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Articles

February 13, 2021 By Reuben A. Guttman

Remembering the Man Who Taught Us How to Interview a Witness

Larry KingHe was not a judge, a lawyer, or an FBI agent but he questioned more witnesses to history – from all walks of life –  than any lawyer I can think of.

Larry King died last month; he was 87 when he succumbed to COVID-19.

If you want to learn how to question someone, Larry King was the master. His interviews – stored for posterity on the internet – are a fabulous resource.

Larry King was naturally curious; every answer to a question only egged on his curiosity, often prompting one word follow-ups like “why ” which he would ask with his head propped on his wrist waiting in anticipation for the answer.  

King was also a master at creating narratives, sometimes punctuating an interview with a question laced with a bit of his own personal knowledge. He understood how to collect facts and he appreciated the absence of fact.  When interviewing Hank Aaron, who also died last month, King drew from his prior interviews with the “Home Run King” noting that in those interviews that Aaron had refrained from discussing racial issues. With laser sharp simplicity, King asked simply “why now?”

Larry King grew up in the Bronx; born with street smarts; he understood people.

He did not have an advanced  degree in psychology; he did not learn his skills in school; indeed, studying was not his cup of tea –as he often admitted. Yet, King was capable of examining “experts” whose CV’s spanned pages and included multiple degrees.

There is the legendary story about his interview of Edward Teller, the father of the hydrogen bomb. How does one prepare for such an interview? Read Teller’s works? Retain an expert to help prepare questions? Not King!

Shortly before his interview, Teller learned that King had not read Teller’s recent book, a sign that he was unprepared for the interview. An irritated Teller threatened not to submit to the interview but King made a deal; if Teller did not like the first few moments of the interview, he could get up and leave. King’s first question: “why do high school students find physics so intimidating?” Teller went into a monologue and the interview was off to the races.

Maybe it was just that King understood that beneath the titles and degrees, people are just human; they have basic emotions and instincts. King also had instinct and he understood human emotion; he knew how to make the interrogated feel comfortable; he knew how to get them to talk.

Larry King left us with a treasure trove of interviews which shed light on history and expose the inner emotions and perspective of those who witnessed or made history. And for trial lawyers and investigators – those who are in the business of uncorking the truth by getting people to talk, King has left us with a library of techniques.

November 14, 2020 By Staff

Peer Review Doesn’t Apply in False Claims Act Suit

Massachusetts General Hospital could not assert the medical peer review privilege to block production of documents sought by a whistleblower in her False Claims Act suit over the hospital’s alleged double and triple booking of surgeries, a U.S. magistrate judge has ruled.

. . .

During discovery, Wollman (relator) moved to compel production of medical peer review records and communications. In response, MGH asserted the peer review privilege, which keeps reports and records of medical peer review committees confidential.

. . .

Wollman’s attorney, Reuben A. Guttman of Washington, D.C., hailed the decision as an important ruling under the False Claims Act and said it was consistent with black-letter law.

“The case cries out for transparency,” Guttman added. “It is about cheating the government through the gross compromise of patient relationships and critical health care standards.”

Source: Massachusetts Lawyers Weekly. Read full article here.

October 20, 2020 By Staff

Free Virtual Seminar by Online Courtroom Project and NITA

As courts around the country have struggled to continue operations in the face of the unprecedented coronavirus pandemic, each state and the federal courts have issued their own set of guidelines to try and resume trials. However, each jurisdiction, and each judge has also implemented their own set of practices, given their resources, staffing, budget, and judgement. While most of these national, regional, and individual practices have been conducted on a trial and error basis, the goal of this conference is to provide practical recommendations on procedures, resources, and skills for both courts and attorneys who are looking to conduct jury trials in this challenging time.

Dates: November 13, and 20th, 2020

This conference is free of charge. Attendees are encouraged to donate to a designated charity to assist underserved communities gain greater access to technology and the internet.

CLE credit will not be provided for this summit.

Reuben Guttman, from Guttman, Buschner & Brooks, PLLC, will be presenting a panel discussion on Implication for Post-Covid Litigation and Trials.

For Agenda information for this two-day free seminar, visit https://www.nita.org/summit-about?mkt_tok=eyJpIjoiTURreE56bG1OV1ZtTldOaiIsInQiOiJHait4UTcyR1VsNkZwR2M5cWNEMlEwYVwvS25XSTE2dUtsMGNpZmlYdE44aERFQUZudCtFWEIxQUNPXC9ocjJpZHlWa2JKOWZ2OGt4bWxjY2NwVUNyaktXU1BQZ2pUNEZmdmp1c0s1MUN3NXV1c0lnMHQ4ZVwvRFNtRFJtbzhcL3BLZmcifQ%3D%3D

October 20, 2020 By Staff

Santee Christian College to Pay $225,000 Over Federal Violations on Recruiting

San Diego Christian College in Santee will pay $225,000 to resolve allegations that it compensated a student recruiting company in violation of a federal ban on incentive-based compensation, the Department of Justice announced Monday.

The university’s settlement resolves allegations that it hired student recruiting company Joined Inc. between 2014 and 2016 to recruit prospective students to SDCC and paid the company a share of the tuition SDCC received from enrolled, recruited students.

Title IV of the Higher Education Act prohibits institutions receiving federal student aid from compensating student recruiters with a commission, bonus, or other incentive payment based on the recruiters’ success in securing student enrollment, according to the Department of Justice.

“Higher education enrollment decisions should put students first,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “Offering recruiters financial incentives to enroll students undermines students’ ability to make educational decisions in their own best interests.”

The settlement stems from a lawsuit brought by an unnamed whistleblower, who will receive $33,750 of the settlement proceeds, according to the DOJ.

In a statement, a college spokesman said Tuesday: “Due to the anticipated costs of prolonged litigation as well as the distraction from the pursuit of its mission, SDCC’s Board of Trustees decided that it is in its best interest to come to this resolution. In addition to denying the allegations of the complaint, SDCC assures its students, faculty, staff, alumni, stakeholders, and the public that at no time did it submit a “false claim” to the government nor misuse federal taxpayer funds. This settlement concludes the government investigation into SDCC’s relationship with [Maurice] Shoe,”  co-owner of Joined Inc., a California-based student recruiting company.

Reuben Guttman, who represents the whistleblower, told Times of San Diego that his client
lives on the West Coast.

“The case named three defendants: Oral Roberts, North Greenville University and San Diego Christian,” Guttman said. “This marks the third settlement, and approximately $3 million has been recovered.”

He said the settlement with San Diego Christian was small because it reflects the school’s financial condition and ability to pay.

“The settlement is being paid in installments,” Guttman said.

Neil Sanchez is special agent in charge of the U.S. Department of Education Office of Inspector General’s Southern Regional Office.

“Today’s settlement is a result of the hard work and effort of the Office of Inspector General and the Department of Justice to protect and maintain the integrity of the Federal student aid programs,” Sanchez said. “We will continue to work together to ensure that Federal student aid funds are used as required by law. America’s taxpayers and students deserve nothing less.”

Source: The Time of San Diego, https://timesofsandiego.com/education/2020/10/19/santee-christian-college-to-pay-225000-over-federal-violations-on-recruiting/

October 20, 2020 By Staff

California University To Pay $225,000 For Allegedly Violating Ban On Incentive Compensation

Department of Justice, October 19, 2020

WASHINGTON – San Diego Christian College (SDCC), based in Santee, California, will pay $225,000 to resolve allegations under the False Claims Act for submitting false claims to the U.S. Department of Education in violation of the federal ban on incentive-based compensation, the Justice Department announced today.    

Title IV of the Higher Education Act (HEA) prohibits any institution of higher education that receives federal student aid from compensating student recruiters with a commission, bonus, or other incentive payment based on the recruiters’ success in securing student enrollment.  The incentive compensation ban protects students against admissions and recruitment practices that serve the financial interests of the recruiter rather than the educational needs of the student.

“Higher education enrollment decisions should put students first,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division.  “Offering recruiters financial incentives to enroll students undermines students’ ability to make educational decisions in their own best interests.”

“Colleges should be places for students to learn and grow, not places to be taken advantage of by recruiters watching out for the own financial interests,” said U.S. Attorney Peter M. McCoy, Jr. for the District of South Carolina.  “This office will continue its efforts to protect students against illegal recruiting practices.”

“Today’s settlement is a result of the hard work and effort of the Office of Inspector General and the Department of Justice to protect and maintain the integrity of the Federal student aid programs,” said Neil Sanchez, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Southern Regional Office.  “We will continue to work together to ensure that Federal student aid funds are used as required by law. America’s taxpayers and students deserve nothing less.”

The settlement, which was based on SDCC’s ability to pay, resolves allegations that between 2014 and 2016, SDCC hired Joined, Inc., a California-based student recruiting company, to recruit students to SDCC.  The United States contended that SDCC compensated Joined with a share of the tuition that SDCC received from the enrollment of recruited students, in violation of the prohibition on incentive compensation. 

The allegations resolved by the settlement were brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Maurice Shoe, the co-owner of Joined.  The Act permits private parties to sue on behalf of the government for false claims and to receive a share of any recovery.  As part of today’s resolution, the whistleblower will receive $33,750.

This matter was investigated by the U.S. Attorney’s Office for the District of South Carolina and the Civil Division’s Commercial Litigation Branch.  Investigative assistance was provided by the Office of Inspector General of the Department of Education.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.  The case is captioned United States ex rel. Shoe v. San Diego Christian College, No. 6:16-cv-01570 (D.S.C.).

Source: https://www.justice.gov/opa/pr/california-university-pay-225000-allegedly-violating-ban-incentive-compensation

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