the company to some other firm. 
Justice has indeed been served.

Here are the stories I found about this.

Blind Lawyer Ruled Competent to Stand Trial in Fraud Case

Leigh Jones
The National Law Journal
May 1, 2008 

A federal judge in Louisiana has ruled that Barry Scheur, a managed care executive who is an attorney and is blind, is competent to stand trial in the government's
case that alleges fraud and conspiracy in the management of a now-defunct health insurer. 

Scheur, a Yale Law School graduate and former partner at LeBoeuf, Lamb, Leiby & MacRae, along with two other former executives are charged with unlawfully
paying themselves $6.1 million and misleading the Louisiana Department of Insurance into believing that the insurer, The Oath for Louisiana, was operating
in the black. 

Scheur's attorney, James A. Brown, a partner with Liskow & Lewis in New Orleans, had argued that Scheur was unable to read and comprehend the financial
statements that are the heart of the government's case. 

"He has been totally blind since birth," Brown said. "He is not in a position to assimilate these financial statements." U.S. District Judge Eldon Fallon,
in the Eastern District of Louisiana was not persuaded. "Scheur began his career by working for several law firms before accepting an in-house counsel
position with a healthcare organization," the judge wrote. "Indeed, Scheur has touted himself as a 'managed care iconoclast.'" The judge determined that
Scheur can use his hand-held Braille computer at trial and can use Braille documents during the course of his testimony. 

The trial is scheduled to begin April 28. 

Former HMO official pleads guilty to mail fraud
by Susan Finch, Staff writer, The Times-Picayune 
Thursday May 01, 2008, 5:33 PM

A former official of The Oath for Louisiana, a health maintenance organization shut down by the state six years ago, has pleaded guilty to conspiring to
give insurance regulators financial reports that falsely said the company had enough money to pay the medical bills of its 80,000 subscribers. 

Rodney Moyer, the HMO's executive vice president, admitted guilt Friday under an agreement with prosecutors that could require him to testify next week
against three other Oath officials named with Moyer in an April indictment. They are accused of using the mails and bank wire transfers over more than
two years to mislead state insurance officials about The Oath's financial health. 

Trial began Monday before U.S. District Judge Eldon Fallon for Oath owner Barry Scheur, a Massachusetts health care consultant whose Scheur Management Group
was paid $200,0000 to $350,000 a month to manage the HMO; Scheur Management consultant Robert McMillan, who served as the Oath's chief financial officer,
and Scheur Management comptroller Danette Bruno. 

Scheur came to Louisiana in mid-1999 after being hired to straighten out the financially-troubled Southeast Medical Alliance health plan, an HMO owned by
five New Orleans area hospitals. Instead, he persuaded the state Department of Insurance to let him take over the health plan, taking control of it in
January 2000. 

According to federal prosecutors, by September 2000 when The Oath was struggling financially, Moyer, Scheur and McMillan feared the business wouldn't be
able to meet its legally-required net worth of $3 million, so they kept the business afloat by including artificially inflated and nonexistent accounts
receivable in a report mailed to the state in November 2000, prosecutors said. 

The government contends at a time when the HMO was not meeting the $3 million net worth requirement, the defendants illegally enriched themselves by continuing
to collect premiums from individuals and groups insured by The Oath, and by having the HMO pay management fees to Scheur's firm. 

By the time The Oath was put into receivership in April 2002, the HMO's liabilities exceeded its assets by about $45 million -- the amount of money that
The Oath owed medical service providers, according to court records. 

Susan Finch can be reached at sfinch at timespicayune.com or (504) 826-3340. 

Top execs at former HMO convicted 
04:47 PM CDT on Monday, May 12, 2008

WWLTV.com 

The top executives at the now-defunct The Oath for Louisiana HMO were convicted Monday in U.S. District Court of conspiracy, wire fraud and mail fraud charges,
according to U.S. Attorney Jim Letten. 

According to Letten, Barry S. Scheur, the owner, president and CEO, and Robert McMillan, the Chief Financial Officer, were convicted on several charges
related to the company's operations. 

A third defendant, Danette Bruno was acquitted. 

Scheur was convicted on one count of conspiracy to commit mail fraud and wire fraud, three counts of mail fraud and four counts of wire fraud. McMillan
was convicted of one count of conspiracy to commit mail and wire fraud, one count of mail fraud and one count of wire fraud. 

The defendants face the possibility of five years in prison, a $250,000 fine and three years supervised release on each charge. Sentencing is scheduled
for August 13. 



Sincerely,
The Constantly BAREFOOTED Ray
Phone:
985-360-3375
e-mail:
rforetjratcomcastdotnet
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barefootedray