/PRNewswire/ -- Yesterday, the watchdog group ProtectOurElections.org asked the U.S. Justice Department to bring criminal charges against Supreme Court Justice Clarence Thomas for making false statements on his AO 10 Financial Disclosure forms every year since 2003 by falsely swearing under criminal penalty that his wife Virginia had no non-investment income. http://www.velvetrevolution.us/images/Clarence_Thomas_DOJ_Letter.pdf Within six hours of the group's request, Justice Thomas announced that he had now amended not seven but 20 years of financial disclosure forms to include his wife's income. http://abcnews.go.com/Politics/Supreme_Court/justice-clarence-thomas-amends-financial-disclosure-reports-virginia/story?id=12750650 Justice Thomas said that he "misunderstood" the filing instructions which asked him to check whether his wife had any non-investment income, and had checked "none."
Virginia Thomas worked at the Heritage Foundation from 2003 through 2007 and earned at least $120,000 each year, according to the foundation's IRS Form 990s. She then went to work for Liberty Central in a paid position according to CEO Sarah Field. Last Friday, Common Cause revealed Thomas's false statements in a letter to the Administrative Office of the Courts. Coverage by the Los Angeles Times failed to note the criminal nature of the matter. http://www.latimes.com/news/nationworld/nation/la-na-thomas-disclosure-20110122,0,2413407.story
Each of the AO 10 Financial Disclosure forms signed by Justice Thomas states in Section IX that it is certified under oath as follows:
"I certify that all information given above ( including information pertaining to my spouse and minor or dependent children, if any) is accurate, true, and complete to the best of my knowledge and belief, and that any information not reported was withheld because it met applicable statutory provisions permitting non-disclosure." (Emphasis added.)
Under the signature box in bold capital letters is the following:
NOTE: ANY INDIVIDUAL WHO KNOWINGLY AND WILLFULLY FALSIFIES OR FAILS TO FILE THIS REPORT MAY BE SUBJECT TO CIVIL AND CRIMINAL SANCTIONS (5 U.S.C. app section 104)
According to the Department of Justice Handbook on Prosecutions, persons with expertise in law are presumed to act "knowingly and willfully," and a defendant's signature on a document can help establish willfulness and knowledge. See United States v. Tucker, 133 F.3d 1208, 1218 n. 11 (9th Cir. 1998) (noting that signature proved knowledge of contents of return); United States v. Mohney, 949 F.2d 1397, 1407 (6th Cir. 1991) (holding that signature is prima facie evidence that the signer knows the contents of the return); United States v. Drape, 668 F.2d 22, 26 (1st Cir. 1982) (finding that defendant's signature is sufficient to establish knowledge once it has been shown that the return was false).
If charged, Justice Thomas could face up to one year in prison and a criminal fine for each false statement charge, and a civil fine of up to $50,000 under 5 U.S.C. appendix section 104.
Justice Thomas's conduct is similar to that of an FBI employee who oversaw background investigations for the agency in San Francisco. Rachelle Thomas-Zuill stated on a financial disclosure form that she owned three properties with an outstanding mortgage debt of $866,000, when in fact she owned six properties and had a debt of more than $2.2 million. Thomas-Zuill, who joined the FBI 13 years ago, pleaded guilty last week to making false statements to a government agency, a felony. She will be sentenced April 7th by U.S. District Judge Jeremy Fogel in San Jose.
The Department of Justice civilly prosecuted two other recent false statement cases. In United States v. Dr. William L. Smith , a NASA scientist was charged with violating 18 U.S.C section 208(a), and he settled the case for a substantial fine. In United States v. John R. Van Rosendale , a DOE employee failed under 5 U.S.C. app. section 104 to file a termination financial disclosure report when he left his Government position. He was also fined.
"Yesterday, we asked the Department of Justice to bring criminal charges against Justice Thomas for his knowing and willful false statements under oath," said attorney and Protect Our Elections spokesman Kevin Zeese. "In response, Justice Thomas admitted that he made false statements on 20 years of disclosure forms, but that it was just a simple misunderstanding. How many criminal defendants have said the same thing but were not offered the same opportunity to correct or amend their statements before being prosecuted? How many cases has Justice Thomas sat in judgment of where people were charged with similar conduct? How many lawyers would have asked for Justice Thomas's recusal had the disclosure forms been accurate? Supreme Court Justices are supposed to know the law. Yet, Justice Thomas wants to be treated differently than others who committed similar conduct. His 'misunderstanding' excuse should be argued before a federal jury rather than to a committee that has no authority to grant him immunity from prosecution. No, Justice Thomas cannot be allowed to merely amend his forms without full accountability. We call for him to step down as Supreme Court Justice and for a complete independent audit of all cases in which he sat to determine if his lack of disclosure created a conflict of interest or undermined the fairness of the judgment. We also call for a criminal investigation by career prosecutors at the Department of Justice and an ethics investigation. Anything less would make a mockery of financial disclosure law, undermine respect for the law, and create the appearance that those in powerful positions can violate the law with impunity."
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Showing posts with label thomas. Show all posts
Showing posts with label thomas. Show all posts
Tuesday, January 25, 2011
Friday, January 15, 2010
Georgia’s Kidney Care Community Praises Introduction of Legislation to Improve Patient Access to Quality Kidney Dialysis and Transplant Care
(BUSINESS WIRE)--Members of Georgia’s kidney care community – including patients, physicians, providers, and kidney transplant groups – today applauded State Senators Don Thomas (R-Dalton) and Ed Harbison (D-Columbus) for introducing bipartisan legislation to help approximately 2,000 Georgians suffering from kidney failure who are having difficulty accessing health insurance for their dialysis care or needed transplant medications. If enacted, this legislation could result in a positive fiscal impact of approximately $20 million over five years for Georgia’s Medicaid system. In addition to helping people with kidney failure, the legislation will also help any Georgia citizen who is under 65 and has Medicare as a result of a disability.
“I am proud to introduce legislation today that would provide thousands of Georgians with the financial assistance needed to access life-saving kidney care.”
Secondary coverage – known as Medigap insurance – is designed to help patients pay for medical expenses that Medicare does not cover, such as co-insurance, deductibles and co-pays. Under current federal law, only Medicare beneficiaries over the age of 65 are able to purchase this insurance as secondary coverage; however, patients under the age of 65 do not have this same option. This coverage provides patients with essential access to needed medical treatments, including kidney transplant, without cost being a barrier to care. Medigap coverage protects patients from having to “spend down” their income to become eligible for state Medicaid assistance. The legislation (S.B. 316) would provide Georgia end stage renal disease (ESRD) patients under the age of 65 and those deemed disabled access to Medigap coverage.
“I fully understand the vital role dialysis and transplant care play in the lives of individuals affected by this disease,” said Sen. Don Thomas. “I am proud to introduce legislation today that would provide thousands of Georgians with the financial assistance needed to access life-saving kidney care.”
Under current Medicare law, two populations qualify for coverage: individuals over the age of 65, and those under 65 who meet certain conditions, including the diagnosis of ESRD, also known as kidney failure. While Medicare covers most medical costs, it requires patients to pay deductibles and co-pays, which most patients pay for with the assistance of secondary insurance. However, more than 2,000 kidney patients in Georgia under age 65 have no secondary insurance coverage and cannot afford Medicare deductibles and co-pays. As a result, they often experience financial delays and roadblocks for critical medical services because of the upfront payments that are required and are forced to turn to the Medicaid program for support. To qualify for Medicaid, patients have to impoverish themselves, and often their families as well, to qualify. This, in turn, leads to severe health risks for patients who are unable to afford drugs or who forego treatment, which can result in emergency care and a higher cost to Georgia’s taxpayers.
In addition to granting coverage assistance to patients who are unable to pay expensive deductibles and co-pays, this legislation will lead to significant decreases in Medicaid spending for ESRD patients under the age of 65, resulting in approximately $20 million in Medicaid savings for Georgia taxpayers over five years.
“The ability to acquire Medigap insurance will significantly improve kidney care patients’ access to care across Georgia,” said Chad Lennox, executive director of Dialysis Patient Citizens, a national nonprofit patient organization. “No patient or family should have to jeopardize their financial future in order to receive the care they need, which is why we fully support this legislation. All dialysis and kidney transplant patients deserve the same level of access to care.”
If passed, Georgia will join 29 other states across the country that have already passed similar reforms. Most recently, the Florida Legislature unanimously passed the “The Alonzo Mourning Access to Care Act” – named for NBA All Star Alonzo Mourning who received a kidney transplant in 2003 – which will allow Florida’s ESRD patients and those disabled under age 65 to purchase Medigap insurance as secondary coverage for their kidney care.
“Access to quality dialysis and transplant care is absolutely critical to the more than 14,000 chronic kidney disease patients across the state of Georgia,” said Marlin R. Gottschalk, vice-president and legislative coordinator for the Georgia Association of Kidney Patients, a patient advocacy and support group. “Kidney disease knows no boundaries in terms of age, race or economic condition, so we must work together to ensure that policies are put in place that allow all patients, of every age, to access the coverage they need to receive quality medical care.”
To view the legislation, please visit http://www.legis.state.ga.us/legis/2009_10/sum/sb316.htm.
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“I am proud to introduce legislation today that would provide thousands of Georgians with the financial assistance needed to access life-saving kidney care.”
Secondary coverage – known as Medigap insurance – is designed to help patients pay for medical expenses that Medicare does not cover, such as co-insurance, deductibles and co-pays. Under current federal law, only Medicare beneficiaries over the age of 65 are able to purchase this insurance as secondary coverage; however, patients under the age of 65 do not have this same option. This coverage provides patients with essential access to needed medical treatments, including kidney transplant, without cost being a barrier to care. Medigap coverage protects patients from having to “spend down” their income to become eligible for state Medicaid assistance. The legislation (S.B. 316) would provide Georgia end stage renal disease (ESRD) patients under the age of 65 and those deemed disabled access to Medigap coverage.
“I fully understand the vital role dialysis and transplant care play in the lives of individuals affected by this disease,” said Sen. Don Thomas. “I am proud to introduce legislation today that would provide thousands of Georgians with the financial assistance needed to access life-saving kidney care.”
Under current Medicare law, two populations qualify for coverage: individuals over the age of 65, and those under 65 who meet certain conditions, including the diagnosis of ESRD, also known as kidney failure. While Medicare covers most medical costs, it requires patients to pay deductibles and co-pays, which most patients pay for with the assistance of secondary insurance. However, more than 2,000 kidney patients in Georgia under age 65 have no secondary insurance coverage and cannot afford Medicare deductibles and co-pays. As a result, they often experience financial delays and roadblocks for critical medical services because of the upfront payments that are required and are forced to turn to the Medicaid program for support. To qualify for Medicaid, patients have to impoverish themselves, and often their families as well, to qualify. This, in turn, leads to severe health risks for patients who are unable to afford drugs or who forego treatment, which can result in emergency care and a higher cost to Georgia’s taxpayers.
In addition to granting coverage assistance to patients who are unable to pay expensive deductibles and co-pays, this legislation will lead to significant decreases in Medicaid spending for ESRD patients under the age of 65, resulting in approximately $20 million in Medicaid savings for Georgia taxpayers over five years.
“The ability to acquire Medigap insurance will significantly improve kidney care patients’ access to care across Georgia,” said Chad Lennox, executive director of Dialysis Patient Citizens, a national nonprofit patient organization. “No patient or family should have to jeopardize their financial future in order to receive the care they need, which is why we fully support this legislation. All dialysis and kidney transplant patients deserve the same level of access to care.”
If passed, Georgia will join 29 other states across the country that have already passed similar reforms. Most recently, the Florida Legislature unanimously passed the “The Alonzo Mourning Access to Care Act” – named for NBA All Star Alonzo Mourning who received a kidney transplant in 2003 – which will allow Florida’s ESRD patients and those disabled under age 65 to purchase Medigap insurance as secondary coverage for their kidney care.
“Access to quality dialysis and transplant care is absolutely critical to the more than 14,000 chronic kidney disease patients across the state of Georgia,” said Marlin R. Gottschalk, vice-president and legislative coordinator for the Georgia Association of Kidney Patients, a patient advocacy and support group. “Kidney disease knows no boundaries in terms of age, race or economic condition, so we must work together to ensure that policies are put in place that allow all patients, of every age, to access the coverage they need to receive quality medical care.”
To view the legislation, please visit http://www.legis.state.ga.us/legis/2009_10/sum/sb316.htm.
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