Legalized extortion in Smalltown U.S.A. (Portsmouth, Scioto, OH) - SOMC Part III

ONE.
Imagine a law promulgated against working and driving while intoxicated by alcohol and recreational drugs. It would seem a reasonable law. Now imagine a law promulgated against working and driving while intoxicated, a law applicable to the whole community except doctors, health personnel and policemen. It would be crazy, don’t you think? Intoxication is a crime for everyone, except for those who should control and punish intoxication. Isn’t it foolish?
Now read the following article of the U.S. Code:
“UNITED STATES CODE: TITLE 18 > PART I > CHAPTER 47 > § 1001
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.”

It says that everyone should be truthful, except counsels and other person involved in judicial proceedings. Everyone is bound to honesty, except those who are actually in charge of protecting honesty in our society, attorneys and judges. What do you think?
These loopholes are used by dishonest attorneys like R.E.Dever to collect legalized settlements by extortion – protected by the law -.

TWO
The problem of dishonest attorneys abusing the due process has been long known and debated in the highest echelon of the legislative system, as you can see by the following quotation of Judge Rehnquist.
“The potential for possible abuse of the liberal discovery [...] may likewise exist in this type of case to a greater extent than they do in other litigation. [...] To the extent that this process eventually produces relevant evidence, which is useful in determining the merits of the claims asserted by the parties, it bears the imprimatur of those Rules and of the many cases liberally interpreting them. But to the extent that it permits a plaintiff with a largely groundless claim to simply take up the time of a number of other people, with the right to do so representing an in terrorem increment of the settlement value, rather than a reasonably founded hope that the process will reveal relevant evidence, it is a social cost rather than a benefit. [Securities case: Blue Chip Stamps v. Manor Drug Stores, 1975 (per Rehnquist, J.)]
The belief that discovery is being widely abused was voiced also at the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice in April, 1976.”
Unfortunately, knowledge of the problem does not mean solution. It is like our health system. Nothing can interfere with business and income. Major university hospitals, medical boards, health associations know how many useless procedures are done in smaller community hospitals, how many doctors thrive with poor medicine. But nothing is done –officially- to limit “business medicine”, as nothing is done to limit “business justice”. Nothing can limit our self-destructive economical growth.
GOOD is not what helps you make money.
EVIL is not what makes you lose money.
JUSTICE is not protecting corporate interests.
There is a bit more to morality, ethics and justice

THREE
Mafia tactics, at least at the origin, were not related to major criminality, murders, drug dealing. Mafia was born to protect defenseless Sicilian people against the corrupted Borbonic police. When Borbonic domination ended, Mafia persisted for long time as a protection system based on extortion. It was made of simple things: “If you do not pay, I will break your house windows, steal your money, bother your family”. The victim had to gauge: “Do I spend more paying protection to the mobsters, or in fixing all the damage the mobsters can do to me if I do not pay”.
The well-connected attorney files a willful false complaint. The Court is acquiescent. The Bar Association disregards grievances, explaining that attorneys are not bound to be truthful in their complaints. No matter what is the merit and the value of the complaint, the defendant –usually far away form the accommodating Court- has to face discovery abuse, lengthy procedures, last minute cancellation of conferences, useless motions allowed to the local attorney, refusal of his genuine and commonsensical objections, and so on with more exasperating experiences. After years of legalized abuses, the defendant has to reason exactly like if confronted by mafia thugs: “Do I spend more paying protection to the mobsters, or in fixing all the damage the mobsters can do to me if I do not pay” – “Do I spend more accepting the abuse and paying whatever the mobster-attorney requests, or fighting for justice”. In this system controlled by corporations and law firms, the individual has no choice but to pay to protect his asset and his family against the legalized mafia organized by attorneys, courts and judges.

FOUR
The Dever's are well rooted in the local environment, holding tentacles in the compliant district Court as well in the only major corporation of the area, Southern Ohio Medical Center. With the "nihil obstat" released by the Ohio Supreme Supervising Agencies, the unbridled corporate attorney was able to file a false complaint, to deny what he himself wrote in the employment agreement, and to abuse groundless discoveries towards in terrorem settlement.
The power that the corporate attorney obtains in a small community (where his corporation is the largest and wealthiest employer in the region) is colossal. He uses patronage and nepotism to strengthen his position. Patronage is a system where someone in a powerful position (the Patron) offers handouts in return for support. Nepotism means favoring relatives or personal friends because of their relationship rather than because of their abilities and moral values (see below the executive board at SOMC).
But power, money and the compliant local Court allow him and his family to overcome unethical conduct, poor professional skills, dishonesty, personal and family failures. This is the Law of Power. Persons with limited assets loose their savings because of Dever’s family dishonesty and mistakes. Patients with limited income loose their house to pay for SOMC bills. But the Dever’s gain power and money, no matter what they do. The following list shows some information I collected from the community.
1) Rober R Dever: wrongful title searches at Portsmouth Banking Company, costing money to regular individual customers. Responsible for sloppy work, Robert R Dever, was pulled out of troubles because his father was in the Board of Directors and share holder of the bank. Thanks also to the incompetent performance of Senior and Junior R Dever, the bank was sold and dismantled. Holders of savings lost a lot of money in the liquidation of the Bank, while the Dever’s made millions.
2) Medicaid fraud attempt perpetrated by Mary Beth Dever as Director of SOMC Foundation (see following report from the Fraud and Investigative Audit Group).
a) “Ohio Medicaid Program
A Compliance Audit by the: Fraud and Investigative Audit Group
May 06, 2004
SOMC Medical Care Foundation
Mary Beth Dever, Administrative Director
Re: Audit of SOMC Medical Care Foundation
Dear Ms. Dever:
We have completed our audit of selected medical services rendered to Medicaid recipients by SOMC Medical Care Foundation for the period October 1, 1999 through September 30, 2002. We identified $96,022.85 in findings, which must be repaid to the Ohio Department of Job and Family Services. A “Provider Remittance Form” is located at the back of this report for remitting payment. The attached report details the bases for the findings. [....]
Sincerely,
Betty Montgomery, Auditor of State”
i) COMMENT:
Although the overpayment/over-billing seems a small amount considered the magnitude of today’s healthcare frauds, it is 60% of the total billing... in other words, for every 10$ of collected payment, around 6$ were earned from fraudulent billing. Did SOMC do the same with private insurance? Did SOMC deceitfully over-collected 60% extra from self-pay patients and from other private customers? Unfortunately we will never know, because most individual patients have no expertise to analyze complex hospital bills, nor they have resources to fight SOMC in Court. And why bother going to the local Court, where most of the Court staff (including judges) have favors to render to SOMC?
3) Robert R Dever was less than brilliant in his law studies, despite the strong support received by his father.
4) Mary B Dever was not smart enough to become an attorney. Still, R.E.Dever helped her daughter to become Director of the SOMC Foundation (see note above about Medicaid fraud).
5) R.E.Dever while driving under intoxication hit parked cars. The acquiescent local Sheriff and Troopers concealed the event.
6) Allegation of alcohol and drug use in immediate family members of the Dever’s.
7) Boone Coleman’s dark friendship.
8) People tricked out of property.
9) People tricked in giving away Power of Attorney.
10) Doctors legally persecuted because of disagreements with SOMC leadership (not mentioning myself).
11) Legal aggression against Mr.Wrage.
12) Complicity with Scioto County Engineer(s) and Commissioner(s).
13) Mary B Dever refusal to pay what she buys. Small Claim judge (M.Miller) does not release a fair verdict because of the complicity with R.E.Dever.
14) Other more personal stories that I do not want to disclose, because victims could be easily identified.
15) Failed marriages, dysfunctional kids.
16) My time spent at SOMC enduring legal bullying is an example of willful mendacities and abuses perpetrated by R.E.Dever, Mary Beth Dever and other SOMC administrative leaders (see links).
The community gives the privilege of administering justice to a person (esquire). This person uses the given privilege exclusively for personal wealth and power. He gets so used to his power that he does not even care to file sincere complaints. He has the complicity of the Court, which allows him to use all the unfair attorney’s tactics to persecute the adversary. Part of his fortune comes from putting liens on houses of sick people who cannot pay medical expenses to SOMC. There are no intellectual skills, no moral values. But we all know that money creates power, power brings more money... How a person like him can be referred to justice, when the Judicial System and the Supreme Court allow legal cheating and persecution? How can one stop him, when going all the way to the jury trial is so expensive that even a physician cannot afford it, because of all the unrestrained abuses of process that a well-connected attorney is permitted? How can citizens be entitled to Justice, when only corporations and over-privileged can afford the expenses of a fair and complete due process?

We thank for their kind participation:
1) Law Firm: Bannon, Howland & Dever Co., L.P.A.
Portsmouth, OH 45662
740-353-1157
2) Southern Ohio Medical Center (SOMC)
Portsmouth, Ohio 45662
CEO: Randal Arnett
Med Director: Kendal Stewart, MD
Head, Board of Directors: Robert E.Dever, Esq
Member, Board of Directors: Robert R.Dever, Esq
Director, SOMC Foundation: Mary Beth Dever
3) The Ohio State Bar
4) The Supreme Court of Ohio, Columbus, Ohio