Dont take my word about him...... See what others are saying!!
Thursday, July 30, 2015
How does Dean K Ziegler of Ziegler Chiropractic rate on popular sites?
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.
Friday, July 24, 2015
WHY.... I have been asked
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.
I was approached by a reader (actually this was asked of me on multiple occasions) as to what my drive is in having such an extensive site in honor of Dean K Ziegler of Ziegler Chiropractic (Allentown, PA). And here it is......
Ever since I worked as a paramedic, I NEVER appreciated any type of fraud. I dont trust people that commit fraud. Once a felon, always a felon. I did whatever I could to combat it. My partner has a cousin that is committing Social Security Fraud. I reported even her. Yes a near family member, I reported for fraud. When it comes to something I have passion about, anything goes.
In terms of Dean K Ziegler of Ziegler Chiropractic he was charged with and ADMITTED to fraud and has a history of showing he doesn't learn his lessons. My partner worked for him as a massage therapist. Being licensed in the state of PA, he could loose his license to practice if he was involved in any fraud. I didn't trust Dean K Ziegler of Ziegler Chiropractic AT ALL!!!. To protect my partner from his actions, I chose to stay a close "friend" to Dean. Little did he know, I was a covert SPY.
I was collecting intel from the moment I met him. I was protecting my partner from the harm Dean K Ziegler does. There was the time when Dean K Ziegler was going to jail (for fraud none the less) that he wanted patient records sent to an insurance company to try and reimburse payment. The thing was, these records were not created on the patients and Dean K Ziegler of Ziegler Chiropractic did not have any completed exams on them except the ones he did on a rare occasion. The thing with Dean K Ziegler of Ziegler Chiropractic is that he charged for exams with every massage although he did not do them. YES.... Even after being convicted with and admitting to fraud.
To protect my partner from creating the fraudulent records (which would violate his license requirements) I offered my services to be the one to create them. When the fraudulent records were mailed, I phoned the insurance company to let them know they were fraudulent.
I was already doing things for this felon of a looser like placing plastic wrap around doors and windows, computer work (dumb to give me passwords for), errands, etc. All for the purpose of collecting as much as I could on this idiot. I watched closely to what happened on a day to day basis at that felons practice to be sure my partner didn't get tied up with any of Dean K Ziegler of Ziegler Chiropractics shenanigans.
To give more hours to a massage therapist that he was paying under the table (of course..... MORE FRAUD), Dean K Ziegler of Ziegler Chiropractic was pushing my partner ever so daintily out the door. What ever bull he could try to use he did. For some reason, probably fear of finding another job, he wanted to keep his job there. So, I kept my partner informed on how to deal with the situation. But ultimately, I wanted him to quit.
Dean K Ziegler of Ziegler Chiropractic finally took the plunge and fired my partner, when he wouldn't leave on his own, for frivolous reasons. Look at that.... MORE FRAUD. He wouldn't prove the reasons for firing but it was apparent why. There is fraud in everything this corrupt jack ass does. I was elated that my partner was no longer involved with him.
He quickly found another job and is doing better than he ever did with Dean K Ziegler of Ziegler Chiropractic. Dean K Ziegler of Ziegler Chiropractic actually got my partner an interview at the establishment he works at today, providing a glowing recommendation.
Fast forward a few months. I am given word that Dean K Ziegler of Ziegler Chiropractic was still committing fraud. One patient stopped going when she learned of his history. Two others shared their bills with me. It is very easy for me to learn who his patients are. But he was still up to his same games. FRAUD!!!
I was disgusted. I had already reported him to every government agency I could. I wanted another way to control his fraudulent activities. I took to the internet. I wrote honest reviews and posted them where ever I could. This was my constitutional first amendment right to do so. Dean K Ziegler of Ziegler Chiropractic did not like this. He filed frivolous harassment charges against me in the form of a Private Criminal Complaint. HE LOST BIG TIME.
I was driven by his retaliation to do more. I started to create web sites (including this one) dedicated to educating people about the history of Dean K Ziegler of Ziegler Chiropractic. Again, protected by the First Amendment. To date... I have 7 sites. I have reviews of mine posted in about 18 places that I can remember. Where ever I could leave a note about him, I DID IT!! I have suggested that other patients write reviews. I know who they were-- thanks to the access Dean K Ziegler of Ziegler Chiropractic gave me to his computers including passwords to his software programs. I encouraged them to stay anonymous so he doesn't try to waste their time with frivolous harassment complaints.
Dean K Ziegler of Ziegler Chiropractic seems to think my drive for this campaign as he calls it is because he fired my partner. That is far from the truth. I was ecstatic to know he was no longer involved with him. Towards the end, I wasn't coming around because all Dean K Ziegler of Ziegler Chiropractic wanted to do was commit fraud with the workers comp claim I had open. I was always worried about protecting my parter but was relieved when he was fired.
So there you have it.... My drive to push my campaign. It is my hopes that NO patients ever go to him for treatment and he has to close up shop. But, not everyone accesses the internet and he has a select group of followers.
But there are active complaints on him. Hopefully, he looses his license again for a MUCH longer time. Forever would be grand.....
I was approached by a reader (actually this was asked of me on multiple occasions) as to what my drive is in having such an extensive site in honor of Dean K Ziegler of Ziegler Chiropractic (Allentown, PA). And here it is......
Ever since I worked as a paramedic, I NEVER appreciated any type of fraud. I dont trust people that commit fraud. Once a felon, always a felon. I did whatever I could to combat it. My partner has a cousin that is committing Social Security Fraud. I reported even her. Yes a near family member, I reported for fraud. When it comes to something I have passion about, anything goes.
In terms of Dean K Ziegler of Ziegler Chiropractic he was charged with and ADMITTED to fraud and has a history of showing he doesn't learn his lessons. My partner worked for him as a massage therapist. Being licensed in the state of PA, he could loose his license to practice if he was involved in any fraud. I didn't trust Dean K Ziegler of Ziegler Chiropractic AT ALL!!!. To protect my partner from his actions, I chose to stay a close "friend" to Dean. Little did he know, I was a covert SPY.
I was collecting intel from the moment I met him. I was protecting my partner from the harm Dean K Ziegler does. There was the time when Dean K Ziegler was going to jail (for fraud none the less) that he wanted patient records sent to an insurance company to try and reimburse payment. The thing was, these records were not created on the patients and Dean K Ziegler of Ziegler Chiropractic did not have any completed exams on them except the ones he did on a rare occasion. The thing with Dean K Ziegler of Ziegler Chiropractic is that he charged for exams with every massage although he did not do them. YES.... Even after being convicted with and admitting to fraud.
To protect my partner from creating the fraudulent records (which would violate his license requirements) I offered my services to be the one to create them. When the fraudulent records were mailed, I phoned the insurance company to let them know they were fraudulent.
I was already doing things for this felon of a looser like placing plastic wrap around doors and windows, computer work (dumb to give me passwords for), errands, etc. All for the purpose of collecting as much as I could on this idiot. I watched closely to what happened on a day to day basis at that felons practice to be sure my partner didn't get tied up with any of Dean K Ziegler of Ziegler Chiropractics shenanigans.
To give more hours to a massage therapist that he was paying under the table (of course..... MORE FRAUD), Dean K Ziegler of Ziegler Chiropractic was pushing my partner ever so daintily out the door. What ever bull he could try to use he did. For some reason, probably fear of finding another job, he wanted to keep his job there. So, I kept my partner informed on how to deal with the situation. But ultimately, I wanted him to quit.
Dean K Ziegler of Ziegler Chiropractic finally took the plunge and fired my partner, when he wouldn't leave on his own, for frivolous reasons. Look at that.... MORE FRAUD. He wouldn't prove the reasons for firing but it was apparent why. There is fraud in everything this corrupt jack ass does. I was elated that my partner was no longer involved with him.
He quickly found another job and is doing better than he ever did with Dean K Ziegler of Ziegler Chiropractic. Dean K Ziegler of Ziegler Chiropractic actually got my partner an interview at the establishment he works at today, providing a glowing recommendation.
Fast forward a few months. I am given word that Dean K Ziegler of Ziegler Chiropractic was still committing fraud. One patient stopped going when she learned of his history. Two others shared their bills with me. It is very easy for me to learn who his patients are. But he was still up to his same games. FRAUD!!!
I was disgusted. I had already reported him to every government agency I could. I wanted another way to control his fraudulent activities. I took to the internet. I wrote honest reviews and posted them where ever I could. This was my constitutional first amendment right to do so. Dean K Ziegler of Ziegler Chiropractic did not like this. He filed frivolous harassment charges against me in the form of a Private Criminal Complaint. HE LOST BIG TIME.
I was driven by his retaliation to do more. I started to create web sites (including this one) dedicated to educating people about the history of Dean K Ziegler of Ziegler Chiropractic. Again, protected by the First Amendment. To date... I have 7 sites. I have reviews of mine posted in about 18 places that I can remember. Where ever I could leave a note about him, I DID IT!! I have suggested that other patients write reviews. I know who they were-- thanks to the access Dean K Ziegler of Ziegler Chiropractic gave me to his computers including passwords to his software programs. I encouraged them to stay anonymous so he doesn't try to waste their time with frivolous harassment complaints.
Dean K Ziegler of Ziegler Chiropractic seems to think my drive for this campaign as he calls it is because he fired my partner. That is far from the truth. I was ecstatic to know he was no longer involved with him. Towards the end, I wasn't coming around because all Dean K Ziegler of Ziegler Chiropractic wanted to do was commit fraud with the workers comp claim I had open. I was always worried about protecting my parter but was relieved when he was fired.
So there you have it.... My drive to push my campaign. It is my hopes that NO patients ever go to him for treatment and he has to close up shop. But, not everyone accesses the internet and he has a select group of followers.
But there are active complaints on him. Hopefully, he looses his license again for a MUCH longer time. Forever would be grand.....
Wednesday, July 15, 2015
Allentown chiropractor sentenced to prison for insurance fraud, attacking girlfriend
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.
An Allentown chiropractor was sentenced to prison for defrauding insurance companies.In an unrelated case, he was also sentenced to prison for attacking his girlfriend and throwing her down a flight of stairs.
Dean Ziegler, 49, previously pleaded guilty to one count of insurance fraud, admitting he billed several companies for more than $6,000 of work he did not complete, according to court records.
Ziegler also previously admitted he broke his girlfriend's nose and threw her down the stairs at his business, which was at his home on the 100 block of South 14th Street.
Ziegler requested house arrest or immediate work release so he could continue working until his chiropractor license is revoked.
But Dantos said Ziegler minimized his crimes in private with his probation officer. She said she did not believe he was truly remorseful.
Glenn McGogney, Ziegler's defense attorney, said Ziegler's girlfriend has professed her love for Ziegler since the attack and wished to be reconcile with him.
McGogney hoped house arrest would allow Ziegler to work off his $6,300 in restitution, as well as pay child support for his 9-year-old daughter in Iowa.
But Lehigh County Senior Deputy District Attorney David Mussel echoed Dantos' claims that Ziegler had not fully taken responsibility for the crime, calling him a "spin doctor."
In exchange for pleading guilty to insurance fraud, 15 related felony charges were withdrawn, according to court records.
Ziegler could have faced up to seven years for the insurance fraud charge and up to two years for the simple assault charge, according to state law.
This is my favorite news article about Dean K. Ziegler of Ziegler Chiropractic. It deserves a repost.
Dean Ziegler, 49, previously pleaded guilty to one count of insurance fraud, admitting he billed several companies for more than $6,000 of work he did not complete, according to court records.
Ziegler also previously admitted he broke his girlfriend's nose and threw her down the stairs at his business, which was at his home on the 100 block of South 14th Street.
"I believe I'm a good and caring doctor who always cares about my patients," Ziegler said today before Lehigh County Judge Maria Dantos.Ziegler was sentenced to four to 12 months for the insurance fraud and one to 11 months for simple assault. In all, he faces up to almost two years in Lehigh County Prison.
"If I could change what happened, I would," he said. "I can only change myself and what lies ahead, and what lies ahead relies solely upon myself."
Ziegler requested house arrest or immediate work release so he could continue working until his chiropractor license is revoked.
But Dantos said Ziegler minimized his crimes in private with his probation officer. She said she did not believe he was truly remorseful.
"You're not as smart as you think you are," Dantos said.She rejected the request for house arrest, and made him eligible for work release only after half his sentence is served.
Glenn McGogney, Ziegler's defense attorney, said Ziegler's girlfriend has professed her love for Ziegler since the attack and wished to be reconcile with him.
McGogney hoped house arrest would allow Ziegler to work off his $6,300 in restitution, as well as pay child support for his 9-year-old daughter in Iowa.
But Lehigh County Senior Deputy District Attorney David Mussel echoed Dantos' claims that Ziegler had not fully taken responsibility for the crime, calling him a "spin doctor."
"He's been talking a lot in circles, a lot of misdirection," Mussel said. "In a sense, judge, he thinks everyone is dumber than he is."Ziegler was released today to take care of his affairs and work and will report back to prison Friday to begin his sentence, Dantos said.
In exchange for pleading guilty to insurance fraud, 15 related felony charges were withdrawn, according to court records.
Ziegler could have faced up to seven years for the insurance fraud charge and up to two years for the simple assault charge, according to state law.
Monday, July 6, 2015
DEAN KEVIN ZIEGLER, GUILTY of yet another SUMMARY OFFENSE...
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.
Seems that Dean Kevin Ziegler plead GUILTY to another SUMMARY OFFENSE costing him $119.50... History shows he doesn't learn his lessons. He was previously charged with harassment and abuse and put on probation. While on Probation he violates it by committing more crimes. He is then put in jail because of the parole violation. While in Jail, he commits FRAUD. While he is going to jail for FRAUD he continues to commit more FRAUD. This idiot just doesn't learn. Would you trust a "doctor" that isn't responsible enough to follow a simple parking regulation or even pay the ticket after the fact so it doesn't become a SUMMARY OFFENSE? Just another example of how careless and disorganized he is as a "doctor". Time after time.... This isn't the first SUMMARY OFFENSE (or CRIMINAL CHARGE) for this looser. No wonder why he was charged with FRAUD. FRAUD should be his middle name to properly fit his FELONY CRIMINAL HISTORY. Don't support the business of someone that is so careless and irresponsible. Especially, one with such a criminal history like Dean Kevin Ziegler.
Seems that Dean Kevin Ziegler plead GUILTY to another SUMMARY OFFENSE costing him $119.50... History shows he doesn't learn his lessons. He was previously charged with harassment and abuse and put on probation. While on Probation he violates it by committing more crimes. He is then put in jail because of the parole violation. While in Jail, he commits FRAUD. While he is going to jail for FRAUD he continues to commit more FRAUD. This idiot just doesn't learn. Would you trust a "doctor" that isn't responsible enough to follow a simple parking regulation or even pay the ticket after the fact so it doesn't become a SUMMARY OFFENSE? Just another example of how careless and disorganized he is as a "doctor". Time after time.... This isn't the first SUMMARY OFFENSE (or CRIMINAL CHARGE) for this looser. No wonder why he was charged with FRAUD. FRAUD should be his middle name to properly fit his FELONY CRIMINAL HISTORY. Don't support the business of someone that is so careless and irresponsible. Especially, one with such a criminal history like Dean Kevin Ziegler.
Thursday, July 2, 2015
When someone doesn't pay their parking tickets.....
DISCLAIMER: The intention of this post is to educate the reader about Dean K 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. I am also exercising my First Amendment right to Freedom of Speech.
They become SUMMARY OFFENSES!!! Dean Kevin Ziegler of Ziegler Chiropractic has lined himself up for yet another. He keeps getting Summary offense after Summary offense. He is not responsible enough to pay a simple parking ticket. I should say MULTIPLE summary offenses he has for this. And people are expected to trust this looser to their health. I THINK NOT!! Lets see where this one goes. Stay tuned for his Guilty Plea
They become SUMMARY OFFENSES!!! Dean Kevin Ziegler of Ziegler Chiropractic has lined himself up for yet another. He keeps getting Summary offense after Summary offense. He is not responsible enough to pay a simple parking ticket. I should say MULTIPLE summary offenses he has for this. And people are expected to trust this looser to their health. I THINK NOT!! Lets see where this one goes. Stay tuned for his Guilty Plea
Wednesday, July 1, 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 K 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. I am also exercising my First Amendment right to Freedom of Speech.
--The affiant[s are] Detective Peter McAfee and Detective Barry
--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
supervision.
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
dates.
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.
Monday, June 22, 2015
WHY.... I have been asked
DISCLAIMER: The intention of this post is to educate the reader about Dean K 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. I am also exercising my First Amendment right to Free Speech.
I was approached by a reader (actually this was asked of me on multiple occasions) as to what my drive is in having such an extensive site in honor of Dean K Ziegler of Ziegler Chiropractic (Allentown, PA). And here it is......
Ever since I worked as a paramedic, I NEVER appreciated any type of fraud. I dont trust people that commit fraud. Once a felon, always a felon. I did whatever I could to combat it. My partner has a cousin that is committing Social Security Fraud. I reported even her. Yes a near family member, I reported for fraud. When it comes to something I have passion about, anything goes.
In terms of Dean K Ziegler of Ziegler Chiropractic he was charged with and ADMITTED to fraud and has a history of showing he doesn't learn his lessons. My partner worked for him as a massage therapist. Being licensed in the state of PA, he could loose his license to practice if he was involved in any fraud. I didn't trust Dean K Ziegler of Ziegler Chiropractic AT ALL!!!. To protect my partner from his actions, I chose to stay a close "friend" to Dean. Little did he know, I was a covert SPY.
I was collecting intel from the moment I met him. I was protecting my partner from the harm Dean K Ziegler does. There was the time when Dean K Ziegler was going to jail (for fraud none the less) that he wanted patient records sent to an insurance company to try and reimburse payment. The thing was, these records were not created on the patients and Dean K Ziegler of Ziegler Chiropractic did not have any completed exams on them except the ones he did on a rare occasion. The thing with Dean K Ziegler of Ziegler Chiropractic is that he charged for exams with every massage although he did not do them. YES.... Even after being convicted with and admitting to fraud.
To protect my partner from creating the fraudulent records (which would violate his license requirements) I offered my services to be the one to create them. When the fraudulent records were mailed, I phoned the insurance company to let them know they were fraudulent.
I was already doing things for this felon of a looser like placing plastic wrap around doors and windows, computer work (dumb to give me passwords for), errands, etc. All for the purpose of collecting as much as I could on this idiot. I watched closely to what happened on a day to day basis at that felons practice to be sure my partner didn't get tied up with any of Dean K Ziegler of Ziegler Chiropractics shenanigans.
To give more hours to a massage therapist that he was paying under the table (of course..... MORE FRAUD), Dean K Ziegler of Ziegler Chiropractic was pushing my partner ever so daintily out the door. What ever bull he could try to use he did. For some reason, probably fear of finding another job, he wanted to keep his job there. So, I kept my partner informed on how to deal with the situation. But ultimately, I wanted him to quit.
Dean K Ziegler of Ziegler Chiropractic finally took the plunge and fired my partner, when he wouldn't leave on his own, for frivolous reasons. Look at that.... MORE FRAUD. He wouldn't prove the reasons for firing but it was apparent why. There is fraud in everything this corrupt jack ass does. I was elated that my partner was no longer involved with him.
He quickly found another job and is doing better than he ever did with Dean K Ziegler of Ziegler Chiropractic. Dean K Ziegler of Ziegler Chiropractic actually got my partner an interview at the establishment he works at today, providing a glowing recommendation.
Fast forward a few months. I am given word that Dean K Ziegler of Ziegler Chiropractic was still committing fraud. One patient stopped going when she learned of his history. Two others shared their bills with me. It is very easy for me to learn who his patients are. But he was still up to his same games. FRAUD!!!
I was disgusted. I had already reported him to every government agency I could. I wanted another way to control his fraudulent activities. I took to the internet. I wrote honest reviews and posted them where ever I could. This was my constitutional first amendment right to do so. Dean K Ziegler of Ziegler Chiropractic did not like this. He filed frivolous harassment charges against me in the form of a Private Criminal Complaint. HE LOST BIG TIME.
I was driven by his retaliation to do more. I started to create web sites (including this one) dedicated to educating people about the history of Dean K Ziegler of Ziegler Chiropractic. Again, protected by the First Amendment. To date... I have 7 sites. I have reviews of mine posted in about 18 places that I can remember. Where ever I could leave a note about him, I DID IT!! I have suggested that other patients write reviews. I know who they were-- thanks to the access Dean K Ziegler of Ziegler Chiropractic gave me to his computers including passwords to his software programs. I encouraged them to stay anonymous so he doesn't try to waste their time with frivolous harassment complaints.
Dean K Ziegler of Ziegler Chiropractic seems to think my drive for this campaign as he calls it is because he fired my partner. That is far from the truth. I was ecstatic to know he was no longer involved with him. Towards the end, I wasn't coming around because all Dean K Ziegler of Ziegler Chiropractic wanted to do was commit fraud with the workers comp claim I had open. I was always worried about protecting my parter but was relieved when he was fired.
So there you have it.... My drive to push my campaign. It is my hopes that NO patients ever go to him for treatment and he has to close up shop. But, not everyone accesses the internet and he has a select group of followers.
But there are active complaints on him. Hopefully, he looses his license again for a MUCH longer time. Forever would be grand.....
I was approached by a reader (actually this was asked of me on multiple occasions) as to what my drive is in having such an extensive site in honor of Dean K Ziegler of Ziegler Chiropractic (Allentown, PA). And here it is......
Ever since I worked as a paramedic, I NEVER appreciated any type of fraud. I dont trust people that commit fraud. Once a felon, always a felon. I did whatever I could to combat it. My partner has a cousin that is committing Social Security Fraud. I reported even her. Yes a near family member, I reported for fraud. When it comes to something I have passion about, anything goes.
In terms of Dean K Ziegler of Ziegler Chiropractic he was charged with and ADMITTED to fraud and has a history of showing he doesn't learn his lessons. My partner worked for him as a massage therapist. Being licensed in the state of PA, he could loose his license to practice if he was involved in any fraud. I didn't trust Dean K Ziegler of Ziegler Chiropractic AT ALL!!!. To protect my partner from his actions, I chose to stay a close "friend" to Dean. Little did he know, I was a covert SPY.
I was collecting intel from the moment I met him. I was protecting my partner from the harm Dean K Ziegler does. There was the time when Dean K Ziegler was going to jail (for fraud none the less) that he wanted patient records sent to an insurance company to try and reimburse payment. The thing was, these records were not created on the patients and Dean K Ziegler of Ziegler Chiropractic did not have any completed exams on them except the ones he did on a rare occasion. The thing with Dean K Ziegler of Ziegler Chiropractic is that he charged for exams with every massage although he did not do them. YES.... Even after being convicted with and admitting to fraud.
To protect my partner from creating the fraudulent records (which would violate his license requirements) I offered my services to be the one to create them. When the fraudulent records were mailed, I phoned the insurance company to let them know they were fraudulent.
I was already doing things for this felon of a looser like placing plastic wrap around doors and windows, computer work (dumb to give me passwords for), errands, etc. All for the purpose of collecting as much as I could on this idiot. I watched closely to what happened on a day to day basis at that felons practice to be sure my partner didn't get tied up with any of Dean K Ziegler of Ziegler Chiropractics shenanigans.
To give more hours to a massage therapist that he was paying under the table (of course..... MORE FRAUD), Dean K Ziegler of Ziegler Chiropractic was pushing my partner ever so daintily out the door. What ever bull he could try to use he did. For some reason, probably fear of finding another job, he wanted to keep his job there. So, I kept my partner informed on how to deal with the situation. But ultimately, I wanted him to quit.
Dean K Ziegler of Ziegler Chiropractic finally took the plunge and fired my partner, when he wouldn't leave on his own, for frivolous reasons. Look at that.... MORE FRAUD. He wouldn't prove the reasons for firing but it was apparent why. There is fraud in everything this corrupt jack ass does. I was elated that my partner was no longer involved with him.
He quickly found another job and is doing better than he ever did with Dean K Ziegler of Ziegler Chiropractic. Dean K Ziegler of Ziegler Chiropractic actually got my partner an interview at the establishment he works at today, providing a glowing recommendation.
Fast forward a few months. I am given word that Dean K Ziegler of Ziegler Chiropractic was still committing fraud. One patient stopped going when she learned of his history. Two others shared their bills with me. It is very easy for me to learn who his patients are. But he was still up to his same games. FRAUD!!!
I was disgusted. I had already reported him to every government agency I could. I wanted another way to control his fraudulent activities. I took to the internet. I wrote honest reviews and posted them where ever I could. This was my constitutional first amendment right to do so. Dean K Ziegler of Ziegler Chiropractic did not like this. He filed frivolous harassment charges against me in the form of a Private Criminal Complaint. HE LOST BIG TIME.
I was driven by his retaliation to do more. I started to create web sites (including this one) dedicated to educating people about the history of Dean K Ziegler of Ziegler Chiropractic. Again, protected by the First Amendment. To date... I have 7 sites. I have reviews of mine posted in about 18 places that I can remember. Where ever I could leave a note about him, I DID IT!! I have suggested that other patients write reviews. I know who they were-- thanks to the access Dean K Ziegler of Ziegler Chiropractic gave me to his computers including passwords to his software programs. I encouraged them to stay anonymous so he doesn't try to waste their time with frivolous harassment complaints.
Dean K Ziegler of Ziegler Chiropractic seems to think my drive for this campaign as he calls it is because he fired my partner. That is far from the truth. I was ecstatic to know he was no longer involved with him. Towards the end, I wasn't coming around because all Dean K Ziegler of Ziegler Chiropractic wanted to do was commit fraud with the workers comp claim I had open. I was always worried about protecting my parter but was relieved when he was fired.
So there you have it.... My drive to push my campaign. It is my hopes that NO patients ever go to him for treatment and he has to close up shop. But, not everyone accesses the internet and he has a select group of followers.
But there are active complaints on him. Hopefully, he looses his license again for a MUCH longer time. Forever would be grand.....
Thursday, June 18, 2015
Dean K Ziegler admits to fraud, appeals the decision with the PA Superior Court, and looses. His misdirection and spin doctor ways shows within...
DISCLAIMER: The intention of this post is to educate the reader about Dean K 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. I am also exercising my First Amendment right to Free Speech.
DEANK K ZIEGLER OF ZIEGLER CHIROPRACTIC DOESN'T DO WELL WITH LEGAL ISSUES.
He has a history of.... LOOSING!!! Go figure.... No one ever said he was smart. Just conniving!
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J-S73028-13 Judgment Entered.
Joseph D. Seletyn, Esq. Prothonotary
Date: 12/17/2013
DEANK K ZIEGLER OF ZIEGLER CHIROPRACTIC DOESN'T DO WELL WITH LEGAL ISSUES.
He has a history of.... LOOSING!!! Go figure.... No one ever said he was smart. Just conniving!
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, Appellee
v. DEAN KEVIN ZIEGLER,
Appellant
Appeal from the PCRA Order January 22, 2013
In the Court of Common Pleas of Lehigh County Criminal Division at No(s): CP-39-CR-0000680-2011
BEFORE: FORDELLIOTT,P.J.E.,BOWES,andOTT,JJ.
MEMORANDUM BY BOWES, J.: FILED DECEMBER 17, 2013
Dean Kevin Ziegler appeals from the January 22, 2013 order denying his first PCRA petition. We affirm.
On December 14, 2011, Appellant, who was a chiropractor, pled guilty to insurance fraud1 graded as a third degree felony at this criminal at this criminal action number and to simple assault at an unrelated action number.
Appellant does not challenge the guilty plea for simple assault that was ____________________________________________
1
v. DEAN KEVIN ZIEGLER,
Appellant
Appeal from the PCRA Order January 22, 2013
In the Court of Common Pleas of Lehigh County Criminal Division at No(s): CP-39-CR-0000680-2011
BEFORE: FORDELLIOTT,P.J.E.,BOWES,andOTT,JJ.
MEMORANDUM BY BOWES, J.: FILED DECEMBER 17, 2013
Dean Kevin Ziegler appeals from the January 22, 2013 order denying his first PCRA petition. We affirm.
On December 14, 2011, Appellant, who was a chiropractor, pled guilty to insurance fraud1 graded as a third degree felony at this criminal at this criminal action number and to simple assault at an unrelated action number.
Appellant does not challenge the guilty plea for simple assault that was ____________________________________________
1
IN THE SUPERIOR COURT OF PENNSYLVANIA
No. 598 EDA 2013
No. 598 EDA 2013
Appellant pled guilty to insurance fraud pursuant to 18 Pa.C.S. § 4117(a)(2). In Commonwealth v. Stern, 701 A.2d 568 (Pa. 1997), our Supreme Court held that a related subsection, 18 Pa.C.S. § 4117(b)(1), which criminalized the payment of referral fees to non-lawyers, to be an unconstitutional encroachment upon the High Court’s exclusive authority to supervise the conduct of attorneys in Pennsylvania. However, that holding did not implicate the remainder of the section insofar as it does not involve the Supreme Court’s authority to govern the practice of law.
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instituted after he punched his girlfriend in the face. The Commonwealth outlined the factual basis for the pertinent guilty plea as follows:
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 supervision.
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 dates.
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.
Total services billed were slightly over $2,000.
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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 supervision.
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 dates.
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.
Total services billed were slightly over $2,000.
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N.T., 12/14/11, 5-8.Appellant retained Glenn McGogney, Esquire, to negotiate the plea
agreement. In exchange for Appellant’s guilty plea to one count of insurance fraud in this case, the Commonwealth agreed to limit Appellant’s minimum sentence exposure to four month’s imprisonment and to withdraw the remaining charges. Following an oral guilty plea colloquy and confirmation of Appellant’s execution of a written plea colloquy, the trial court accepted Appellant’s guilty plea. On January 28, 2012, the trial court imposed four to twelve month’s imprisonment. Additionally, the same day, the trial court imposed a consecutive sentence of one to eleven months imprisonment for the simple assault. Thus, Appellant’s aggregate term of imprisonment was five months to twenty three months imprisonment.
Appellant failed to file a direct appeal. Instead, on October 9, 2012, Appellant timely filed a pro se PCRA petition. Counsel was appointed and filed an amended PCRA petition challenging Attorney McGogney’s effectiveness for incorrectly advising him of the collateral consequences of his guilty plea to insurance fraud and in failing to request certain discovery from the Commonwealth prior to negotiating the plea agreement. Following an evidentiary hearing, the PCRA court denied the amended petition and penned a comprehensive opinion outlining the reasons for its decision to deny relief. This timely appeal followed. Appellant complied with the PCRA court’s order to file a concise statement of errors complained of on appeal
agreement. In exchange for Appellant’s guilty plea to one count of insurance fraud in this case, the Commonwealth agreed to limit Appellant’s minimum sentence exposure to four month’s imprisonment and to withdraw the remaining charges. Following an oral guilty plea colloquy and confirmation of Appellant’s execution of a written plea colloquy, the trial court accepted Appellant’s guilty plea. On January 28, 2012, the trial court imposed four to twelve month’s imprisonment. Additionally, the same day, the trial court imposed a consecutive sentence of one to eleven months imprisonment for the simple assault. Thus, Appellant’s aggregate term of imprisonment was five months to twenty three months imprisonment.
Appellant failed to file a direct appeal. Instead, on October 9, 2012, Appellant timely filed a pro se PCRA petition. Counsel was appointed and filed an amended PCRA petition challenging Attorney McGogney’s effectiveness for incorrectly advising him of the collateral consequences of his guilty plea to insurance fraud and in failing to request certain discovery from the Commonwealth prior to negotiating the plea agreement. Following an evidentiary hearing, the PCRA court denied the amended petition and penned a comprehensive opinion outlining the reasons for its decision to deny relief. This timely appeal followed. Appellant complied with the PCRA court’s order to file a concise statement of errors complained of on appeal
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and the trial court issued a Rule 1925(a) opinion that relied upon its prior expression of rationale.
Appellant raises a single two-part question for our review:
Whether the lower court erred by denying the defendant’s P.C.R.A. petition which was based upon the defendant’s belief that trial counsel was ineffective for incorrectly advising the defendant as to the repercussions that would occur regarding his business license and couns[e]l’s failure to properly obtain all discovery in this case which resulted in defendant’s entry of a guilty plea when the defendant believed he was innocent?
Appellant’s brief at 7.
“Our standard of review in an appeal from the grant or denial of PCRA
relief requires us to determine whether the ruling of the PCRA court is supported by the record and is free from legal error.” Commonwealth v. Lesko, 15 A.3d 345, 358 (Pa. 2011).
This review is limited to the findings of the PCRA court and the evidence of record. Id. We will not disturb a PCRA court's ruling if it is supported by evidence of record and is free of legal error. Id. ThisCourtmayaffirmaPCRAcourt'sdecisiononany grounds if the record supports it. Id. Further, we grant great deference to the factual findings of the PCRA court and will not disturb those findings unless they have no support in the record. Commonwealth v. Carter, 21 A.3d 680, 682 (Pa.Super. 2011). However, we afford no such deference to its legal conclusions. Commonwealth v. Paddy, 609 Pa. 272, 15 A.3d 431, 442 (2011); Commonwealth v. Reaves, 592 Pa. 134, 923 A.2d 1119, 1124 (2007). Where the petitioner raises questions of law, our standard of review is de novo and our scope of review plenary. Commonwealth v. Colavita, 606 Pa. 1, 993 A.2d 874, 886 (2010).
Commonwealth v. Ford, 44 A.3d 1190, 1194 (Pa.Super. 2012).
Appellant raises a single two-part question for our review:
Whether the lower court erred by denying the defendant’s P.C.R.A. petition which was based upon the defendant’s belief that trial counsel was ineffective for incorrectly advising the defendant as to the repercussions that would occur regarding his business license and couns[e]l’s failure to properly obtain all discovery in this case which resulted in defendant’s entry of a guilty plea when the defendant believed he was innocent?
Appellant’s brief at 7.
“Our standard of review in an appeal from the grant or denial of PCRA
relief requires us to determine whether the ruling of the PCRA court is supported by the record and is free from legal error.” Commonwealth v. Lesko, 15 A.3d 345, 358 (Pa. 2011).
This review is limited to the findings of the PCRA court and the evidence of record. Id. We will not disturb a PCRA court's ruling if it is supported by evidence of record and is free of legal error. Id. ThisCourtmayaffirmaPCRAcourt'sdecisiononany grounds if the record supports it. Id. Further, we grant great deference to the factual findings of the PCRA court and will not disturb those findings unless they have no support in the record. Commonwealth v. Carter, 21 A.3d 680, 682 (Pa.Super. 2011). However, we afford no such deference to its legal conclusions. Commonwealth v. Paddy, 609 Pa. 272, 15 A.3d 431, 442 (2011); Commonwealth v. Reaves, 592 Pa. 134, 923 A.2d 1119, 1124 (2007). Where the petitioner raises questions of law, our standard of review is de novo and our scope of review plenary. Commonwealth v. Colavita, 606 Pa. 1, 993 A.2d 874, 886 (2010).
Commonwealth v. Ford, 44 A.3d 1190, 1194 (Pa.Super. 2012).
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Herein, Appellant contends that his guilty plea was induced by plea counsel’s ineffectiveness. Our Supreme Court recently reiterated the applicable legal principles relating to the right to constitutionally effective counsel as follows:
Appellant may only obtain relief if [he] pleads and proves by a preponderance of the evidence that [his] conviction resulted from ineffective assistance of counsel that, under the circumstances, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place. See 42 Pa.C.S. § 9543(a)(2)(ii). The Pennsylvania test for ineffectiveness is, in substance, the same as the two- part performance-and-prejudice standard set forth by the United States Supreme Court, see Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984), although this Court has divided the performance element into two sub-parts dealing with arguable merit and reasonable strategy. Thus, to succeed on an ineffectiveness claim, a petitioner must establish that: the underlying legal claim has arguable merit; counsel had no reasonable basis for her action or inaction; and the petitioner suffered prejudice as a result. See Commonwealth v. Pierce, 515 Pa. 153, 158–60, 527 A.2d 973, 975–76 (1987). To demonstrate prejudice, the petitioner must show that “there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694, 104 S.Ct. at 2068; accord Commonwealth v. Cox, 603 Pa. 223, 243, 983 A.2d 666, 678 (2009). A reasonable probability is a probability sufficient to undermine confidence in the outcome of the proceeding. See Commonwealth v. Ali, 608 Pa. 71, 86– 87, 10 A.3d 282, 291 (2010). No relief is due, however, on any claim that has been waived or previously litigated, as those terms have been construed in the decisions of this Court. See 42 Pa.C.S. § 9543(a)(3).
Commonwealth v. King, 57 A.3d 607, 613 (Pa. 2012).As it relates to the entry of a guilty plea, allegations of plea counsel’s
ineffectiveness will not form a basis for relief unless the alleged
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Appellant may only obtain relief if [he] pleads and proves by a preponderance of the evidence that [his] conviction resulted from ineffective assistance of counsel that, under the circumstances, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place. See 42 Pa.C.S. § 9543(a)(2)(ii). The Pennsylvania test for ineffectiveness is, in substance, the same as the two- part performance-and-prejudice standard set forth by the United States Supreme Court, see Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984), although this Court has divided the performance element into two sub-parts dealing with arguable merit and reasonable strategy. Thus, to succeed on an ineffectiveness claim, a petitioner must establish that: the underlying legal claim has arguable merit; counsel had no reasonable basis for her action or inaction; and the petitioner suffered prejudice as a result. See Commonwealth v. Pierce, 515 Pa. 153, 158–60, 527 A.2d 973, 975–76 (1987). To demonstrate prejudice, the petitioner must show that “there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694, 104 S.Ct. at 2068; accord Commonwealth v. Cox, 603 Pa. 223, 243, 983 A.2d 666, 678 (2009). A reasonable probability is a probability sufficient to undermine confidence in the outcome of the proceeding. See Commonwealth v. Ali, 608 Pa. 71, 86– 87, 10 A.3d 282, 291 (2010). No relief is due, however, on any claim that has been waived or previously litigated, as those terms have been construed in the decisions of this Court. See 42 Pa.C.S. § 9543(a)(3).
Commonwealth v. King, 57 A.3d 607, 613 (Pa. 2012).As it relates to the entry of a guilty plea, allegations of plea counsel’s
ineffectiveness will not form a basis for relief unless the alleged
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ineffectiveness caused the defendant to enter the plea involuntarily or unknowingly. See Commonwealth v. Anderson, 995 A.2d 1184, 1192 (Pa.Super. 2010). Voluntariness is gauged in terms of “whether counsel’s advice was within the range of competence demanded of attorneys in criminal cases.” Id. (quoting Commonwealth v. Moser, 921 A.2d 526, 531 (Pa.Super. 2007)). In assessing the sufficiency of a guilty plea colloquy, we review the totality of the circumstances and the entire record, including plea counsel’s testimony during the PCRA hearing. Commonwealth v. Morrison, 878 A.2d 102, 107 (Pa.Super. 2005) (en banc).
In order to ensure a voluntary, knowing, and intelligent plea, the trial court is required to make the following inquiries:
1) Does the defendant understand the nature of the charges to which he or she is pleading guilty or nolo contendere?
2) Is there a factual basis for the plea?
3) Does the defendant understand that he or she has the right to a trial by jury?
4) Does the defendant understand that he or she is presumed innocent until found guilty?
5) Is the defendant aware of the permissible ranges of sentences and/or fines for the offenses charged?
6) Is the defendant aware that the judge is not bound by the terms of any plea agreement tendered unless the judge accepts such agreement?
Commonwealth v. Pollard, 832 A.2d 517, 522-523 (Pa.Super. 2003); Comment to Pa.R.Crim.P. 590(A)(2).
In order to ensure a voluntary, knowing, and intelligent plea, the trial court is required to make the following inquiries:
1) Does the defendant understand the nature of the charges to which he or she is pleading guilty or nolo contendere?
2) Is there a factual basis for the plea?
3) Does the defendant understand that he or she has the right to a trial by jury?
4) Does the defendant understand that he or she is presumed innocent until found guilty?
5) Is the defendant aware of the permissible ranges of sentences and/or fines for the offenses charged?
6) Is the defendant aware that the judge is not bound by the terms of any plea agreement tendered unless the judge accepts such agreement?
Commonwealth v. Pollard, 832 A.2d 517, 522-523 (Pa.Super. 2003); Comment to Pa.R.Crim.P. 590(A)(2).
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Herein, Appellant does not specifically challenge any of the foregoing factors. Instead, the crux of Appellant’s ineffective assistance claim is that Attorney McGogney was ineffective in advising him of the consequences that his guilty plea would have upon his chiropractic practice. Significantly, however, Appellant does not assert that counsel failed to inform him that he would likely lose his license to practice chiropractic medicine following his conviction. Instead, conceding that the pertinent advice was, in fact, proffered, Appellant contends that counsel mislead him to believe that he could continue his professional practice without a license by forming a professional corporation. Appellant maintains that had Attorney McGogney given him correct advice, he would not have pled guilty.
The certified record belies Appellant’s contention that his plea was induced by counsel’s ineffectiveness. First, it is well settled that plea counsel need not advise a defendant client of collateral consequences of a conviction. See Commonwealth v. Abraham, 62 A.3d 343, 350 (Pa. 2012) (“[Commonwealth v. Frometa, 555 A.2d 92, 93 (1989)] general holding remains: a defendant's lack of knowledge of collateral consequences of the entry of a guilty plea does not undermine the validity of the plea, and counsel is therefore not constitutionally ineffective for failure to advise a defendant of the collateral consequences of a guilty plea.”). The High Court further explained, “[t]he distinction between a direct and collateral consequence of a guilty plea has been effectively defined by this Court as
The certified record belies Appellant’s contention that his plea was induced by counsel’s ineffectiveness. First, it is well settled that plea counsel need not advise a defendant client of collateral consequences of a conviction. See Commonwealth v. Abraham, 62 A.3d 343, 350 (Pa. 2012) (“[Commonwealth v. Frometa, 555 A.2d 92, 93 (1989)] general holding remains: a defendant's lack of knowledge of collateral consequences of the entry of a guilty plea does not undermine the validity of the plea, and counsel is therefore not constitutionally ineffective for failure to advise a defendant of the collateral consequences of a guilty plea.”). The High Court further explained, “[t]he distinction between a direct and collateral consequence of a guilty plea has been effectively defined by this Court as
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the distinction between a criminal penalty and a civil requirement over which
a sentencing judge has no control.”2 Id. (citation omitted). Instantly, it is
beyond cavil that the judge presiding over the fraud trial lacked any control
over the State Board of Chiropractic’s decision to prohibit Appellant from
practicing chiropractic medicine much less the authority to address the
propriety of the corporate structure of Appellant’s practice.3 Hence, losing ____________________________________________
2 While it is not pertinent to our review in the case at bar, the Supreme Court in Commonwealth v. Abraham, 62 A.3d 343, 350 (Pa. 2012) adopted the two-step analysis the United States Supreme Court employed in Smith v. Doe, 538 U.S. 84 (2003), to assess whether a statute is punitive. That analysis, which is not relevant herein, first considers whether the legislature intended the provision to be punitive. Thereafter, “[i]f the intent is found to be nonpunitive and therefore civil, the second inquiry is whether, despite this intent, the statute is so punitive either in purpose or effect as to negate the intention to deem it civil. Id. (citations and original brackets and quotations omitted). The latter analysis entails a review of “seven factors as ‘useful guideposts’ for determining whether the statute imposes criminal punishment.” Id. at 351. Those factors are as follows:
(1) whether the sanction involves an affirmative disability or restraint; (2) whether it has historically been regarded as punishment; (3) whether it comes into play only on a finding of scienter; (4) whether its operation will promote the traditional aims of punishment—retribution and deterrence; (5) whether the behavior to which it applies is already a crime; (6) whether an alternative purpose to which it may rationally be connected is assignable for it; and (7) whether it appears excessive in relation to the alternative purpose assigned.
Id. (quoting Commonwealth v. Williams, 832 A.2d 962, 973) (Pa. 2003)).
3 In Pennsylvania, the State Board of Chiropractic regulates the licensure of chiropractors. See Chiropractic Practice Act, 63 P.S. §§ 625.101 - 625.1106. As of the date of the PCRA hearing, Appellant maintained his chiropractic license.
a sentencing judge has no control.”2 Id. (citation omitted). Instantly, it is
beyond cavil that the judge presiding over the fraud trial lacked any control
over the State Board of Chiropractic’s decision to prohibit Appellant from
practicing chiropractic medicine much less the authority to address the
propriety of the corporate structure of Appellant’s practice.3 Hence, losing ____________________________________________
2 While it is not pertinent to our review in the case at bar, the Supreme Court in Commonwealth v. Abraham, 62 A.3d 343, 350 (Pa. 2012) adopted the two-step analysis the United States Supreme Court employed in Smith v. Doe, 538 U.S. 84 (2003), to assess whether a statute is punitive. That analysis, which is not relevant herein, first considers whether the legislature intended the provision to be punitive. Thereafter, “[i]f the intent is found to be nonpunitive and therefore civil, the second inquiry is whether, despite this intent, the statute is so punitive either in purpose or effect as to negate the intention to deem it civil. Id. (citations and original brackets and quotations omitted). The latter analysis entails a review of “seven factors as ‘useful guideposts’ for determining whether the statute imposes criminal punishment.” Id. at 351. Those factors are as follows:
(1) whether the sanction involves an affirmative disability or restraint; (2) whether it has historically been regarded as punishment; (3) whether it comes into play only on a finding of scienter; (4) whether its operation will promote the traditional aims of punishment—retribution and deterrence; (5) whether the behavior to which it applies is already a crime; (6) whether an alternative purpose to which it may rationally be connected is assignable for it; and (7) whether it appears excessive in relation to the alternative purpose assigned.
Id. (quoting Commonwealth v. Williams, 832 A.2d 962, 973) (Pa. 2003)).
3 In Pennsylvania, the State Board of Chiropractic regulates the licensure of chiropractors. See Chiropractic Practice Act, 63 P.S. §§ 625.101 - 625.1106. As of the date of the PCRA hearing, Appellant maintained his chiropractic license.
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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.
During the evidentiary hearing, Attorney McGogney testified that he represented Appellant in the underlying criminal matters and in several civil matters. N.T., 1/2/13, at 33. He confirmed that he had at least twelve discussions with Appellant at his law office and estimated twenty to fifty telephone conferences. Id. at 34. Counsel testified that Appellant called him two to three times on certain days. Id.
The two 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. Id. at 36-37. 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.4 Id. at
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4 Appellant proposed the expert testify about the latitude chiropractors have
in medical coding that would explain why it appeared he billed a patient for
(Footnote Continued Next Page)
During the evidentiary hearing, Attorney McGogney testified that he represented Appellant in the underlying criminal matters and in several civil matters. N.T., 1/2/13, at 33. He confirmed that he had at least twelve discussions with Appellant at his law office and estimated twenty to fifty telephone conferences. Id. at 34. Counsel testified that Appellant called him two to three times on certain days. Id.
The two 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. Id. at 36-37. 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.4 Id. at
____________________________________________
4 Appellant proposed the expert testify about the latitude chiropractors have
in medical coding that would explain why it appeared he billed a patient for
(Footnote Continued Next Page)
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36-37, 39. Indeed, Appellant successfully obtained several continuances. Id. at 36-37, 39, 40. 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. Id. at 37. Thus, in anticipation of what counsel and Appellant both believed to be inevitable, Attorney McGogney attempted to fashion a corporate structure that would permit Appellant to continue to operate the chiropractic clinic if and when Appellant lost his license to practice. Id. at 47.
Based upon Attorney McGogney’s explanation that he advised
Appellant of the probable collateral consequence of his plea, the PCRA court
found that Appellant’s ineffective assistance claim was untenable. 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.” Id. at 48. We
agree with the PCRA court’s perspective. Herein, Appellant was not only
aware of the collateral consequence that his guilty plea would have on his (Footnote Continued) _______________________
an office visit even if he did not examine the patient personally. N.T., 1/2/13, at 41.
Based upon Attorney McGogney’s explanation that he advised
Appellant of the probable collateral consequence of his plea, the PCRA court
found that Appellant’s ineffective assistance claim was untenable. 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.” Id. at 48. We
agree with the PCRA court’s perspective. Herein, Appellant was not only
aware of the collateral consequence that his guilty plea would have on his (Footnote Continued) _______________________
an office visit even if he did not examine the patient personally. N.T., 1/2/13, at 41.
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license to practice chiropractic medicine, he reorganized the corporate structure of his chiropractic clinic in a futile attempt to circumvent the specific consequence that he anticipated. The fact that Appellant’s supposed remedy to the expected collateral consequence of his guilty plea was flawed did not render his plea unknowing.5 Thus, no relief is due.
The second component of Appellant’s ineffective assistance claim
assails Attorney McGogney’s decision to forgo requesting discovery of an
audiotaped conversation between Appellant and his officer manager, Selinas
Rivera that was recorded while Appellant was in prison for a parole violation.
While the audiotape was believed to contain incriminating evidence of the
insurance fraud scheme, Appellant claims the audiotape, in fact, recorded a
benign conversation where he and Ms. Rivera deciphered his handwriting on
office documents. Id. at 26-27. Appellant now asserts that, had he known
the contents of the audiotape, he would not have pled guilty. Thus, he ____________________________________________
5 Although not cited by Appellant, we observe that this Court recently held in Commonwealth v. Brandt, 74 A.3d 185 (Pa.Super. 2013) that, regardless of whether the consequences are direct or collateral, it is constitutionally ineffective assistance for counsel to misapprehend the consequences of a plea and mislead the client regarding those consequences. That holding is completely inapplicable, however, where, as here, counsel correctly anticipated the collateral consequence of the guilty plea and advised his client accordingly. Undeniably, Attorney McGogney advised Appellant that he would likely lose his chiropractic license as a collateral consequence of the plea and Appellant still expects this consequence to occur. To the extent that counsel provided defective advice in an attempt to circumvent the inevitable consequence of the plea, that defect is too remote to affect Appellant’s constitutionally protected right to effective counsel during the criminal proceedings or invalidate the plea.
The second component of Appellant’s ineffective assistance claim
assails Attorney McGogney’s decision to forgo requesting discovery of an
audiotaped conversation between Appellant and his officer manager, Selinas
Rivera that was recorded while Appellant was in prison for a parole violation.
While the audiotape was believed to contain incriminating evidence of the
insurance fraud scheme, Appellant claims the audiotape, in fact, recorded a
benign conversation where he and Ms. Rivera deciphered his handwriting on
office documents. Id. at 26-27. Appellant now asserts that, had he known
the contents of the audiotape, he would not have pled guilty. Thus, he ____________________________________________
5 Although not cited by Appellant, we observe that this Court recently held in Commonwealth v. Brandt, 74 A.3d 185 (Pa.Super. 2013) that, regardless of whether the consequences are direct or collateral, it is constitutionally ineffective assistance for counsel to misapprehend the consequences of a plea and mislead the client regarding those consequences. That holding is completely inapplicable, however, where, as here, counsel correctly anticipated the collateral consequence of the guilty plea and advised his client accordingly. Undeniably, Attorney McGogney advised Appellant that he would likely lose his chiropractic license as a collateral consequence of the plea and Appellant still expects this consequence to occur. To the extent that counsel provided defective advice in an attempt to circumvent the inevitable consequence of the plea, that defect is too remote to affect Appellant’s constitutionally protected right to effective counsel during the criminal proceedings or invalidate the plea.
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posits that plea counsel rendered ineffective assistance in failing to procure the audiotape from the Commonwealth.
In rejecting this argument, the PCRA found that Attorney McGogney made a strategic decision to forgo the audiotape because it was a minor part of the Commonwealth’s case and requesting it might annoy the prosecution and derail the ongoing plea negotiations. Trial Court Opinion, 1/22/13, at 6- 7. As the record supports the PCRA court’s determination, we will not disturb it.
Trial counsel has broad discretion to employ trial tactics and strategies and counsel’s decision is not tantamount to ineffective assistance unless counsel had no reasonable basis for the action or inaction. See King supra 619. Herein, Attorney McGogney proffered a reasonable basis for declining to pursue the audiotape.
Attorney McGogney explained that he requested several items from the Commonwealth, including witness statements and police reports. N.T., 1/2/13, at 41. However, he declined to pursue the audiotape because it was a minor component of the Commonwealth’s case, and he was more concerned with the witnesses who actually went to the clinic and were billed incorrectly. Id. at 41, 44. 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. Id. at 41-42.
In rejecting this argument, the PCRA found that Attorney McGogney made a strategic decision to forgo the audiotape because it was a minor part of the Commonwealth’s case and requesting it might annoy the prosecution and derail the ongoing plea negotiations. Trial Court Opinion, 1/22/13, at 6- 7. As the record supports the PCRA court’s determination, we will not disturb it.
Trial counsel has broad discretion to employ trial tactics and strategies and counsel’s decision is not tantamount to ineffective assistance unless counsel had no reasonable basis for the action or inaction. See King supra 619. Herein, Attorney McGogney proffered a reasonable basis for declining to pursue the audiotape.
Attorney McGogney explained that he requested several items from the Commonwealth, including witness statements and police reports. N.T., 1/2/13, at 41. However, he declined to pursue the audiotape because it was a minor component of the Commonwealth’s case, and he was more concerned with the witnesses who actually went to the clinic and were billed incorrectly. Id. at 41, 44. 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. Id. at 41-42.
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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. Id. at 35-36. 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. Id. at 38-39. As Attorney McGogney provided a competent rationale for his decision to forgo requesting the audiotape, Appellant cannot demonstrate that counsel had no reasonable basis for his action. See Commonwealth v. Timchack, 69 A.3d 765, 773-74 (Pa.Super. 2013) (“plea counsel set forth to engage in favorable plea negotiations, and therefore, he had a reasonable basis for not undertaking additional investigation and discovery”). As Appellant is not able to establish the second prong of the test to determine ineffective assistance, the claim fails. Commonwealth v. Philistin, 53 A.3d 1, 10 (Pa. 2012) (failure to prove any prong of three-part test governing claim of ineffective assistance of counsel will defeat claim).
Order affirmed
Order affirmed
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J-S73028-13 Judgment Entered.
Joseph D. Seletyn, Esq. Prothonotary
Date: 12/17/2013
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