Houston Medicare Fraud Ring Busted

August 1st, 2023

Big Medicare fraud ring busted in Houston. How big? $142 million big.

The Office of the Attorney General’s (OAG) Medicaid Fraud Control Unit (MFCU) has made a series of arrests and seized assets related to a fraud case in Houston.

Lily Tran Daniel, Kenneth Reynolds, and Lillian Thai were all arrested on suspicion of their “involvement in a major healthcare fraud scheme” associated with ApolloMDx, a genetic testing company.

According to a release from the OAG, AplloMDx had involvement in a $142 million healthcare fraud scheme where they would offer illegal kickbacks in order to purchase recipient information form marketers and orders for genetic testing from doctors.

The statement from the OAG details how ApolloMDx would make alterations on the dates of service on testing orders, making it appear that they collected multiple DNA samples on different dates, so they could bill for multiple dates of service to increase their Medicare reimbursement on genetic testing claims.

Since the inception of the national Medicare Fraud Strike Force to crack down on Medicare fraud in 2007, Texas has been at the center of many investigations, including what was at the time the country’s largest-ever Medicare fraud takedown in Dallas.

Medicare and Medicaid are two U.S. government programs that were created in the 1960s to provide low-income citizens with a rudimentary form of health insurance coverage. While Medicare covers persons age 65 and older, Medicaid was established for persons under 65 years and those over that age who had exhausted their Medicare benefits. It is also funded jointly by the federal and state governments.

The Texas MFCU worked in conjunction with the Department of Health and Human Services’ (HHS) Office of Inspector General and the Federal Bureau of Investigation to investigate the ApolloMDx case. The prosecution will be carried out by the U.S. Department of Justice’s Health Care Fraud Strike Force. The U.S. Attorney’s Office for the Southern District of Texas is assisting with forfeiture.

In addition to uncovering the fraud scheme, the MFCU seized sports cars, a sailboat, and three properties for a total of $7.1 million, funded by the illegal proceeds accrued from the ApolloMDx operation.

Texas and the federal government jointly finance and administer Medicaid and the Children’s Health Insurance Program, which comes to a total of over $40 billion.

The more money that flows through public welfare systems, the more susceptible to fraud they are. And it wouldn’t surprise me to learn that all the additional money flooding the system has made it that much easier for people to commit fraud.

Taibbi: How The Left Lost Its Mind

July 31st, 2023

  • “It’s as simple as people thought everything was permitted in pursuit of getting rid of Donald Trump.”
  • Taibbi says he wasn’t pushed out of Rolling Stone, he just thought he could make more money by leaving. And he was right! “Let’s just say that I’m making many times over more than I was making at Rolling Stone.”
  • MT: I don’t believe a lot of the identity politics that are being proffered by the current version of the Democratic Party are genuine. And my first experience with this, where I really, really thought about this, was when I was following Bernie Sanders’s campaign in 2016. And there was a moment in that campaign where he first started to really draw blood against Hillary right. You might remember it was like in February, uh, or late January of 2016. He was hammering her on her ties to Goldman Sachs and other Banks. The New York Post interestingly did this, published this big list of all of her speech commitments and it was kind of amazing. And she wouldn’t release the transcripts right she wouldn’t release the transcripts. I mean, even the schedule was amazing. She was doing three hundred thousand dollars in the morning and then flying to some place and doing 400 Grand or something.

    Reason: Yeah circle of the Bilderbergers, or whatever.

    MT: And they tried everything to hit back, and nothing worked until she said: “If we break up the banks tomorrow, will that end racism?” And Bernie was paralyzed by that.

    Reason: Yeah, Bernie’s an old school, he’s a real old school Commie. I mean, like where it’s class and everything else is a distraction, right? That, you know, capitalists will use race in order to keep the workers from realizing, no, they’re all on the same side well

    MT: I almost wish he was that, because you know Bernie also marched in, you know, in for the civil rights movement in the 60s. And he was terrified of the idea that he might be accused of racism. It mortified him, and I think it really slowed his campaign.

    Reason: There was also that moment, I think it might have been in Seattle or something, where he was almost literally pushed off the stage by a couple of black activists, who were like “We need to be talking about racial concerns,” not whatever he was talking about.

    MT: Right, not your class thing. [And] that was when they started to sort of demonize the white working class, right, which is a brilliant strategic move. Also, interestingly, it was the exact opposite of what the Clintons had done in the 90s. You know the Clinton’s whole strategy was let’s peel off a little bit of that white working class-

    Reason: We feel their pain.

    MT: We feel their pain, right. And that’s, you know, they just got over the finish line doing that. So we can add to the sins of Hillary Clinton that she also injected identity politics.

    With all due respect to Taibbi, identity politics had been injected into the Democratic Party’s DNA long before the 2016 presidential race.

  • “Trump [has] been an enormous Boon to the intelligence Services they’ve been able to say hey if you if you code as somebody who sides with Trump…essentially they’ve created what I like to call the One Villain Theory of the Universe. Which is if you’re on Trump’s side, that means you’re on Putin’s side, which means you’re also on Assad’s side, you’re on Orban’s side, you’re on the side of domestic violence.”
  • MT: “Covid has a whole long list of things that have added to Middle America’s grievances. Beginning with the fact that it it increasingly looks like they lied to us about the origins of the disease for some pretty weak reasons. Maybe they were trying to cover up some research they were doing. That’s thing one that’s looking increasingly likely. At the very least they excluded the possibility of that illegitimately and used

    Reason: “And that’s where the government was telling Twitter and Facebook, like, don’t run this stuff or they’ll squelch it.”

  • “I did a story about Loudoun County, Virginia, when Republicans won the gubernatorial election there. And there were people there who were furious at the way they had been portrayed in the media, as racists or anti-vaxxers. Really, they wanted their kids to go back to school, because they had done their own research online, they found the kids weren’t really at risk, and their kids weren’t learning anything, and it was a burden on them personally, right? So there’s a million things like this.”
  • I don’t agree with all Taibbi’s takes, and a whole lot of things were going wrong with the left long before he deigned to notice it, but over all it’s an interesting interview.

    Goines Murder Trial Still Pending

    July 30th, 2023

    While writing yesterday’s Houston forensic backlog story, it occurred to me that I never heard the outcome of the pending murder trial of Ex-Houston Police Officer Gerald Goines. Goines is accused of falsifying information on the warrant on a no-knock narcotics raid in which he and his fellow officers killed two people.

    As far as I can tell, that’s because the trial hasn’t happened yet, despite the original raid happening in January of 2019. The most recent activity was the judge refusing to dismiss the charges, and another court limiting the mere presence of Goines in a case as a possible cause for appeal to a ten year stretch starting in 2008.

    The only other news I’ve found was that Steven Bryant, another officer on the raid, pled guilty to federal tampering charges back in 2021.

    I know that Flu Manchu lockdowns delayed a lot of trials all around the country, but four and a half years is an inordinately long time for a murder trial to be pending, as you start to run into due process concerns. Four years was around the time that all the charges in the Waco biker shootout case were dismissed. And that was a much more complex case with hundred of defendants and mountains of prosecutorial pigheadedness.

    The Democrats running Houston’s criminal justice system today claim to care deeply about stopping police misconduct, but don’t seem capable of dispensing justice in anything like a timely manner to the one glaring redball of police misconduct they already have in their laps.

    Houston’s Scandalous Forensic Backlog

    July 29th, 2023

    Your various CSI-type shows display modern police forensic labs as clean, gleaming, orderly high-tech cathedrals to science. The reality is seldom as glamorous, with cramped offices and significant backlogs being the norm. Around the country, various forensic labs have gotten so far behind that serious criminal cases have been dismissed due to lack of evidence.

    Houston previously had a problem with it’s forensics department, so the Houston Forensic Science Center was created in 2012. And now they’re having big problems too.

    Houston Police Officers’ Union President Douglas Griffith called for the resignation of the head of the city’s forensic science center this week over a significant backlog in testing evidence that has led to dismissal of criminal cases for a lack of probable cause.

    “It’s either gross mismanagement or incompetence,” Griffith said during a press conference Wednesday.

    Sharing photos of suspected marijuana seized by police at Houston’s Hobby Airport, Griffith said that 38 potential drug smuggling cases, involving 40 to 70 pounds of marijuana each, were dismissed on lack of probable cause because the city’s lab had not returned confirmatory tests.

    Created by the city in 2012 after a scandal-ridden inhouse facility lost accreditation, the Houston Forensic Science Center (HFSC) is independent from the police department but funded by the city and governed by a board appointed by Mayor Sylvester Turner. Peter Stout, who holds a PhD in toxicology, has served as head since 2015.

    Griffith explained to The Texan that according to HFSC’s own website, it takes 306 days to process a sexual assault kit and 215 days to process firearms or ballistics testing.

    “But in an email sent by Dr. Stout to me, as well as city council, the district attorney, and defense attorney Murray Newman, he said if we want a rush case done today, it would not be done until 2025,” said Griffith. “So, there’s a discrepancy between what’s on the website and what’s in the email.”

    The name Murray Newman may be familiar to some readers as Dwight links to his blog Life at the Harris County Criminal Justice Center.

    In an email sent on July 17 to city, police, and criminal justice officials, Stout wrote, “It will be a really rude awakening to ask for a priority on July 31st for a trial on August 15th and find that your spot in line will be March 2025 behind the 66 other homicide cases already on the list.”

    “That’s a year and nine months to test a weapon used in a homicide,” warned Griffith.

    Stout’s email also warns recipients that “a priority request is just that, a request not a guarantee,” and that his office may reject or accept requests.

    The city has set the HFSC 2024 budget at $28.5 million but added additional funds of nearly $5 million over the past year. Despite the extra funding, HFSC limits the number of DNA testing samples to 10 per case at a time, so investigators or prosecutors must wait for the first 10 samples to be returned before submitting a separate set.

    Harris County District Attorney Kim Ogg told The Texan that delays in toxicology testing are leading to dismissal of gun crimes.

    Ogg’s name should be familiar to readers as being a Soros-backed DA.

    “Drugs are the first things we find and serve as the reason for the search that then locates a gun,” said Ogg. “But we are losing gun cases when judges dismiss a case for lack of probable cause because we don’t have those toxicology reports back.”

    Noting that firearms testing results had recently increased from a 14 month wait to 20 months, Ogg also expressed concern about delayed evidence in relation to a new Texas law authored by Sen. John Whitmire (D-Houston) prioritizing violent cases.

    “The emphasis now will be on prosecuting child sexual assaults, which require lab testing, and gun violence and homicide cases. I am just very concerned that as the cases are being called to trial the labs will not have completed their work and the evidence will not have been disclosed,” said Ogg. “Then those cases will stand at risk, possibly allowing a dangerous suspect to be released to the streets.”

    Harris County has been plagued by a criminal case backlog since Hurricane Harvey flooded courtrooms in 2017. The situation only worsened during the COVID-19 pandemic that brought the court system to a grinding halt.

    With additional funding and extra court judges managing an emergency docket, earlier this year Ogg announced the case backlog had been reduced by 21 percent but that there were still about 114,000 backlogged cases.

    That the crime lab is still having unacceptable backlog problems a decade after the last crime lab had similar problems is hardly a credit to the Democrats who have controlled Houston’s government since 1982.

    Given what I know of how the how the defund the police racket tried to work in Austin, I have to wonder if funding for essential services (like a competent [police crime lab) have been siphoned off to “social justice” causes in Houston as well…

    LinkSwarm for July 28, 2023

    July 28th, 2023

    The Hunter Biden scandals refuse to go away, California continues to hemorrhage taxpayers, Texas teachers behaving very badly, more Flu Manchu heart attacks, and a golden new parking aid. It’s the Friday LinkSwarm!

  • Hunter Biden’s sweetheart plea deal collapsed. Here’s former federal prosecutor Will Scharf discussing how the DoJ’s trickery backfired:

    Typically, if the Government is offering to a defendant that it will either drop charges or decline to bring new charges in return for the defendant’s guilty plea, the plea is structured under Federal Rule of Criminal Procedure 11(c)(1)(A). An agreement not to prosecute Hunter for FARA violations or other crimes in return for his pleading guilty to the tax misdemeanors, for example, would usually be a (c)(1)(A) plea. This is open, transparent, subject to judicial approval, etc.

    In Hunter’s case, according to what folks in the courtroom have told me, Hunter’s plea was structured under Federal Rule of Criminal Procedure 11(c)(1)(B), which is usually just a plea in return for a joint sentencing recommendation only, and contained no information on its face about other potential charges, and contained no clear agreement by DOJ to forego prosecution of other charges.

    Instead, DOJ and Hunter’s lawyers effectively hid that part of the agreement in what was publicly described as a pretrial diversion agreement relating to a § 922(g)(3) gun charge against Hunter for being a drug user in possession of a firearm.

    That pretrial diversion agreement as written was actually MUCH broader than just the gun charge. If Hunter were to complete probation, the pretrial diversion agreement prevented DOJ from ever bringing charges against Hunter for any crimes relating to the offense conduct discussed in the plea agreement, which was purposely written to include his foreign influence peddling operations in China and elsewhere.

    So they put the facts in the plea agreement, but put their non-prosecution agreement in the pretrial diversion agreement, effectively hiding the full scope of what DOJ was offering and Hunter was obtaining through these proceedings. Hunter’s upside from this deal was vast immunity from further prosecution if he finished a couple years of probation, and the public wouldn’t be any the wiser because none of this was clearly stated on the face of the plea agreement, as would normally be the case.

    Judge Noreika smelled a rat. She understood that the lawyers were trying to paint her into a corner and hide the ball. Instead, she backed DOJ and Hunter’s lawyers into a corner by pulling all the details out into the open and then indicating that she wasn’t going to approve a deal as broad as what she had discovered.

    DOJ, attempting to save face and save its case, then stated on the record that the investigation into Hunter was ongoing and that Hunter remained susceptible to prosecution under FARA. Hunter’s lawyers exploded. They clearly believed that FARA was covered under the deal, because as written, the pretrial diversion agreement language was broad enough to cover it. They blew up the deal, Hunter pled not guilty, and that’s the current state of play.

    And so here we are. Hunter’s lawyers and DOJ are going to go off and try to pull together a new set of agreements, likely narrower, to satisfy Judge Noreika. Fortunately, I doubt if FARA or any charges related to Hunter’s foreign influence peddling will be included, which leaves open the possibility of further investigations leading to further prosecutions.

  • More on how Hunter Biden’s sweetheart deal blew up.

    The Hunter Biden defense and the Biden Justice Department hid the sweeping immunity term, shielding Hunter from all future prosecution, in a “diversion agreement” related to the gun offense on which Hunter was not pleading guilty and is anticipated not to be prosecuted. (See here, p. 7, para. 15.) The “diversion agreement” is separate from the plea agreement to the misdemeanor tax charges (see here) — i.e., the only charges to which Hunter actually planned to plead guilty. The plea agreement is where one would ordinarily find the all-important immunity term (since the immunity is given by the government in exchange for the guilty plea). Both the diversion agreement and the plea agreement incorporate an outrageous statement of facts (which is appended to the tax plea agreement, linked above). This fictitious presentation, which appears to have been drafted by Hunter’s lawyers, is nevertheless endorsed by the Biden Justice Department, even though it is utterly inconsistent with the prosecutors’ face-saving protestations, under pointed questioning Wednesday by Judge Maryellen Noreika, that they are conducting a continuing investigation in which Hunter is a subject and could be charged.

    It could not be more obvious that, if the government were truly conducting a continuing investigation, prosecutors would never in a million years give one of the main subjects of that investigation a plea to minor tax charges — with the promise of a recommendation of no imprisonment — in the middle of that investigation.

    This corrupt episode happened because this case is not a legitimate case — it’s a sham. In legitimate prosecutions, the defendant and the Justice Department are adversaries, with defense lawyers looking out for the defendant’s interest and the prosecutors vindicating the public interest in seeing that lawbreakers are held to account. The Hunter Biden case, to the contrary, is a travesty, in which the defense and the prosecution are on the same side.

    That is why the prosecutors have never filed an indictment that lays out the case against Hunter in exacting, painful detail — the way the Justice Department typically does. To do that would be politically devastating for the president, who is implicated in his son’s conduct. Plus, if prosecutors fully describe the serious charges that appear to be supported by evidence already known, it would become politically impossible to settle the case on two trivial tax misdemeanors with no jail time, in addition to disappearing a gun felony carrying a potential ten-year prison sentence.

    That is why the plea agreement could not be a normal plea agreement. The point of an agreement is to outline in detail the full extent of the immunity the defendant is getting in exchange for his plea. Because the Hunter Biden defense and the Biden Justice Department are on the same side, the collective objective was to give Hunter as much immunity as possible, with as little said as possible about why he needs it.

  • Still more Hunter Biden news:

    Biden family business associate and President Joe Biden’s son Hunter’s “best friend in business” has canceled his scheduled appearance on Monday to give testimony before the House Oversight Committee for a third time. Well, something seems to really have this guy spooked, wouldn’t you say? Why in the world would this guy cancel not once, not twice, but thrice, er, I mean three times? It doesn’t take someone with an IQ north of 180 to see this.

    Rep. James Comer (R-Ky.), the chairman of the House Oversight Committee, spoke with Fox News and stated that Devon Archer canceled the deposition he was scheduled to participate in before the committee. Archer is currently under a subpoena from the committee but has now backed out three times, according to Breitbart News.

  • Speaking of the difficulties in prosecuting Democratic Party bagmen: “Charges DROPPED Against Dem Megadonor Sam Bankman-Fried.” 

    The Department of Justice (DOJ) has dropped campaign finance charges against alleged ‘crypto scammer’ Sam Bankman-Fried, who was accused of misusing customer deposits and who made $90 million in campaign contributions to around 300 predominantly left-wing political candidates or action committees (PACs).

    Prosecutors argued the United States “mishandled” the process of extraditing Bankman-Fried from the Bahamas, writing a letter stating, “In keeping with its treaty obligations to the Bahamas, the government does not intend to proceed to trial on the campaign contributions count.”

    Bankman-Fried, who had a net worth of around $26.5 billion at his peak, ranked behind only George Soros in donations to the Democrats last year.

    How convienent. (Hat tip: Instapundit.)

  • Texas Teachers Arrested for Sex Trafficking Children.”

    Two Texas teachers accused in separate sex crimes against children were arrested on the same day and each charged with sexually assaulting a child and trafficking a child for sex.

    Red Oak ISD teacher and coach Gershon Caston, 38, was arrested Thursday and charged with three first-degree felonies:

    • Aggravated sexual assault of a child
    • Trafficking a child to engage in sexual conduct
    • Compelling prostitution by a minor

    Snip.

    Former Nacogdoches ISD teacher Annaleigh Andrews, 24, was also arrested Thursday and charged with a dozen felonies:

    • Three counts of trafficking a child to engage in sexual
    • Three counts of sexual assault of a child
    • Three counts of improper relationship between student and educator
    • Three counts of enticing a child with intent to commit a felony
  • California has lost more than $340 million in yearly tax income as its wealthiest residents moved to lower-tax states, according to a study by national online real estate service MyEListing.” I suspect the real number is much higher. (Hat tip: Sarah Hoyt at Instapundit.)
  • Eventbrite canceled Austin ‘Let Women Speak’ event for the crime of daring to point out the reality of two biological sexes. (Hat tip: Dwight.)
  • Carroll ISD is the latest school district to ban transexual bathroom and pronoun madness.
  • New York City to motel guests: “Who cares about your reservation? We need these rooms to house illegal aliens.”
  • Crazy-eyed aide lipsyncs congresswoman’s speech. You really need to see this, as she’s giving off Bride of Chucky vibes here.
  • Biden regime to Robert F. Kennedy, Jr.: “How dare you consider running against Biden The Great And Powerful? No Secret Service protection for you!” (Hat tip: Stephen Green at Instapundit.)
  • “Senate Democrats Clear the Way for Boycott of Israeli Products.”

    Senate Democrats on Thursday blocked a measure that would have stopped the Biden administration from discriminating against Jewish-made Israeli products.

    The Democratic members of the Senate Commerce Committee rejected a measure from Sen. Ted Cruz (R., Texas) that would have blocked the Federal Trade Commission from penalizing products produced by Israelis living in contested territories, including the West Bank, Gaza Strip, and Golan Heights.

    (Hat tip: Ted Cruz’s Facebook page.

  • “Swiss study: heart injuries from COVID vaccine 3000x higher than thought.”
  • Speaking of unexpected heart attacks, LeBron James’ 18-year old son Bronny James suffered cardiac arrest during a basketball workout. He survived. You know, I never remember hearing about young athletes having heart attacks pre-Flu Manchu vaccines…
  • I suspect this Peter Zeihan video might count as trolling my readers: “Why Fiat Currencies Will Always Beat Gold.” I think it’s broadly true in the cases he articulates, but doesn’t take into account the possibility of hyperinflation and/or widespread social unrest.
  • Is Ferrari lying about the number of limited production cars made? “Ferrari officially admits to producing 400 Enzos total. I have, so far, 500 Enzo VINs.”
  • Old and busted: Smoking pot destroys your brain. The new hotness: Smoking pot destroys the brains of your children and grandchildren. (Hat tip: Instapundit.)
  • “Secret Service Says Eight-Ball Of Cocaine Found In Courtroom Chair Hunter Was Sitting In Probably Left By Tour Group.”
  • “A little closer…a little closer…Good!”

    (Hat tip: Ace of Spades HQ.)

  • Mark Zuckerberg Has Been A Very Bad Robot Boy

    July 27th, 2023

    Meta, AKA “The Artist Formerly Known As Facebook,” announced that they just lost $21 billion on their Reality Labs division, AKA the Metaverse, AKA the worst virtual reality environment since January 2022.

    Meta’s second-quarter earnings showed that Reality Labs, its virtual and augmented reality development business, has lost a staggering $21.3 billion since January 2022 — and executives warned the bleeding will only get worse.

    The unit recorded $276 million in Q2 sales this year — down from the $339 million it drew in during Q1, underscoring how VR and AR technology has yet to infiltrate the mainstream.

    The losses were wider than analysts expected, though CFO Susan Li suggested in the report that Meta will continue to invest in the tech, which is used to power the metaverse.

    “For Reality Labs, we expect operating losses to increase meaningfully year-over-year due to our ongoing product development efforts in augmented reality/virtual reality and investments to further scale our ecosystem,” Li wrote.

    Just last month, Meta unveiled its Quest 3 headset for $499, which Mark Zuckerberg touted as “the first mainstream headset with high-res color mixed reality,” though it’s unclear how successful the tech has been so far.

    Hint: Not at all.

    Just how do you lose $21 billion? That’s a burn rate of over a billion a month. You could hire a mountain of developers and engineers for that money, maybe 100,000 or so of them even at California salary rates. Wikipedia (usual caveats apply) says Occulus only had 17,00 employees in 2022. Meta only paid $2 billion to acquire Occulas (which became Reality Labs) in the first place. Hell, you could fund over 200 startups at $100 million a pop, and it would still be more likely for any one of them to be profitable than Reality Labs.

    Usually you have to be a politician to lose that much money. I wonder if Reality Labs losses might be covering up losses in other divisions. Or if the money is getting siphoned off to somewhere else entirely…

    Earlier this month, Meta found itself on the defense in a copyright infringement lawsuit filed by stand-up comic Sarah Silverman and authors Christopher Golden and Richard Kadrey, who alleged that Meta’s artificial intelligence-backed language models were trained on illegally-acquired datasets containing the authors’ work.

    The suit against Meta points to the allegedly illicit sites used to train LLaMA, the ChatGPT competitor the company launched in February.

    Naturally, anything involving large corporations ripping off science fiction writers attracts my attention, and I used to bump into Kadrey back when I was on the SF con circuit. The same firm is also suing on behalf of Paul Trem­blay and Mona Awad.

    There probably needs to be some sort of regulation on how much AI generated content can come from any particular living creator. If I feed an AI all of Paul McCarthy’s songs, and ask it to produce a new one based on those, is it copyright infringement?

    I suspect a number of lawyers are going to be getting a lot of money off AI in the near future…

    Bill Maher Interviews Jordan Peterson

    July 26th, 2023

    Bill Maher is a liberal Democrat who has been increasingly red-pilled following the Flu Manchu lockdowns and his party’s increasing embrace of censorship. So when I saw that he had Jordan Peterson, a veritable walking red-pill dispensing machine, on his interview show Club Random, that definitely piqued my interest.

    I’ve only watched a small fraction thus far, but it looks like it’s going to be another busy day, so here it is.

    BM: I read a quote from Justin Trudeau that was so dumb—
    JP: Which one?

    Incompetent Uvalde Gun Lawsuit Draws Fines

    July 25th, 2023

    After every media-hyped shooting, ambulance-chasing lawyers come out of the woodwork to file lawsuits against the manufacturer of whatever gun this month’s eel-brain happened to lay his hands on to do the deed, despite the Protection in Lawful Commerce in Arms Act.

    This time they’re doing it for the Uvalde shooting, but they’ve evidently been so sloppy in filing their lawsuit that they’re facing contempt charges.

    In the aftermath of the mass shooting at Robb Elementary School that killed 19 students and two teachers, California-based attorney Charles Bonner is facing heat over a federal case to sue the gun store and the manufacturer of the rifle used in the massacre, Daniel Defense.

    Bonner told media in August 2022 that he had been hired by Uvalde residents, consisting mostly of families of Robb Elementary students, to file civil lawsuits against numerous entities over the shooting.

    Now, he and other attorneys involved are facing both sanctions and criminal contempt charges in federal court over the lax handling of the case.

    Both Daniel Defense and gun store Oasis Outback, which sold the rifle to the gunman, have been named as defendants in the federal civil lawsuit seeking $6 billion in damages. Prior to filing the lawsuit, Bonner had announced his intent to file a $27 billion class action lawsuit, but it is unclear if he intends to seek additional damages from other parties in separate lawsuits.

    The case was initially filed in the Austin division of the Western District of Texas; however, the case was transferred to the Del Rio division, where the court instructed the plaintiffs to serve the defendants before the case could proceed.

    This simple process is where the case began to fall apart procedurally.

    Numerous documents beginning in June show federal Judge Alia Moses giving multiple orders to the plaintiff attorneys to properly serve the defendants, writing, “The Defendants must be afforded due process instead of plaintiff counsel’s apparent wish to improperly litigate this case ex parte,” accusing the attorneys of using the case to serve their interests alone.

    But the lax handling of the case didn’t stop with the first admonishment by the court.

    Moses set a hearing to discuss why the plaintiffs failed to properly serve the defendants, a hearing the attorneys did not attend.

    “Serving defendants the lawsuit” is hardly a deep, dark secret of the legal profession. Indeed, it’s why process servers exist as a profession.

    This prompted Moses to set another hearing, ordering the plaintiffs’ legal counsel to appear in a hearing where the court will consider sanctions for failing to follow its instructions and potentially issue contempt charges for failing to appear.

    “The Court will consider additional sanctions for the failure to appear and will consider referring the plaintiff’s counsel for contempt prosecution based on the failure to appear at the sanctions hearing,” Moses’s order states.

    Lawyers, even ambulance chasers, are supposed to be smarter than the average bear. But this is a pretty basic, stupid, unforced error on Bonner’s part…

    Mapping Austin’s Homeless Problem

    July 24th, 2023

    Despite the camping ban repeal, sprawling camps of drug-addicted transients lured here by departed mayor Steve Adler and the hard left Austin City Council continue to dot the landscape in and around Austin.

    Indeed, the problem remains so large that one Austinite has created a Google map to track homeless camps. If you live in or near Austin, click on that to see how big the problem is, and how many camps are near you.

    Says the New York Post:

    Liberal policies have led to a shocking explosion in homeless camps across the state capital, with around 168 different homeless camps across the city and 10,000 people living on the streets, sources tell The Post.

    The sheer amount of people living on the street, 10,000 according to the City of Austin’s own count, now makes up 1% of the entire population in the greater Austin area.

    His map reveals the clandestine encampments have spread to a far greater extent than many taxpaying residents had previously realized — dotting the entire city, including near popular tourist destinations like Zilker Metropolitan Park.

    Often hidden from public view in wooded areas, the encampments, banned by voter mandate, have become hotbeds for illegal activity and been the site of two deaths since April.

    [Jamie] Hammonds warns that an even bigger public safety threat could be looming as the sites remain largely unregulated by the Democratic city’s leadership.

    “A big fire is going to take place, and it’s going to burn up a lot of people. It’s going to happen,” Hammonds predicted.

    “I’ve been warning the city about this for over a year.”

    In the year and a half that Hammonds has been documenting the camps, he claims to have regularly witnessed people with mental health and drug issues use unsupervised fires for warmth and cooking.

    “We have fires in these camps every year, but thank the Lord the fire department has been able to put them out very quickly,” he added.

    The homeless sites are often nestled in wooded areas, surrounded by oak trees.

    “It gets really hot and really dry in the summer,” the filmmaker explained. “These folks build fires, and these greenbelts, when it gets dry, it’s like a match waiting to go off.

    That story, in turn, was a follow-up to this one in which Hammonds documented Violet Crown Trail being trashed.

    Hammonds has his own YouTube channel, as well as a domain (http://www.dashatx.org/) that currently seems to be suffering from a certificate problem.

    The Homeless Industrial Complex obviously benefits from these sprawling homeless camps (and, indeed, tried to directly financially benefit from cleaning them up before they got caught). They exist because those on the hard left benefit from their existence, no matter how many camps they burn down, piles of trash they leave behind, or how many law-abiding citizens they victimize.

    (Hat tip: Not the Bee.)

    Remembering the Rosemary Lehmberg DWI Arrest 10 Years Later

    July 23rd, 2023

    Before linking to my original story from just over ten years ago in this week’s LinkSwarm, I hadn’t thought of the Rosemary Lehmberg DWI case in quite a while. A short summary of the basic facts at the time of the arrest:

    [Travis County Democratic] District Attorney Rosemary Lehmberg was arrested and charged with drunken driving Friday night in Northwest Travis County…

    According to the arrest affidavit, a witness called 911 just after 10:45pm to report a four-door Lexus wandering into the bike lane and then into oncoming traffic while traveling southbound on FM 620 near Comanche Trail. The car was being driven by Lehmberg, according to the affidavit.

    Lehmberg told the deputy that she’d had two vodka drinks earlier in the evening and that she was on a prescription beta-blocking drug. According to the arrest affidavit, there was an opened bottle of vodka in the passenger area of the vehicle within reach.

    (Sorry for linking to the Austin Chronicle but a lot of the original stories on the arrest no longer seem online.)

    Here’s a pro-trip, boys and girls: If you you find yourself driving around at night (well, any time, but especially at night) while drinking from an open vodka bottle (she evidently had a blood alcohol level of .239), you have a problem, and you should seek professional help and/or check yourself into rehab.

    Like, the next day.

    Eventually Lehmberg spent 45 days in jail and declined to run for reelection, but wasn’t removed from office.

    But the thing I remember most about the Lehmberg case was her in restraints…


    Eh, not quite like that

    …screaming “Call Greg!” (Dwight even bought me a bumper sticker.) The “Greg” in this case was then Travis County Sheriff Greg Hamilton, who Lehmberg obviously believed would get the charges dismissed.

    Ten or twenty years before, that might have happened, but one big reason it didn’t happen in Lehmberg’s case was dashcam footage. (Another was that Travis County LEOs seemed to hate Lehmberg’s guts.)

    Speaking of “Call Greg!”, many of the videos of her arrest I previously linked to seem seem to be dead. (It seems more likely for a book to survive 100 years than an online video to last 10.) So here is sort of a compressed “greatest hits” of Lehmberg at the booking station, including the magic phrase:

    Some valuable takeaways still true ten years after the fact:

  • Being drunk makes you stupid.
  • Belligerent entitlement and threats don’t make police any more likely to let you off (unless, perhaps, your last name is “Biden”).
  • No, seriously, shut the fuck up. When arrested, remain silent except to ask for your lawyer.
  • DWI is expensive, even if you don’t kill anybody. At a defensive driving class many moons ago, the instructor noted that it would be cheaper to hire a limo to drive you to Dallas, stay in a five-star hotel, dine at the city’s most expensive restaurant, down three bottles of their most expensive champagne, and have the limo driver drive you back than it would be to pay the legal fees to successfully fight a DWI in court.
  • I did a search to see what Lehmberg was up to after leaving office, but I couldn’t find out anything. It’s like she dropped off the face of the earth. Hopefully she got some help for her alcoholism.

    Ironically, though Lehmberg was an obnoxious drunk-driving Democrat who used her office to launch partisan witch hunt investigations of statewide Republican politicians, she was still better than current DA Jose Garza. For all Lehmberg’s myriad flaws, I never got the impression that Lehmberg was actually on the side of the criminals over law-abiding citizens.

    Unlike Garza.