Louisiana Gov. John Bel Edwards prepares to take a question from Sound Off Louisiana’s founder Robert Burns at the Baton Rouge Press Club meeting of Monday, May 1, 2023.
We want to begin this feature by commending Louisiana Gov. John Bel Edwards on his willingness to accept unfiltered questions from the media. He has done so throughout his tenure as Governor of Louisiana, and that is in stark contrast to his predecessor, Bobby Jindal. Jindal insisted that questions be submitted to “handlers,” and those “handlers” would decide which questions Jindal would answer. That screening coming from a guy who seriously thought he could become President of the United States and one day stand before the Washington, DC press!
Today, Monday, May 1, 2023, Gov. John Bel Edwards made his “farewell” appearance before the Baton Rouge Press Club. As we noted above, he continued his consistent pattern of accepting unfiltered questions. Accordingly, Sound Off Louisiana’s founder, Robert Burns, asked him how he would respond to individuals (with Ronald Greene’s mother, Mona Hardin foremost on Burns’ mind) who are disappointed that Edwards never testified before the Louisiana House Special Committee investigating the in-custody death of Ronald Greene at the hands of Louisiana State Police (LSP) on May 10, 2019. Here is Burns’ question and Gov. Edwards’ response:
Gov. Edwards responds to Burns’ question seeking what he has to say to those people who are disappointed in his decision not to testify before the Louisiana House Special Committee investigating the LSP in-custody death of Ronald Greene.
We’re not meaning what we’re about to say as being crass on our part, but we can only go on the assumption that Gov. Edwards sticks fully behind what he uttered on the September 15, 2021 Jim Engster “Ask the Governor” radio show. We’re going to repeat what Edwards had to say back then since he says he’s reiterated the same thing on, “three or four occasions.”
September 15, 2021 response by Gov. Edwards to Jim Engster’s statements that LSP was involved in a cover-up of Ronald Greene’s in-custody death.
Regarding folk who did expect and anticipate testimony by Gov. Edwards as expressed on our December 18, 2022 feature on the LSP indictments, we submit the following video from that date and specifically direct everyone to go to the 2:55 – 3:10 mark of that video:
December 15, 2022 video in which, from the 2:55 – 3:10 mark, Baton Rouge NAACA President Eugene Collins calls upon Gov. Edwards to, “testify at the next committee meeting” for the in-custody death of Ronald Greene.
According to our sources, contrary to what Rep. Edmond Jordan (D-Baton Rouge) said entailing another meeting of the Ronald Greene Committee, there is not going to even be such a meeting, much less one conducted during which Gov. Edwards testifies.
We want to again commend Gov. Edwards for at least being willing to take our question. In the minutes and hours leading up to the press conference, we promised Ms. Mona Hardin, who truly wished she could have attended the meeting, filled out a membership application and remitted the $100 to join the Press Club as a public member, and pose that same question herself to Gov. Edwards, that we would make every effort to pose the question on her behalf.
Burns is far from a decent substitute for Ms. Hardin, but at least he was able to serve as a proxy to pose the question on her behalf. We’ll certainly let it be up to her to gauge her own reaction to Gov. Edwards’ response.
CLICK HERE for Gov. Edwards’ presentation in its entirety.
Dr. Shiva Akula, a long-time New Orleans physician, who was indicted on 23 counts of alleged Medicare fraud on August 6, 2021, vents frustration that Louisiana Attorney General (and candidate for Governor) Jeff Landry is stonewalling an investigation into an alleged $300,000+ payroll fraud which Akula asserts was committed by one or more disgruntled employees whom Akula alleges served as the sources for Federal prosecutors to procure what Akula asserts are bogus Medicare fraud charges against him.
We find particularly noteworthy that, of the 23 counts, 15 are for average amounts of $140.20 each, for a total of those 15 counts being $2,103.
Once the remaining eight (8) counts are tabulated, the total amount of alleged fraud is $114,626. The U. S. Government admits this alleged fraud is out of $63+ million in billings and $47+ million in payments to Dr. Akula from January of 2013 through December of 2019. By our math, that makes an alleged fraud rate (based on actual payments made) of 0.24 percent.
Dr. Akula has consistently maintained his steadfast innocence to all charges, and he goes further to allege that he was targeted after receiving a rather substantial payment from the U. S. Government about a decade ago for a settlement of prior Medicare discrepancies for which he was owed recovery.
On Wednesday, April 26, 2023, Dr. Akula sat down with Belinda Parker Brown of Louisiana United International to discuss what Akula alleges is recently-uncovered evidence of $300,000+ of payroll fraud for which Attorney General (and candidate for Governor) Jeff Landry has kept tied up for 18 months notwithstanding Akula’s contention that Landry’s investigative team indicated to an associate eight months ago that arrest(s) would be forthcoming soon. Let’s take a look at this fascinating interview:
April 26, 2023: LUI Founder Belinda Parker Brown interviews Dr. Akula about allegations that Attorney General (and candidate for Louisiana Governor) Jeff Landry is stonewalling allegations that Akula’s company was the victim of over $300,000 in payroll fraud he alleges was committed by “disgruntled former employees” who then conspired with Assistant U. S. Attorney Kathryn McHugh to falsely accuse him of counts of Medicare fraud.
It should be noted that, included within the just-linked Motion, which Akula filed pro se, is this January 26, 2022 Minute Entry and Amended Order in which Federal Judge Karen Wells Roby did in fact admonished McHugh for demonstrating a “lack of candor” to the Court and also for attempting to engage in ex parte communications on the criminal case pending against Akula.
Let’s take a look at some of the highlights of Akula’s Motion to Disqualify McHugh (though we would strongly recommend clicking on the link and reading the entire document, as we found it to be an utterly fascinating read — ignore the numbers that appear to the left of the paragraphs)!:
NOW INTO COURT, Defendant, SHIVA AK.ULA, (“Dr. Akula”), moves to Disqualify AUSA Kathryn McHugh, and states as follows:
Assistant United States Attorney Kathryn McHugh must be recused, disqualified, and prevented from any further investigation or prosecution involving this matter.
A pattern of prosecutorial misconduct by McHugh has been pervasive and present in these proceedings from the get go.
Dr. Akula has acquired evidence that McHugh has been directing one of Dr. Akula’s employees to retrieve information from Canon Hospice, by stealing information and providing it to McHugh illegally, without the authority of a search warrant.
First, in August 2021, it was a one page document. This one page document, dubbed as the “Press Release”, 1 was at all times the property of Canon Hospice. See Exhibit 1. At the direction and instruction by McHugh to an unknown employee at Canon Hospice, this one page document was delivered to McHugh. McHugh then used this Press Release to issue grand jury subpoenas to the physician advocacy group which drafted the Press Release for the benefit of Dr. Akula.
Then, most recently, on March 7, 2023, after Dr. Akula was provided for the first time with the government’s discovery, through Stephen Shapiro, in reviewing the discovery, Dr. Akula uncovered personal handwritten notes of Dr. Akula himself, that also appear to have been illegally and without the authority of a search warrant, removed from his office and delivered to McHugh. See Exhibit 2. The time frame of the handwritten notes (Exhibit 2) and the one page Press Release (Exhibit 1) appear to be the same- after the indictment and around the time of “detention” hearing. It appears that the government turned around and produced these handwritten notes to Dr. Akula inadvertently.
McHugh has exhibited a deeply concerning lack of candor and persistence to present false information to the court and/or the grand jury which has reached a prohibitive level for her to continue as a prosecutor in this case.
In 2013, an unprecedented settlement was reached between Akula and the Department of Justice where, not Dr. Akula, but the DOJ settled claims that were filed against it for attorneys’ fees requiring the DOJ to pay Dr. Akula the total sum of $704,881.58 in Canon Health Care v. Kathleen Sebelies 2:12-cv-02120. See Exhibit 2. Dr. Akula was represented by Attorney Les Johnson in this settled case.
Immediately after this settlement, in fact, almost instantly, and in retaliation, an audit notification was sent to Canon Hospice for hundreds of patients which ultimately culminated in the criminal investigation that then led to the instant indictment against Dr. Akula.
On April 17, 2018, relying on the audits that were sent out immediately after the settlement of $704,881.58, the FBI executed a search warrant at the Canon hospice facility in South Shore, seizing patient records, billing records, and a large number of emails consisting of attorney-client communications between Dr. Akula and his own in-house counsel, Les Johnson.
From 2018 through 2021, Senior Prosecutor Patrice Sullivan was in charge of the Akula criminal investigation. Under Senior Prosecutor Sullivan, and pursuant to extensive grand jury subpoenas, there were two failed true bills by the grand jury.
After Sullivan left the Eastern District of Louisiana, at a time when there was a widely known internal reorganization at the United States Attorney for the Eastern District of Louisiana, Junior Prosecutor, Kathryn McHugh was assigned to Dr. Akula’s case.
On July 29, 2021, Akula authorized PAA to contact McHugh so that a meeting between Dr. Akula and PAA can occur in which explanations and clarifications could be provided to the government regarding numerous misconceptions by McHugh. See Exhibit 4.
McHugh did not respond to PAA’s outreach efforts and within just a few days of the attempt to set up a meeting, on August 5, 2021, McHugh filed her indictment against Dr. Akula, alleging 23 counts of healthcare fraud. Doc 1.
The government then issued its DOJ press release regarding Akula. about July 2021, Akula heard of a physician advocacy group, known as Physicians Against Abuse, (“PAA”). After contacting the group, Dr. Akula realized that he definitely needed to see the government’s purported evidence that established guilt on his part. Dr. Akula also realized that it appeared that the government did not understand fully that Dr. Akula was not the provider for any of the patients subject of the indictment as these hospice patients received their medical care directly from a third party group, Ochsner Physicians. In fact, Dr. Akula was not involved in making the decision of what medical care was delivered and therefore what billing was used for any of the patients which was being investigated by the government. See Exhibit 5.
PAA responded in kind and drafted its Press Release. See Exhibit 1.
Although the Press Release never made it to the media, it was highly critical of McHugh. PAA’s release was only provided internally to a single Canon Hospice employee. Next thing, McHugh had obtained a copy of this internal document, without the authority of a search warrant.
PAA’s Press Release was a turning point for McHugh as it converted this prosecution to one that became personal for McHugh.
To serve her revenge for the unpleasant comments about McHugh in PAA’s Press Release, McHugh fabricated lies that PAA and its Board Member, Christina Paylan Black (“Dr. Black”) were purportedly engaging in witness tampering. McHugh made up these lies so she could use grand jury subpoena power to acquire all communications between Dr. Akula and PAA and Dr. Black.
PAA’s Press Release about McHugh was on August 6, 2021, and on August 12, 2021, Black and PAA were served with grand jury subpoenas by McHugh where the subpoenas were delivered by United States Marshall to Dr. Black at her private residence in Treasure Island, Florida. 2
Subsequently, McHugh communicated to PAA’s counsel that she was pursuing witness intimidation charges against Akula, Dr. Black and PAA based on this Press Release, threatening Dr. Akula with more charges, and threatening Dr. Black and PAA with criminal investigation and prosecution. See Exhibit 6: Affidavit of Christina Black, MD.
But McHugh was so adamant that Judge Roby know the so-called “background truth” about Black, that McHugh did the unthinkable by contacting Judge Roby’s chambers, ex parte, to tell her to contact another judicial officer, Judge Ashe before whom the grand jury subpoenas were being litigated. McHugh also relayed to Judge Roby, ex parte, to check not just Dr. Black’s background but also PAA’s website.3
Based on McHugh’ s ex parte contact, Judge Roby was concerned about McHugh’s unethical conduct, and expressed her concerns in her order as follows:
JUDGE ROBY:
“Interestingly the government, despite its request to conduct research and submit a memorandum supporting its position that Dr. Black and Mr. Ohanian should not be granted authority to access the documents via the protective order, failed to do so.
Oddly, and without response by the Court, on Tuesday, January 24, 2022, AUSA McHugh telephoned chambers and suggested that the undersigned speak to another district judge in the Court regarding information about Dr. Black which the undersigned remains unaware of. Finding the behavior inappropriate, and a possible attempt to have an ex parte communication with the Court, or to influence the Court’s decision, the undersigned ignored the call, took no action, and prepared for the status conference.
McHugh also lacked candor by only disclosing that Dr. Black was involved in a press release leak and suggesting that there was an attempted to intimidate witnesses. AUSA McHugh clearly knew that the Court was being mislead and filed Isic] to correct the falsity.
Finally, and most concerning is AUSA McHugh’s call to chambers suggesting the undersigned contact another judicial officer to obtain information regarding Dr. Black. See Exhibit 7: Order by Judge Roby.”
Judge Roby’s January 2022 order outlining McHugh’s highly unethical behavior lacking candor with the Court, failing to correct falsity presented to the Court, would have called for permanent removal of any prosecutor in most United States Attorneys’ offices in the country. However, in the Eastern District of Louisiana, this kind of unethical conduct is apparently punishable only by a 6-month removal from the post at EDLA where McHugh was sent to Washington D.C. for a period of 6- months. At some point during the course of this 6-month removal from her post, McHugh herself claimed to Cassidy that she was sent to work on a “project”.
McHugh’s behavior, lack of candor and persistent representation of false facts to this Court along with her unconventional arrangements for an unidentified employee or employees to steal documents that are the property of Canon without the lawful authority of a search warrant, have all significantly interfered with orderly progress and disposition in this case denying Dr. Akula his due process right to a normal, disinterested and ethical prosecutor.
Based on the foregoing facts and the existing law on prosecutorial disqualification, the grounds for McHugh’s disqualification has been met.
WHEREFORE, Defendant, SHIVA AKULA, respectfully requests that this Court issue an Order Disqualifying AUSA Kathryn McHugh, prohibiting her from being involved further in any investigation or prosecution in any manner connected to Dr. Akula, and grant any other relief as the Court may deem just and proper.
Here is the link for the Physicians Against Abuse website which McHugh apparently harbored such concern over that she would stoop to the lengths of attempting ex parte communications to alert another judge of the group’s existence!
Now, as if all of that wasn’t enough, there are two other civil lawsuits entailing all of the above. We’ll capture only the essence and current standing of each.
There is a lawsuit filed by Ochsner Clinic Foundation against Akula and his company, Canon Hospice, in 24th JDC in Jefferson Parish. The suit alleges $461,182.81 in unpaid lease payments prior to Ochsner and Akula reaching agreement for him to vacate the Fourth Floor of his prior office located at 1221 South Clearview Parkway in Jefferson, Louisiana.
Akula has countersued Ochsner alleging that it failed to provide documentation pertinent to their agreement and that it (or agents acting on its behalf), “improperly certified and admitted patients for the hospice stays.” Akula alleges that, Ochsner’s “unprofessionalism,” ultimately, “led to a criminal investigation against Plaintiff-in-reconvention (Akula) for failure to discharge patients in a timely manner for which it has never been responsible under the Associate Medical Directorship Agreement.”
On December 7, 2022, Akula fired his attorney in that civil matter, W. J. LeBlanc, Jr., and soon thereafter, retired Judge Morris W. Reed, Sr. enrolled as counsel of record. He asserted that LeBlanc’s answers were, “woefully inadequate.” He requested a 60-day period to familiarize himself fully with the case, and Defendants’ various Exceptions (seven individuals, to include six doctors, were also named as Defendants-in-Reconvention) were reset to April 18, 2023. Here are the results of that April 18, 2023 hearing:
MINUTE ENTERED FOR 04/18/2023 (PEREMPTORY EXCEPTION OF NO CAUSE OF ACTION —- –OTHER;DENIED)(DILATORY EXCEPTION OF NON-CONFORMITY OF THE PETITION —- –OTHER;GRANTED. COURT WILL ALLOW CANNON HOSPICE, D-1, 60 DAYS IN WHICH TO AMEND THEIR PLEADINGS )(DILATORY EXCEPTION OF VAGUENESS AND AMBIGUITY —- –OTHER;GRANTED. COURT WILL ALLOW CANNON HOSPICE, D-1, 60 DAYS IN WHICH TO AMEND THEIR PLEADINGS )(DECLINATORY EXCEPTION OF INSUFFICIENCY OF CITATION AND SERVICE OF PROCESS —- –OTHER;GRANTED. COURT WILL ALLOW CANNON HOSPICE, D-1, 60 DAYS IN WHICH TO AMEND THEIR PLEADINGS AND MAKE PROPER SERVICE)(PEREMPTORY EXCEPTION OF NO CAUSE OF ACTION —- –OTHER;DENIED)(DILATORY EXCEPTION OF NON-CONFORMITY OF THE PETITION —- –OTHER;GRANTED. COURT WILL ALLOW CANNON HOSPICE, D-1, 60 DAYS IN WHICH TO AMEND THEIR PLEADINGS )(DILATORY EXCEPTION OF VAGUENESS AND AMBIGUITY —- –OTHER;GRANTED. COURT WILL ALLOW CANNON HOSPICE, D-1, 60 DAYS IN WHICH TO AMEND THEIR PLEADINGS )
While we obviously weren’t at that April 18, 2023 hearing, somehow we’re willing to bet the judge overseeing the case didn’t threaten Dr. Akula with sanctions in the form of attorney fees the way Judge Vincent Borne did with Billy Broussard on February 15, 2023 if Broussard dared to amend his petition (and the exception be re-urged and deemed not to be cured via amendment) as the Judge has permitted Akula to do above! As we’ve stated previously, we’ve attended tons of hearings for Rules to Show Cause, with at least 700 of them entailing Peremptory Exceptions, and Borne is the first judge we’ve ever seen make a less-than-subtle threat entailing attorney fees!
The last lawsuit entailing Dr. Akula is a Federal suit filed by him in Florida alleging a RICO scheme to essentially drive him straight out of business. The matter was transferred to the Federal Court for the Eastern District of Louisiana. In the most recent filing in that case, which was filed on April 17, 2023, Akula is provided until Wednesday, May 3, 2023 to amend his Petition and include a RICO Case statement.
Sound Off Louisiana founder Robert Burns is inclined to directly compare this case to one he worked on for months while serving as an FDIC fraud examiner; however, because of the length of this feature, he’ll postpone doing so for a couple of weeks and produce that feature as a follow-up to this one. Also, as stated on the video above, we certainly intend to attend Dr. Akula’s criminal trial in July if it in fact does commence at that time.
The following short video captures the essence of Broussard v. LSP Trooper Scott Lopez and his son, Benjamin Cole, regarding today’s (April 24, 2023) hearing on Lopez’s Peremptory Exception of No Cause of Action:
April 24, 2023 brief overview and interview with Billy Broussard regarding the Peremptory Exception filed by Scott and Benjamin Lopez argued before Judge Lewis Pitman on April 24, 2023.
Beyond the complimentary words which Judge Pitman had for Broussard, to include him, “posing arguments better than some attorneys who have argued before me,” we find it noteworthy that, on the just-linked transcript, Judge Vincent Borne seemed fixated on awarding attorney fees to Girouard and her co-defendant, Melissa Dubroc, while Judge Pitman never even uttered the first word about any such potential imposition of attorney fees.
As Burns noted on the video above, Pitman (not quite verbatim) looked at defense attorney Eric Haik, and said (again, not quite verbatim, but we’ll soon have the transcript), “I’m sorry about the time and resources, but I have to render decisions within the confines of the law.” What an absolutely awesome utterance! Also, to his credit, Haik stated that he fully understood Judge Pitman’s position.
Most of Haik’s arguments centered around LSP Trooper Lopez’s First Amendment Right of Free Speech, making it all the more perplexing that Haik failed to assert LA CCP Article 971. Had he done so within the 90-day period after service was perfected, he may have prevailed in his quest for attorney fees since a party prevailing in asserting such a Special Motion to Strike, “shall be awarded reasonable attorney fees and costs.”
It just may be that Haik doesn’t routinely practice civil defense litigation but rather more commonly represents plaintiffs. If so, the situation may be akin to asking the offensive coordinator of a football team to be the defensive coordinator for a season after having spent decades running the offense. That’s just a theory because we have to believe that attorney Amy Groves Lowe would most certainly have filed a Special Motion to Strike. From Groves Lowe’s professional profile:
Amy has more than 20 years of experience in representing public agencies, public employees and public officials in federal and state courts, in administrative hearings, and before the Louisiana Legislature.
