CALL TO ACTION FOR INJURED HEALTHCARE PROVIDERS
Class Action/International Lawsuit
Hundreds and thousands of doctors, pharmacists, physician assistants, and other good Healthcare Providers have fallen victim to Government Overreach and Abusive Fraudulent Practices. The US Government has and continues to perpetrate hideous and atrocious acts against Healthcare Providers, leading to physician-patient suicide deaths, mass incarcerations, and false imprisonment, employment of bankruptcy strategies, character assassinations, and crimes against humanity.
A Class action/International lawsuit is a particularly useful tool to help fraud victims get the full compensation available under the law. This allows a large number of people who have been targeted by the same, or similar fraudulent activities; to join together and pursue their legal rights and seek monetary, punitive, declaratory, and or injunctive settlement awards.
The Law Favors Class Action Lawsuit
Fraud involves using a lie, deception, falsehood, or dishonesty in an attempt to gain a benefit. Every state in the U.S. and the federal government has identified many types of fraud as criminal. The United States Justice Department, including the FBI, DOJ, DEA, USAO, and the Local and State Enforcement Agencies have engaged in unlawful misconduct against Healthcare Providers. Here is a list of frauds that may certify a Class Action/International Lawsuit in favor of the Healthcare Providers:
1. Fraudulent Misrepresentations 6. Investigative Fraud
2. Fraudulent Concealment 7. Brady Law Violations
3. Fraudulent Inducement 8. White Collar Fraud
4. Government Corruption 9. Healthcare Fraud
5. Bank Account Takeover Fraud 10. Stolen Tax Return Fraud
U.S. Department of State
The U.S. Department of State has made anti-corruption a national security priority and works across the globe to prevent graft, promote accountability, and empower reformers. The U.S. Department of State have paid out trillions of dollars to victims and organizations around the globe to settle unlawful misconduct. See (Domtar Inc. v. United States of America). The Department’s global anti-corruption efforts have three elements:
- Preventing Corruption & Increasing Accountability: Assist countries committed to tackling corruption by both strengthening democratic institutions and building new support for reform by empowering citizen advocates to hold governments accountable to global standards.
- Strengthening Law Enforcement Across Borders: They work with global partners to enhance law enforcement cooperation across borders, improve data sharing between major financial hubs, and develop tools to recover stolen assets.
- Tackling the Corruption-Security Nexus: They address corruption in the security arena, exposing how corruption threatens national security and the ability to protect citizens, defeat terrorists, and defend national sovereignty.
Association of Certified Fraud Examiners
The ACFE provides Global Fraud awareness and they have local chapters organized by dedicated members residing in a particular geographic region (i.e., a city, state or country) and share an interest in the detection and deterrence of fraud. Chapters act as local representatives of the ACFE, providing continued support for members worldwide. The ACFE had its 33rd Global Fraud Conference, focusing on:
1. How occupational fraud is concealed.
2. Collusion by multiple perpetrators.
3. Behavioral red flags displayed by perpetrators.
4. Recovering fraud losses and spotlighting responses to fraud
5. Methodology, Victims’ Organizations, Fraud Detection, and Regional Focuses.
Filing The International Lawsuit
The International Court of Justice is one of the six principal organs of the United Nations, located in the Peace Palace in The Hague, Netherlands. Article 35, paragraph 1, of the Statute provides that the Court shall be open to the States parties to the Statute, and Article 93, paragraph 1, of the Charter of the United Nations provides that all Members of the United Nations are ipso facto parties to the Statute. The United States of America is one of 193 participating states with ICJ jurisdiction. The U.S. statute of limitations (4-years) for fraud may not apply to Healthcare Providers lawsuit due to several legal doctrines, specifically, the Continuing Violation Doctrine:
A. Related Unlawful Acts
One simple methodology recognizes a continuing violation when a plaintiff alleges a series of “continual unlawful acts” that extends into the limitations period prior to suit.
B. Hybrid Act / Injury Approaches
One test, applied in some civil rights cases, provides that for a modified continuing violation to exist: (1) the defendant’s wrongful conduct must continue after the precipitating event that began the pattern of misbehavior; (2) injury to the plaintiff must accrue after that event; and (3) further injury to the plaintiff must have been avoidable if the defendant had at any time ceased his or her wrongful conduct.
C. Cumulative Wrongs
Like the continuing act/continuing injury framework just discussed, this methodology implicates the tricky matter of assigning injuries to specific acts. The other weaknesses of this approach can be viewed through the lens of one of the lead cases applying this standard, the decision by the United States Court of Appeals for the District of Columbia Circuit in Page v. United States.
D. Pure Continuing Violations
1. False Imprisonment False imprisonment constitutes a pure continuing violation. Someone who has been falsely imprisoned has an actionable claim from the moment his or her false imprisonment commences.
E. Continuing Professional Treatment or Representation
Another type of continuing violation claim also implicates an “unbalanced” relationship between the parties. When a physician or other professional commits malpractice, and fails to promptly correct the same, the “continuous treatment” or “continuous representation” rule may apply to postpone the running of the limitations period until the end of the treatment or representation in which the professional error occurred.
F. Intentional and/or Negligent Infliction of Emotional Distress
The United States Supreme courts have ruled that claims for the intentional or negligent infliction of emotional distress may represent pure continuing violations depending on the nature of the underlying misconduct.
G. Modified” Continuing Violations
1. Nuisance and Trespass Nuisance and trespass claims represent the touchstone modified continuing violations. Decisions dating back to the 1500s have recognized that a nuisance or trespass claim does not arise once and for all when the offensive activity at issue first manifests itself. The Government trespass by using Confidential Informants to unlawfully infiltrate businesses and trigger false investigation.
H. Antitrust Claims
Some antitrust claims have long been likened to continuing nuisances and the modified form of the continuing violations doctrine is well-ingrained within antitrust law. The Government’s use of Internal-Agency reporting and standards to stop doctors from practicing in other states by colluding to accept perjured, untruthful, and fabricated evidence may have applicability to the Antitrust statute.
I. Civil Rights Claims
Last, but not least, a wide range of claims have been brought under section 42 U.S.C. § 1983 and other civil rights laws have been classified as modified continuing violations, allowing plaintiffs to attack at least part of a course of unlawful conduct long after its inception.
The U.S. Government has paid billions and trillions of dollars for misconduct and unlawful activities to other governments around the globe. If government officials exposed Healthcare Providers to any type of fraud; this will form the grounds and basis for an excellent legal complaint for relief and damages. The Healthcare Providers must come together and stop corrupt government officials from engaging in systemic abuse and fraudulent violations against the Medical Community.
DO NOT RESPOND TO THE ENTIRE GROUP WITH YOUR ANSWER
Dr. Edward Drelves,
Billy Earley, PA Healthcare Advocate
National Adviser Black Doctors Matter
Advocate World Sickle Cell Federation
Ambassador for Doctors of Courage
Congressional Briefing Panelist DOJ Corruption
FOR NOW, YOU ARE WITHIN