June 18, 2019

Archives for October 17, 2013

Changes to Rules of Civil Procedure, Probate Procedure, and County Court Civil Procedure Issued by Supreme Court

On Wednesday, October 16, 2013, the Colorado Supreme Court released Rule Changes 2013(13), 2013(14), and 2013(15), amending the Colorado Rules of Civil Procedure, the Colorado Rules of Probate Procedure, and the Colorado Rules of County Court Civil Procedure.

Rule Change 2013(13) amended Rule 411, “Appeals,” of the Colorado Rules of County Court Civil Procedure. The time limit for filing a Notice of Appeal and Appeal Bond was reduced from 21 days to 14 days. The time limit for filing objections to the record on appeal was also reduced from 21 days to 14 days.

Rule Change 2013(14) added Rule 37, “Discovery,” of the Colorado Rules of Probate Procedure. The rule establishes provisions and structure for conducting discovery in proceedings under Title 15 of the Colorado Revised Statutes.

Rule Change 2013(15) amended Form 1, “Summons,” of the Appendix to Chapters 1-17A of the Colorado Rules of Civil Procedure. The form now contains a warning to the recipient including information about responding to the summons and the content of the summons.

For all of the Colorado Supreme Court’s rule changes, click here.

Tenth Circuit: Aiding and Abetting Health Care Fraud Related Cases: One Co-Defendant’s Convictions Affirmed, One’s Reversed

The Tenth Circuit Court of Appeals published its opinions in the related cases of  United States v. Rufai and United States v. Adegboye on Tuesday, October 15, 2013. The facts, procedural history, and legal background are related in the Rufai case.

United States v. Rufai concerns fraudulent Medicare claims filed by Joshua Ohaka through a durable medical equipment (“DME”) provider called First Century Medical Supply (“First Century”). Olalekan Rufai and Adedayo Adegboye incorporated and set up First Century and served as First Century’s legal face. Ohaka was heavily involved in First Century’s management and fled the country when he was indicted in federal district court in Texas in July 2009 for fraud involving another DME company.

At a joint trial, a jury acquitted Rufai and Adegboye of one count of conspiracy to commit health care fraud and convicted them of five counts of aiding and abetting health care fraud, pursuant to 18 U.S.C. §§ 1347 and 2. The Government and Rufai agreed that an unindicted third party, Joshua Ohaka, knowingly filed fraudulent claims on behalf of the medical equipment company set up by the Defendants.

On appeal, Rufai argued that the trial evidence was insufficient to show that he knowingly and willfully participated in the fraud. There was no direct evidence of Rufai’s knowledge of the fraudulent scheme to defraud Medicare. The Tenth Circuit found that the inferences he had knowledge were too speculative to sustain his convictions and reversed.

In the related case of United States v. Adegboye, Adegboye made the same argument on appeal as Rufai, that the trial evidence was insufficient to show that he knowingly and willfully participated in the fraud. The Tenth Circuit held that the government had presented sufficient evidence from which a reasonable jury could have found Adegboye aided and abetted fraud beyond a reasonable doubt. Over a dissent, the panel affirmed his convictions.

 

Tenth Circuit: En Banc Rehearing Petition Denied in Death Penalty Reversal Case

The Tenth Circuit Court of Appeals published its revised opinion in Dodd v. Trammell on Wednesday, October 16, 2013.

The Tenth Circuit reversed Dodd’s death sentences on September 16, 2013. That case was summarized here. The Respondent-Appellee filed a Petition for Rehearing En Banc. The judges assigned to hear the appeal originally reviewed the petition as an implicit request for panel rehearing. They granted the petition “solely for the limited purpose of making a revision to page 39 of our opinion. The original opinion filed on September 16, 2013, is therefore vacated, and the attached revised opinion is substituted in its place.” The Clerk was directed to issue the new decision nunc pro tunc to the original filing date. Panel rehearing was otherwise denied, as was petition for en banc rehearing.

Colorado Court of Appeals: Announcement Sheet, 10/17/13

On Thursday, October 17, 2013, the Colorado Court of Appeals issued no published opinion and 21 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.