Texas Attorney General, Ken Paxton is the lawyer for the State of Texas and is charged by the Texas Constitution to:
To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the Governor, heads of state agencies and other officials and agencies as provided by Texas statutes.
The Texas AG sits as an ex-officio member of state committees and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the State.
Many Texans look to the Office of the Attorney General for guidance with disputes and legal issues. The agency receives hundreds of letters, phone calls and visits each week about crime victims’ compensation, child support, abuse in nursing homes, possible consumer fraud and other topics. To find out more about the Texas Attorney General, visit the official website at https://texasattorneygeneral.gov/.
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THE TEXAS ATTORNEY GENERAL
AG Paxton Defends State Ban on Barbaric Abortion Procedure at the 5th Circuit
AUSTIN – A legal team from Attorney General Ken Paxton’s office today urged the U.S. Court of Appeals for the 5th Circuit to overturn a lower court ruling blocking part of Senate Bill 8, a law enacted by the Texas Legislature, which prohibits ghastly dismemberment abortions.
Abortion by dismemberment, which is performed in the second trimester, kills fetuses by using forceps to tear them apart limb by limb while they are still alive, causing the unborn child to bleed to death in their mother’s womb. The law does not prohibit other second-trimester abortions.
“My office’s legal team exposed the horrific truth of dismemberment abortions, a gruesome, inhumane, and barbaric procedure that completely disregards respect for human life,” Attorney General Paxton said. “During today’s arguments, we demonstrated that Senate Bill 8 is constitutional, and I’m optimistic that the 5th Circuit will uphold Texas’ lawful authority to protect unborn children from this abhorrent procedure.”
Although the U.S. Supreme Court previously held that states may pass laws to protect and foster respect for unborn life by banning inhumane abortion procedures, the U.S. District Court in Austin ruled against Senate Bill 8 the day before it was to take effect.
The Texas law was put on week long trial in November 2017 and the district court ruled in favor of abortion providers who challenged Senate Bill 8. Attorney General Paxton immediately filed a notice of appeal to the 5th Circuit.
A three-judge panel of the 5th Circuit heard today’s oral arguments.
View Attorney General Paxton’s brief defending Senate Bill 8 here: http://bit.ly/2EWQmaJ
Investigation by AG Paxton’s Medicaid Fraud Control Unit Helps Feds Convict Four Individuals in $3.7 Million Garland Health Care Fraud Scheme
AUSTIN – A joint investigation by the Medicaid Fraud Control Unit of the Texas attorney general’s office and others helped federal prosecutors obtain a jury conviction of two home health owners and two employees who ran a scheme to steal over $3.7 million from Medicare and Medicaid.
Following a six-day trial, Celestine “Tony” Okwilagwe, Tutu Kudiaratu Etti, Loveth Isidaehomen and Paul Emordi were each convicted of one count of conspiracy to commit health care fraud. Okwilagwe and Etti were found guilty on two counts of false statements in connection with a health care benefit program.
According to the investigation, Okwilagwe and Emordi owned and operated Elder Care, a Garland-based Medicare and Medicaid provider, even though both had been previously barred from participating in federal health care benefit programs.
Etti, the administrator of Elder Care, and Isidaehomen, Okwilagwe’s wife, signed various false documents to conceal the identity of the owners. The four defendants were also accused of submitting false and fraudulent bills to Medicare for unnecessary services.
Sentencing before U.S. District Court Judge Jane Boyle of the Northern District of Texas, who presided over the trial, has not yet been scheduled.
“Health care fraud diverts critical resources away from citizens who truly need those services,” said Medicaid Fraud Control Unit Division Chief Stormy Kelly. “The Texas attorney general’s office will continue to aggressively investigate these cases and work with our state and federal partners to ensure those who commit Medicaid and Medicare fraud are prosecuted.”
Earlier this year, the Medicaid Fraud Control Unit received the U.S. Department of Health and Human Services Office of Inspector General award of excellence for fighting fraud, waste and abuse. During fiscal year 2017, the unit obtained 108 indictments, 137 convictions and led the nation in recovering more than $534 million.
REQUEST FOR OPINION
Request: RQ-0254-KP — Whether repeal of 40 U.S.C. 318 affects the authority the Legislature granted to Federal Protective Service officers under article 2.122(b) of the Texas Code of Criminal Procedure
Received: Tuesday, October 30, 2018
Requestor: The Honorable Jaime Esparza
District Attorney
34th Judicial District
El Paso County Courthouse, 2nd Floor
500 East San Antonio Street
El Paso, Texas 79901-2420
To read original request visit: https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/rq/2018/pdf/RQ0254KP.pdf
AG Paxton Leads 36-State Coalition Brief Urging U.S. Supreme Court to Uphold States’ Sovereignty
AUSTIN – Attorney General Ken Paxton today led a bipartisan coalition of 36 states in a friend-of-the-court brief, urging the U.S. Supreme Court to uphold its long-standing view on states’ rights to prosecute criminals.
In multiple cases dating back almost two centuries, the high court has ruled that being prosecuted twice – once by a state and again in federal court – does not violate the U.S. Constitution’s protection against double jeopardy because the states and the federal government are separate sovereigns with distinct and unique interests. Lawyers for an Alabama man are asking the Supreme Court to overturn its earlier decisions.
“For nearly two centuries it’s been understood that if someone violates state and federal law, both governments can prosecute, but this case threatens to take away states’ sovereignty,” Attorney General Paxton said. “The U.S. Supreme Court should reaffirm that when a defendant in a single criminal act breaks both a federal and state law, it amounts to two distinct offenses and can result in two separate prosecutions. To rule otherwise would kick off a race to the courthouse between multiple sovereigns eager to vindicate their own criminal laws.”
In one of its previous rulings on the Constitution’s Fifth Amendment, the U.S. Supreme Court concluded that outlawing states from prosecuting someone already tried in federal court “would be a shocking and untoward deprivation of the historic right and obligation of the states to maintain peace and order within their confines.”
Texas is joined on the friend-of-the-court brief by 35 other states – including the 15 most populous states. Collectively, these states represent over 86% of the U.S. population. Their leaders span the political spectrum.
They are: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.
View a copy of the brief here: https://www.texasattorneygeneral.gov/sites/default/files/images/admin/2018/Press/Gamble%20-%20Filed%20Brief%20of%20Texas%20et%20al_.pdf
AG Paxton’s Medicaid Fraud Control Unit Assists Feds in Obtaining Health Care Fraud Convictions of Two Austin Psychologists
AUSTIN – Investigative work by the Medicaid Fraud Control Unit of the Texas Attorney General’s office and the F.B.I. helped federal prosecutors obtain convictions in a health care fraud case against the two owners and operators of Austin-based Psychological A.R.T.S., P.C.
Following a trial that lasted three weeks, jurors found 73-year-old Dr. William Dubin guilty of paying illegal kickbacks and two other charges. His 33-year-old son, Dr. David Dubin, was convicted of three charges, including health care fraud and aggravated identity theft.
Previously, a third defendant in the case, Glen McKenzie, Jr., pleaded guilty to charges involving illegal kickbacks. McKenzie used his position at an emergency shelter outside Austin to refer children to Psychological A.R.T.S. for mental health services billed to Medicaid. In return, Dr. William Dubin gave McKenzie a 10-percent kickback for each patient referral.
During the trial, evidence revealed that Dr. David Dubin facilitated at least one fraudulent billing to Medicaid and unlawfully used a patient’s personal identification information to obtain payment for another claim.
The Dubins were accused of directing unlicensed individuals to perform psychological testing and billed Medicaid as though licensed psychologists had performed the services.
“Cheating Medicaid steals taxpayer dollars and harms patients in legitimate need of medical treatment,” said Medicaid Fraud Control Unit Division Chief Stormy Kelly. “Prosecution of cases such as this one help deter fraud. The attorney general’s office will continue to aggressively investigate fraud and abuse by healthcare providers to protect Texas taxpayers.”
Dr. William Dubin faces up to five years in federal prison for each of the three counts against him for illegal kickbacks. Dr. David Dubin faces up to 10 years in federal prison for the health care fraud charges against him, along with a mandatory two-year prison term for aggravated identity theft. The Dubins and McKenzie are scheduled for sentencing on February 19, 2019.
Earlier this year, the Medicaid Fraud Control Unit received the U.S. Department of Health and Human Services Office of Inspector General award of excellence for fighting fraud, waste and abuse. During fiscal year 2017, the unit obtained 108 indictments, 137 convictions and led the nation in recovering more than $534 million.
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