Thursday, November 19, 2015

Key points of Dean K Zieglers Fraud Conviction (From supreme court appeal)

DISCLAIMER:  The intention of this post is to educate the reader about Dean Kevin Ziegler of Ziegler Chiropractic.  There is no intention of harassing, alarming or annoying anyone.  Dean K Ziegler has committed fraud and continued to commit fraud after the fact.  As a matter of public concern, I feel the general public has the right to know of Dean K Zieglers history so fraud is not committed against them.  His criminal history not only includes Fraud, but also harassment, abuse, and other summary offenses.  There are many chiropractors in the Allentown Area.  Should DEAN KEVIN ZIEGLER OF ZIEGLER CHIROPRACTIC be one of them?  I am also exercising my rights to Freedom of Speech and Freedom of the Press which are afforded to me by the First Amendment of the US Constitution.

--The affiant[s are] Detective Peter McAfee and Detective Barry
McCooley of the Insurance Fraud Task Force. They report that 
they received an anonymous tip from an individual indicating that 
the defendant in this case, Mr. Ziegler, had been submitting
bills for services that were not performed.
The caller also reported that at one point the defendant 
was in jail and the practice continued running without his 
     Based on that an investigation was initiated, You[r] Honor,
on August 5th of 2008. The Detectives determined that the 
defendant was  arrested for reckless endangerment and as a 
result of that he spent some time in Lehigh County Prison.
    The investigation further determined that while the
defendant was incarcerated, particularly in the dates of January 
23rd, January 27th, January 29th of 2009, as well as January 31st
of 2009, the defendant had submitted bills or had his practice 
submit bills for doctor examinations that had occurred on those
     Because he was incarcerated it was determined that doctor 
exams could not have been performed, based on his location at 
that point in time. Detectives further conducted an undercover 
operation where 13 appointments were made for treatment at
Ziegler Chiropractic.
     Detectives working in an undercover capacity and 
audiotaping the interactions that occurred at the Ziegler 
Chiropractic Clinic determined that doctor's exams were billed for 
approximately well, actually ten of the visits made by the
undercover officers when, in fact, doctor's  exams were not 
performed and compensation for that activity was submitted to 
State Farm Insurance, Infinity Insurance, Nationwide, [and] 
Titan AIG for those services that were in fact
not rendered.
--His  chiropractic license was not only an expected collateral consequence of 
his fraud conviction, to the extent that he believed he could circumvent the 
State Board of Chiropractic’s imminent determination and continue operating
a clinic, that misapprehension of the law did not undermine the validity of
the plea agreement.  

--The two (Dean K Ziegler and his attorney) discussed at length the probability 
that Appellant would lose his chiropractic license, and Appellant suggested 
relocating the practice to the Caribbean or seeking licensure in Texas. 

--In fact, in light of the strength of the Commonwealth’s insurance fraud case 
and Appellant’s inability to afford an expert to present a positive interpretation 
of his billing scheme, the reality of Appellant losing his license following his 
 conviction was so obvious, the chosen trial strategy was to delay the case and thereby
extend Appellant’s ability to continue to practice as long as possible.

--Attorney McGogney further explained that the Commonwealth had overwhelming 
evidence of the fraudulent billing, including the testimony of undercover investigators 
who were examined at Appellant’s office on one occasion but were charged for 
multiple procedures and examinations that were not performed.  

--The court announced, “Whatever little machinations were going on with you trying to
still continue to practice, when you have an insurance fraud conviction 
against you, is not relevant to whether or not the plea was knowing, intelligent and 
voluntary. It’s just not. And until I see some case law that says otherwise, this 
[argument] is approaching ridiculous.”  

--Attorney McGogney believed that the testimony presented by those witnesses would 
be sufficient to convict Appellant, particularly when Appellant was unable to present 
an expert to dispute the Commonwealth’s expert testimony regarding the billing codes. 

--Moreover, Attorney McGogney met with the insurance fraud investigators and learned 
that the Commonwealth was considering amending the criminal complaint to level 
several additional charges stemming from its investigation of Appellant’s 
 billing practices

--Attorney McGogney believed that the  plea agreement was the best that Appellant
could attain under the circumstances and he did not want to needlessly annoy 
the prosecution to obtain an inconsequential piece of evidence.

Who is a FRAUD and FELON?