Sound Off Louisiana

Dr. Shiva Akula, whose Federal trial entailing 23 counts of alleged Medicare fraud, commenced in the Federal Court for the Eastern District of Louisiana in New Orleans on Monday, October 30, 2023.

When we published Segment Two of USA v. Dr. Shiva Akula yesterday (Tuesday, October 31, 2023), we indicated that prosecuting attorneys were trying to prepare the jury for upcoming witnesses who were likely to be viewed by the jury as having integrity and/or credibility issues but who would be absolutely crucial to the prosecution’s case.

They attempted to do so by having witnesses with no integrity or credibility issues whatsoever (most notably Dr. William Blalock) to, “tell us about the good side and the bad side…” of two witnesses in particular:  Kelly Anderson and Sue May.  We indicated that the prosecutors were attempting to soften the “shock value” that the jury would inevitably likely be exposed to once those two witnesses were placed on the stand today (Wednesday, November 1, 2023).

Well, it was a necessary strategy in our opinion because the concerns appeared to be quite legitimate; furthermore, there was a third such witness, Dr. Akula’s nephew, Joshua Bruce, who, in our firm opinion, the prosecution would have been better off to have left alone in Fresno, California and not have called at all.

We can only surmise that they felt a definitive need to attempt to shore up the feared jury-perception credibility and/or integrity concerns of the tandem of Anderson and May and that Bruce would provide at least an incremental advancement in that regard.

While Bruce did provide some potentially damning testimony (with one statement which corroborated testimony by a previous nurse practitioner, Ms. George) entailing Dr. Akula, the animosity held by both George and Bruce toward Akula was oftentimes palpable and barely concealed at all on the witness stand.

Furthermore, we believe Bruce provided testimony about himself which, in our opinion, came across very unfavorably.  Furthermore, in responding to questions by defense counsel on cross examination, Bruce provided testimony quite favorable to Dr. Akula, his obvious animus toward him notwithstanding.  In our opinion, he was a net negative for the prosecution team.

Now let’s view an overview of Wednesday’s court proceedings entailing USA v. Shiva Akula:

Overview of Day 3 of USA v. Shiva Akula transpiring in Federal Court in New Orleans in Judge Lance Africk’s courtroom.

Judge Africk concluded today’s proceedings by indicating, “there’s plenty more to come!”  We’ll be there to cover it (especially since no other media outlet is), and we’ll report on day four (4) of the trial most likely within 7-8 hours of it wrapping up tomorrow.

CLICK HERE for the day 3 minute entry by the court. 

Dr. Shiva Akula, whose Federal trial entailing 23 counts of alleged Medicare fraud commenced in the Federal Court for the Eastern District of Louisiana in New Orleans on Monday, October 30, 2023.

In today’s Sound Off Louisiana feature, founder Robert Burns, who (along with community activist Belinda Parker-Brown) provided this overview of Day 1 of USA v. Shiva Akula, provides an overview of the second day of the trial, which transpired on Tuesday, October 31, 2023:

October 31, 2023:  Burns provides overview of Day 2 of USA v. Shiva Akula.

As Burns stated he’d do in the video, here’s the link for guidance on the nature of the qui tam lawsuit filed by future prosecution witness Kelly Anderson.  From that Cornell University explanation:

In a qui tam action, a relator brings an action against a person or company on the government’s behalf. The government, not the relator, is considered the plaintiff. If the government succeeds, the relator bringing the suit receives a share of the award. This is also called a popular action.

For example, the federal False Claims Act authorizes qui tam actions against parties who have defrauded the federal government. If successful, a relator in a False Claims Act qui tam action may receive up to 30% of the government’s award.

As Burns stated, the qui tam action is a key reason Akula defense attorney David DeVillers stressed in opening arguments that Kelly Anderson has been provided with, “boatloads of money” for her testimony.

As Burns indicated, today’s (Tuesday’s October 31, 2023) trial segment had to be scored as a win for prosecutors (at least on paper), but that doesn’t mean the prosecution didn’t have a low point in the day’s proceedings.  Here is that low point with near-verbatim dialogue at the trial:

<With Dr. William Blalock on the stand and under direct examination by Assistant U. S. Attorney J. Ryan McLaren.>

McLaren:  “Okay, when the FBI first contacted you in early 2018, what did the FBI agent state to you?”

DeVillers:  “Objection!”

Judge Lance Africk:  “Sustained!”

McLaren:  “Okay, the FBI agent’s communications with you…..”

DeVillers:  “Objection!”

Judge Africk:  “I sustained the objection!”

McLaren:  “Your Honor, I was going to rephrase the question.”

Judge Africk:  “I have sustained the objection!  I don’t care how you rephrase it, it would remain hearsay!”

Burns has attended many trials, and he can recall only one instance in which a future witness was as anticipated to provide the kind of fireworks that are anticipated for future prosecution witness Kelly Anderson:  Brant Thompson (son of long-time State Senator Francis Thompson) in USA v. Murphy Painter.

In that matter, despite all the hype and anticipation of Thompson’s testimony, what eventually transpired during that testimony was a wet blanket.

We certainly don’t expect that to be the case entailing upcoming prosecution witness Kelly Anderson and, as Burns said on the video, he really doesn’t care if her testimony transpires at 5 a.m. in the morning, he wants to be there whenever it does go down!

CLICK HERE for the day 2 minute entry by the court.

Dr. Shiva Akula, whose Federal trial entailing 23 counts of alleged Medicare fraud commenced in the Federal Court for the Eastern District of Louisiana in New Orleans on Monday, October 30, 2023.

Sound Off Louisiana subscribers may recall our April 30, 2023 feature entailing USA v. Shiva Akula, who is facing 23 counts of alleged Medicare fraud.

In today’s Sound Off Louisiana feature, founder Robert Burns and community activist Belinda Parker-Brown review the first day of Akula’s trial, which commenced on Monday, October 30, 2023 in Federal Court in the Eastern District of Louisiana in New Orleans, Louisiana:

October 30, 2023:  Burns and Parker-Brown provide overview of Day 1 of USA v. Shiva Akula.

As Burns and Parker-Brown headed for their cars, Burns lamented to Parker-Brown that they’d forgotten to provide the sharp contrast between what the Government claims Akula did regarding corrective action in the aftermath of a 2014 Medicare audit and what Akula claims he did.  Burns indicated that he’d provide that material in the text of this feature, but Parker-Brown convinced Burns to simply produce a quick supplemental video on that matter.  Here’s that video supplement:

October 30, 2023:  Burns provides brief supplement to Day 1 of USA v. Shiva Akula video above.

The remaining days of this trial should prove very intriguing, particularly when witness Kelly Anderson takes the witness stand!

CLICK HERE for the day 1 minute entry by the court.