October 2009 Archives

The Business Software Alliance (BSA), the voice of the world's commercial software industry, has identified Texas as a national hotspot in terms of reports of illegal software use and is urging individuals across the state and in the Houston area specifically to report the use of pirated software by businesses to NoPiracy.com.

In conjunction with the online software piracy reporting network at NoPiracy.com, BSA also maintains the manned 1-888-NO PIRACY hotline. Individuals can confidentially offer information on unlicensed software use as well as register to claim rewards of up to $1 million. Since 2008, BSA has paid a total of $220,650 in rewards for verifiable tips of software piracy. Despite the rewards program, many opt not to take the reward, citing their motivation as simply "to do the right thing."

Reporting by the general public over the past nine months shows that the state of Texas is a top five hotspot for reports of illegal software use with a large portion coming from the Houston area. Dallas-Ft. Worth was a close second in terms of reports of software piracy, while the Austin and San Antonio regions were a distant third and fourth.

"This is the first time BSA has identified specific U.S. states as 'Software Piracy Hotspots,' although our records over the last years have shown that Houston has consistently been active in terms of illegal software reports," said Jenny Blank, Senior Director of Legal Affairs for BSA. "Our analysis of the trends suggests two things: First, given the number of leads from Southeastern and central Texas, people in the state are obviously quite concerned about this issue and don't like the idea of local companies using what amounts to stolen software products. Second, there are clearly a lot of companies in Texas who are not concerned that they are breaking the law and are willing to take the risks associated with that decision. For many companies, such blatant disregard for the law has proven costly."

Each year, BSA receives on average over 2,500 reports of software piracy from across the country. The majority of the reports come from current or former employees who had information related to the unlicensed software activity.

According to the Sixth Annual BSA-IDC Global Software Piracy Study, the retail value of unlicensed software installed in 2008 -- representing revenue losses to software companies -- was estimated at $9.1 billion in the United States and $53 billion worldwide.

The national average software piracy rate in 2008 was 20%, meaning that one in five pieces of PC software installed in the United States was unlicensed. Texas' rate however is also 20% according to the 2007 State Piracy Report released last year and also conducted by IDC. While in line with the national average, the rate is still dismally high given the cost of piracy to the economy.

Software piracy in Texas cost software vendors an estimated $627 million, which is the third-highest figure of the eight states included in the study. Lost revenues to a wider group of Texas software distributors and service providers cost an additional $1.7 billion, which is, for example, enough to hire more than 9,200 tech workers. The lost state and local tax revenues -- $223 million -- would also have been enough to fund the hiring of more than 4,000 experienced police officers. These are significant economic losses especially in light of the troubled economy.

Reducing piracy brings tangible economic benefits to the local IT industry and local communities. For every $1 of PC software licensed, there is another $3 to $4 of revenues for local service and distribution firms, as well as tax revenues to support local services, according to the BSA-IDC Global Software Piracy Study.

"Staggering economic losses like these clearly appear to resonate with many individuals in Texas who have decided to come forward and confidentially report instances of unlicensed software use in their organizations," said Blank.

Financial Risks

Businesses found to be using unlicensed software may be required to pay thousands of dollars in damages to BSA. A company found using unlicensed software and violating copyright laws could pay damages of up to $150,000 for each software title copied. If convicted, violators can be fined up to $250,000 per title or given a jail term of up to five years, or both.

When BSA receives a tip about a company using pirated software, it typically contacts the company and asks it to conduct an audit of its software assets. If unlicensed software is found, the next step is for both parties to work toward a resolution that involves immediate legalization of software.

Security Risks

Pirated software can also pose security risks to the users' networks and computers. Company computers can be infected with trojans, viruses, malware, and other threats, and this in turn can expose sensitive data and personal information of employees and customers. As companies and government agencies have found, having confidential information exposed to outsiders is costly and can put an organization's reputation at risk.

Tools & Resources to Ensure Compliance

BSA works with businesses to help ensure that their company isn't at risk of the financial, technical, and legal risks associated with illegal software. In addition to the educational and self-audit resources provided online at www.bsa.org, BSA has partnered with the U.S. Small Business Administration to educate up to 100,000 small businesses on software licenses, copyright laws, tips on how to purchase safe and legal software online, and how to develop an SAM program.

Troy, Mich., resident Syed Aziz pleaded guilty today in U.S. District Court in Detroit to participating in a conspiracy to defraud the Medicare program, Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Terrence Berg of the Eastern District of Michigan and Daniel R. Levinson, Inspector General of the Department of Health & Human Services (HHS) announced.

In his plea today, Aziz, a licensed physical therapist, admitted that he began working in approximately May 2005 as a contract therapist for a co-conspirator, Suresh Chand. Chand owned and controlled several companies operating in the Detroit area that purported to provide physical and occupational therapy services to Medicare beneficiaries. Aziz admitted that he, Chand, and others created fictitious therapy files appearing to document physical and occupational therapy services provided to Medicare beneficiaries, when in fact no such services were provided. According to court documents, the fictitious services reflected in the files were billed to Medicare through sham Medicare providers controlled by co-conspirators.

Chand admitted to paying cash kickbacks and other inducements to Medicare beneficiaries in exchange for the beneficiaries' Medicare numbers and signatures on documents falsely indicating that they had received physical or occupational therapy. Chand pleaded guilty on Sept. 28, 2009, in U.S. District Court in Detroit to one count of conspiracy to commit health care fraud and one count of conspiracy to launder money. Aziz admitted that he was one of the licensed physical or occupational therapists from whom Chand obtained signatures on fictitious "progress notes" and other documents falsely indicating that the therapists had provided services to the Medicare beneficiaries.

Aziz also admitted that during the course of the scheme, he signed approximately 400 fictitious physical therapy files, indicating that he had provided physical therapy services to Medicare beneficiaries, when in fact he had not. Aziz admitted that he was paid between $70 and $90 for each file he falsified. Aziz also admitted that between approximately May 2005 and December 2006, he falsified physical therapy files that supported claims to the Medicare program totaling approximately $1,895,000. According to court documents, Medicare paid approximately $817,000 on those claims. Aziz admitted that throughout the conspiracy he was fully aware that Medicare was being billed for physical therapy services that he falsely indicated he had performed.

At sentencing, scheduled for Feb. 3, 2010, Aziz faces a maximum prison sentence of 10 years and a $250,000 fine.

The case is being prosecuted by Trial Attorneys John K. Neal, Gejaa T. Gobena and Benjamin Singer of the Criminal Division's Fraud Section and by Special Assistant U.S. Attorney Thomas W. Beimers of the Eastern District of Michigan. The FBI and the HHS Office of Inspector General (HHS-OIG) conducted the investigation. The case was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Eastern District of Michigan.

Since the inception of Strike Force operations in March 2007 -- Miami (Phase One), Los Angeles (Phase Two), Detroit (Phase Three) and Houston (Phase Four) -- the Strike Force has obtained indictments of more than 331 individuals and organizations that collectively have billed the Medicare program for more than $720 million. In addition, HHS's Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Each of the Strike Force teams across the separate phases is led by a federal prosecutor from the Criminal Division's Fraud Section or the U.S. Attorney's Office. Each team has an agent from the FBI and HHS-OIG.

A former State Department employee was sentenced today to 12 months of probation for illegally accessing more than 75 confidential passport application files, Assistant Attorney General Lanny A. Breuer of the Criminal Division announced. William A. Celey, 28, of Washington, was also ordered to perform 50 hours of community service by U.S. Magistrate Judge Deborah A. Robinson in the District of Columbia. On July 10, 2009, Celey pleaded guilty to a one-count criminal information charging him with unauthorized computer access.

According to court documents, from August 2003 through July 2004, Celey worked as a contract employee for the State Department as a file assistant. According to plea documents, Celey admitted he had access to official State Department computer databases in the regular course of his employment, including the Passport Information Electronic Records System (PIERS), which contains all imaged passport applications dating back to 1994. The imaged passport applications on PIERS contain, among other things, a photograph of the passport applicant as well as certain personal information including the applicant's full name, date and place of birth, current address, telephone numbers, parent information, spouse's name and emergency contact information. These confidential files are protected by the Privacy Act of 1974, and access by State Department employees is strictly limited to official government duties.

In pleading guilty, Celey admitted that between June 22, 2004, and July 15, 2004, he logged onto the PIERS database and viewed the passport applications of more than 75 celebrities and their families, actors, models, musicians, athletes, record producers, family members, a politician and other individuals identified in the press. Celey admitted that he had no official government reason to access and view these passport applications, but that his sole purpose in accessing and viewing these passport applications was idle curiosity.

Celey is the sixth current or former State Department employee to plead guilty in this continuing investigation. On Sept. 22, 2008, Lawrence C. Yontz, a former Foreign Service Officer and intelligence analyst, pleaded guilty to unlawfully accessing nearly 200 confidential passport files. Yontz was sentenced on Dec. 19, 2008, to 12 months of probation and ordered to perform 50 hours of community service. On Jan. 14, 2009, Dwayne F. Cross, a former administrative assistant and contract specialist, pleaded guilty to unlawfully accessing more than 150 confidential passport files. On March 23, 2009, Cross was sentenced to 12 months of probation and ordered to perform 100 hours of community service. On Jan. 27, 2009, Gerald R. Lueders, a former Foreign Service Officer, watch officer and recruitment coordinator, pleaded guilty to unlawfully accessing more than 50 confidential passport files. Lueders was sentenced on July 8, 2009, to 12 months of probation and ordered to pay a $5,000 fine. On Aug. 17, 2009, Kevin M. Young, a contact representative, pleaded guilty to unlawfully accessing more than 125 confidential passport files. Young is scheduled to be sentenced on Dec. 9, 2009. On Aug. 26, 2009, Karak Busch, a former citizens services specialist, pleaded guilty to unlawfully accessing more than 65 confidential passport files. Busch is scheduled to be sentenced on Dec. 15, 2009.

These cases are being prosecuted by Trial Attorney Armando O. Bonilla of the Criminal Division's Public Integrity Section, headed by Section Chief William M. Welch II. The cases are being investigated by the State Department Office of Inspector General.

SOURCE U.S. Department of Justice

A Panamanian company that operated a 40,000-ton oil tanker ship that regularly made calls in multiple ports in Texas pleaded guilty today in federal court in Houston for deliberately concealing pollution discharges from the ship directly into the sea, the Justice Department announced.

Styga Compania Naviera S.A., the operator of the M/T Georgios M, pleaded guilty to three felony violations of the Act to Prevent Pollution from Ships for failing to properly maintain an oil record book as required by federal and international law.

According to a plea agreement filed with U.S. District Court for the Southern District of Texas, the company has agreed to pay a $1 million criminal fine along with a $250,000 community service payment to the congressionally-established National Marine Sanctuary Foundation. The money will be designated for use in the Flower Garden and Stetson Banks National Marine Sanctuary, headquartered in Galveston, Texas, to support the protection and preservation of natural and cultural resources located in and adjacent to the sanctuary.

"Stopping the illegal pollution from ships continues to be a priority for the Department," said John C. Cruden, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "As long as companies continue to bypass this nation's environmental laws, the department will continue to bring cases and seek justice for those involved."

"This case clearly demonstrates the Coast Guard's commitment to work with our interagency partners to aggressively enforce all maritime anti-pollution and safety of life at sea laws. The breadth and magnitude of the investigation that underpinned the charges brought forth is a testament to the dedication of all persons who were involved in resolving this matter including the Coast Guard Investigative Service, the Environmental Protection Agency, and the U.S. Department of Justice," said Rear Admiral Mary Landry, Eighth District Coast Guard commander.

"The seas must be protected and commercial vessels must operate safely and lawfully," said Paula D. Brown, Acting Special Agent in Charge for Environmental Protection Agency's Criminal Investigation Division in Houston. "Those who use the oceans or our waters as dumping grounds for waste oil and sludge will be vigorously prosecuted."

According to the joint factual statement, from December 2006 until February 2009, senior engineering officers and crewmembers acting on behalf of Styga installed a bypass pipe known as a "magic pipe" in order to avoid the pollution control equipment on-board the ship. The senior engineers then directed junior engineers to connect the so-called "magic pipe" and deliberately discharge sludge and oily waste directly into the ocean.

Federal and international law requires that all ships comply with pollution regulations that include the proper disposal of oily water and sludge by passing the oily water through a separator aboard the vessel or burning the sludge in the ship's incinerator. Federal law also requires ships to accurately record each disposal of oily water or sludge in an oil record book, and to have the record book available for the U.S. Coast Guard when the vessel is within the waters of the United States. The Georgios M often called on ports in Corpus Christi, Texas City, Freeport, and Houston, Texas while engaging in the international oil trade.

According to court documents, the engineers knowingly failed to make the required entries into the oil record book including the fact that sludge and oily waste had been discharged directly into the ocean using the "magic pipe" and circumventing the internationally required pollution control equipment. The senior engineers also made false entries in the oil record book to conceal the fact that the pollution control equipment had not been used. The crewmembers then attempted to conceal the discharges on Feb. 19, 2009, during a Coast Guard boarding at the port in Texas City, by providing the falsified oil record book to the boarding crew.

The investigation was conducted by the Coast Guard Marine Safety Unit Texas City, Texas; Coast Guard Investigative Service in Houston, and the Environmental Protection Agency Criminal Investigation Division in Houston. The case is being prosecuted by the Justice Department's Environmental Crimes Section.

SOURCE U.S. Department of Justice

Olshan Grundman Frome Rosenzweig & Wolosky LLP today announced that Kyle C. Bisceglie, as trial counsel, Renee M. Zaytsev and other Olshan attorneys including Herbert C. Ross and Joshua S. Androphy won a $44 million jury award in the U.S. District Court for the District of New Mexico in Albuquerque for client Guidance Endodontics, LLC. The verdict against Dentsply International, Inc. and Dentsply's endodontics subsidiary, Tulsa Dental Products, LLC, is reputed to be the largest current standing verdict in New Mexico state or federal court history. Olshan's co-counsel in New Mexico was Modrall, Sperling, Roehl, Harris and Sisk, PA led by its distinguished shareholder John J. Kelly, Esq.

The three-week trial from September 18, 2009 to October 9, 2009 before U.S. District Court Judge James O. Browning to a nine member jury was the culmination of multi-year, multi-jurisdiction litigations between Guidance, Dentsply and Tulsa Dental. In this case, Guidance sued Dentsply and Tulsa Dental on November 21, 2008 seeking damages and injunctive relief arising from multiple breaches of an exclusive manufacturing and supply agreement, anti-competitive and unfair business practices under the New Mexico Unfair Practices Act and violation of the Lanham Act. The Court granted Guidance both a temporary restraining order and preliminary injunction in eight days of hearings in December 2008 and January 2009. Dentsply and Tulsa Dental filed multiple claims of their own against Guidance and its founder, Dr. Charles J. Goodis.

At trial, Guidance alleged that the defendants intentionally thwarted Guidance's business by refusing to supply endodontic instruments as stipulated in the agreement between the companies. Additionally, Guidance claimed that Dentsply and Tulsa Dental disparaged Guidance, used their position as Guidance's supplier to their own competitive advantage and targeted Guidance and its customers. Guidance argued that defendants' motive was to retain defendants' dominant market share and high prices in the face of Guidance's low cost provider model of business.

The case was tried approximately ten months after Guidance sued. Guidance sought $6.7 million in compensatory and $52 million in punitive damages, and ultimately won $4 million in compensatory damages and $40 million in punitive damages. As part of its verdict, the jury found for Guidance on two claims for breach of contract, breach of the covenant of good faith and fair dealing and willful breach of the New Mexico Unfair Trade Practices Act.

"We are pleased with the jury's decision," said Mr. Bisceglie. "Clearly the jury sent a message to Dentsply about its business practices, and our hope is that Dentsply will heed and respect the jury's decision." The jury verdict could have far-reaching consequences for the endodontic and dental industry.

SOURCE Olshan Grundman Frome Rosenzweig & Wolosky LLP

Porter Wright Partner Joyce Edelman was the lead attorney in litigation that resulted in the Ohio Supreme Court imposing nearly $6.4 million in fines against American Family Prepaid Legal Corporation and Heritage Marketing and Insurance Services Inc. and their co-owners, Jeffrey and Stanley Norman, and directing the companies to cease all operations in the State of Ohio. These penalties resulted from Porter Wright's representation of the Columbus Bar Association in connection with the association's efforts to curtail an illegal trust mill scheme that preyed upon Ohio's elderly population and involved the unauthorized practice of law by non-lawyers.

In a statement released today, Columbus Bar Association President Elizabeth Watters lauded Ms. Edelman and her colleagues at Porter Wright: "I want to thank Porter Wright Morris & Arthur, LLP and its team of skilled lawyers - especially Joyce Edelman - who selflessly assisted the Columbus Bar on a pro bono basis. Their hard work and support was reflected in this decision, and they did a masterful job in arguing the case to the Supreme Court's Board of Commissioners on the Unauthorized Practice of Law and the Ohio Supreme Court. The case and the decision reflect the very best aspects of the law and the legal profession at work to benefit the public and protected it from the unprincipled and the greedy."

In the lawsuit, the Columbus Bar Association alleged that, over a number of years, American Family and Heritage Marketing ran a trust mill scheme in which they and their agents convinced thousands of Ohio senior citizens to pay nearly $2,000 for allegedly discounted prepaid legal services, which were never provided. Instead, the only product customers received was a living trust and other estate planning instruments, which, in many cases, were unnecessary or inappropriate to meet the customers' legal needs. To convince customers to buy, agents used aggressive tactics during in-home presentations that took advantage of customers' advanced age. They also used marketing materials that misrepresented facts, deceptively exaggerated the disadvantages of the probate process to frighten customers into purchasing living trusts, and overstated the need for and cost of attorney services during the probate process. The combination of tactics employed by the agents created a high-pressure, deceptive sales pitch to which many vulnerable citizens fell prey. Those citizens were often further victimized as a result of the companies' follow-up visits, which pressured customers to buy follow-on products such as insurance services and deferred annuities. Because the scheme resulted in non-lawyers offering legal advice, the Columbus Bar Association stepped in to protect the public.

Approximately 40 Porter Wright lawyers, law clerks, and staff members contributed to the firm's efforts on behalf of the Columbus Bar Association. Among those, Associate Aaron Shank worked hand-in-hand with Ms. Edelman to protect the public's interest. In all, the firm has invested thousands of pro bono hours on these matters during the last several years.

Porter Wright Morris & Arthur LLP is a large regional law firm that traces its origins to 1846 in Ohio. With offices in Cincinnati, Cleveland, Columbus, and Dayton, Ohio; Washington, D.C.; and Naples, Florida, Porter Wright provides counsel to a worldwide base of clients.

SOURCE Porter Wright Morris & Arthur LLP

Three Miami-Dade County, Fla., residents have been indicted in connection with an alleged $2.3 million Medicare fraud scheme operated out of X-Press Center, a Detroit-area clinic that purported to specialize in providing injection and infusion therapies, Assistant Attorney General of the Criminal Division Lanny A. Breuer, U.S. Attorney for the Eastern District of Michigan Terrence Berg and Daniel R. Levinson, Inspector General of the Department of Health & Human Services (HHS) announced today. In addition, a former manager at X-Press Center pleaded guilty to one count of conspiracy to commit health care fraud in connection with her management of the clinic.

Juan De Oleo, 49, Rosa Genao, M.D., 50, and Ingrid Mazorra, 35, were each indicted by a grand jury in Detroit with conspiracy to commit health care fraud and five counts of substantive health care fraud. Genao and Mazorra were also charged with one count of destroying records relevant to a federal investigation. In addition, De Oleo was charged with two counts of money laundering. The superseding indictment unsealed today added De Oleo, Genao and Mazorra to a pending indictment unsealed on June 24, 2009, charging seven defendants with alleged crimes related to their involvement with X-Press Center.

According to the superseding indictment, De Oleo was a part owner of X-Press Center, Genao was a physician employed at X-Press Center, and Mazorra was the clinic's office manager. The indictment alleges that De Oleo and his co-conspirators agreed to open a fraudulent infusion and injection therapy clinic, and to split the proceeds of fraud among themselves. According to the indictment, Medicare beneficiaries received kickbacks in return for visiting the clinic and signing forms indicating that they received treatments that were medically unnecessary or never provided. The indictment also alleges that Genao and Mazorra altered, falsified and destroyed patient records to attempt to justify the medically unnecessary services that were purportedly being provided at the clinic.

The indictment alleges that De Oleo, Genao, Mazorra and their co-conspirators caused approximately $2.3 million in fraudulent billing to the Medicare program for services at X-Press Center that were medically unnecessary or never provided.

The charges of health care conspiracy and health care fraud carry a maximum sentence of 10 years in prison and a $250,000 fine, per count. The charge of destroying records carries a maximum sentence of 20 years in prison and a $250,000 fine. The money laundering charges carry a maximum penalty of 10 years in prison and a $500,000 fine, per count.

An indictment is merely a charge and defendants are presumed innocent until proven guilty.

Also today, Dulce Briceno, 57, pleaded guilty before U.S. District Judge Ursula Ungaro in the Southern District of Florida to one count of conspiracy to commit health care fraud. In pleading guilty, Briceno admitted that in approximately September 2006, she agreed to manage the clinic on a day-to-day basis in exchange for a percentage of the profits the clinic generated. Briceno admitted that during the time the clinic was open, the clinic routinely billed the Medicare program for services that were medically unnecessary or were never provided. Briceno admitted that she and her co-conspirators at the clinic had purchased only a small fraction of the medications that the clinic billed the Medicare program for providing.

Briceno admitted that Medicare beneficiaries were not referred to X-press Center by their primary care physicians, or for any other legitimate medical purpose, but rather were recruited to come to the clinic through the payment of kickbacks. In exchange for those kickbacks, Briceno admitted that the Medicare beneficiaries would visit the clinic and sign documents indicating that they had received the services billed to Medicare. According to court documents, kickbacks paid to Medicare beneficiaries at the clinic were made in the form of cash and prescriptions for narcotic drugs.

Briceno also admitted that between approximately September 2006 and March 2007, she and her co-conspirators at X-Press Center caused the submission of approximately $2.3 million in false and fraudulent claims to the Medicare program for services purportedly provided at X-Press Center. Medicare paid approximately $1.8 million on those claims.

At her sentencing, scheduled for Jan. 15, 2010, Briceno faces a maximum of 10 years in prison and a $250,000 fine. Briceno was originally charged in the Eastern District of Michigan, but after her arrest in Miami, she consented to have her case transferred to the Southern District of Florida for her plea and sentence.

The cases are being prosecuted by Trial Attorneys John K. Neal and Benjamin D. Singer of the Criminal Division's Fraud Section. The FBI and the HHS Office of Inspector General (HHS-OIG) conducted the investigation. The cases were brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Eastern District of Michigan.

Since their inception in March 2007, Strike Force operations in four districts have obtained indictments of 300 individuals who collectively have falsely billed the Medicare program for more than $680 million. In addition, HHS's Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.

Source: U.S. Department of Justice

A settlement in excess of $36 million has been reached in the litigation related to the catastrophic, August 13, 2008 Riverwalk at Millennium Apartment Complex fire in suburban Conshohocken, attorneys for the residents, their insurance companies, and the defendants jointly announced today.

Robert J. Mongeluzzi of Saltz Mongeluzzi Barrett & Bendesky PC, interim lead counsel for the plaintiffs, and J. Brian O'Neill, the Conshohocken real estate developer, said at a news conference that the $36.25 million global settlement concludes all outstanding litigation on behalf of the fire victims, together with the litigation related to the cost of re-building the two destroyed apartment buildings at Riverwalk. The settlement also concludes the claims brought by the Law Offices of Robert A. Stutman, PC, of Ft. Washington, PA, which served as liaison counsel on behalf of the subrogated insurance company plaintiffs who provided coverage to many of the tenants.

Mongeluzzi said the victims are relieved and generally satisfied with the settlement. "They can finally get on with their lives," he said on behalf of the victims. "While the financial reimbursement does not come close to replacing cherished belongings and memories, the amount recovered is substantial, fair and just. Attorney Stutman, defense counsel, Montgomery County Court of Common Pleas Judge Gerald Corso, and U.S. District Court Judge Petrese B. Tucker, and the court-appointed mediator, the Honorable James Melinson (Ret.), are to be commended for working to help reach this conclusion in very complex litigation. They were diligent, creative and saved valuable time and expense for our citizens."

Robert A. Stutman, Esq., whose law firm concentrates its national practice on insurance company representation in property and worker's compensation matters, teamed on this complex, catastrophic case with Mongeluzzi and SMBB. He noted, "This is an example of an excellent outcome as a result of the pooled resources of our respective attorneys and experts."

The former residents of the apartment complex, located along the Schuylkill River, filed a class action complaint (08-23265, Court of Common Pleas Montgomery County) that alleged negligence on the part of welders employed by an Aston, Delaware County contractor. That contractor was named as a defendant along with others responsible for various roles in the construction, management and development of the complex. O'Neill's company, O'Neill Properties, was the developer of the complex.

On the one-year anniversary of the fire, Mongeluzzi publicly reported little movement toward a settlement. He said Judge Melinson, the mediator, was instrumental in helping to bring the sides together to resolve the matter and avoid what surely would have been a long and costly jury trial. "The mediator helped all of the defendants realize that the risk of going before a jury was much greater than reaching a fair and reasonable settlement," Mongeluzzi explained.

"This has been an incredibly emotional ordeal for our family and we're just happy that there is some closure," said Dr. Irwin Becker, a family doctor whose apartment was destroyed in the fire. "We lost valuables but we've always known that nothing is more valuable than our loved ones, and our knowledge that some good might come from the lessons learned from this horrible tragedy."

The SMBB firm in recent years has successfully represented victims of numerous construction disasters, including the collapses of the Tropicana casino garage, Pier 34, and the Kimmel parking garage.

In addition to Mr. Mongeluzzi, the SMBB counsel team includes Patrick Howard and Larry Bendesky. Mr. Stutman's co-counsel included Michael Hopkins and Daniel Hogan from his firm.

The Stutman firm has represented major insurance companies on large fire losses and mass torts throughout the country, including the 2007 California wildfires, a $50 million refrigeration plant fire in Kentucky, and the catastrophic fire which destroyed the "White Building" at 12th and Sansom Streets in Philadelphia.

SOURCE Saltz, Mongeluzzi, Barrett & Bendesky, PC