Hi all, just to give you a sense of how serious this is, here are some of the main and RICO claims in the complaint . Keep in mind that one of the plaintiff's attorney's ( J Antonio DelCampo, was originally a judge overseeing the case when it first began.
He retired and then joined the plaintiff team Harris Penn Lowry DelCampo, LLP. and started helping the lead attorney on it. That says much about the strength of the case.
( NNG=Narconon of Georgia; NNI = Narconon International; Delgado Development - Don and Maria Delgado, CoS Georgia
ACTS OF FALSE STATEMENTS TO A GOVERNMENT AGENCY[..]
At all relevant times, NNI heavily regulated the Narconon Life Skills Program and performed routine audits to ensure compliance with NNG's license to implement L. Ron Hubbard's "technology." NNI was routinely copied on NNG's internal memoranda concerning the operations of NNG, including NNG's emergency Urgent Directives concerning the conditions of housing at Delgado. As a result, NNI either knew or should have known that NNG was operating in violation of State regulations and had illegally incorporated a surrogate residential facility. NNI, by and through its licensing fee agreement, also profited from NNG's fraudulent scheme and is therefore associated in fact with NNG, Mary Rieser, Delgado, Maria and Don Delgado, and Dr. Robbins. [..]
THEFT BY DECEPTION AND MAIL FRAUD
117.
At all relevant times, NNG, by and through its agents, employed a scheme or artifice to defraud by representing the Narconon program as a facility that could and would provide any service, regardless of truth or accuracy, if doing so would secure the students enrollment and payment for the program.
Particularly, NNG, by and through its agents, fraudulently represented to the Desmonds and the Brevard County Drug Court that NNG was a residential treatment program and would provide treatment to Patrick for a period of six months.
119.
At all times relevant hereto, NNG's letterhead always included an "outpatient" designation when correspondence between NNG and DHR took place. However, Mary Rieser and employees acting at her direction intentionally removed the word "outpatient" from NNG's letterhead when written communication between NNG and a court agency occurred.
120.
On September 10, 2007, NNG, by and through its agent Mary Rieser, personally represented that NNG was a residential program, lasting for at least for six months. Rieser faxed the Drug Court director information providing further assurances that Patrick would be treated in a residential facility. Rieser intentionally removed the "outpatient" designation from the letterhead.
121.
NNG, in furtherance of its scheme to defraud and secure Patrick's enrollment, intentionally removed the "outpatient" designation from letterhead on correspondence directed to Patrick's criminal defense attorney, soliciting support for Patrick's enrollment in NNG.
122.
In reliance on the false and material representations of NNG, Patrick arrived at NNG on September 24, 2007. Upon his arrival, NNG, by and through its agent Rieser, accepted payment in the amount of $13,000.00 (thirteen thousand dollars) from the Desmonds for six months of residential alcohol treatment and rehabilitation.
COUNT V:
CIVIL CONSPIRACY BY NNG, NNI AND DELGADO
161.
NNG, NNI and Delgado acted together and in concert to facilitate the unlicensed and illegal operation of a drug and alcohol rehabilitation housing program at the One Sovereign Place apartment complex.
162.
The actions of NNG, NNI, and Delgado to facilitate the illegal and unlicensed operation of a drug and alcohol rehabilitation program at One Sovereign Place proximately caused Patrick Desmond's death, pain and suffering, and other damages.
COUNT VII:
FRAUD OF NNI
166.
In the immediate aftermath of the death of Patrick W. Desmond, NNI, by its agents, employees or representatives, coordinated efforts to perpetrate a fraudulent coverup of the circumstances and events leading up and resulting in his death. Such efforts included, but were not limited to the following:
a. providing intentionally false and misleading information or causing intentionally false and misleading information to be provided to law enforcement entities, to include but not be limited to the DeKalb County Medical Examiner's Office; and
b. drafting and submitting an intentionally false and misleading report dated June 19, 2008 or causing an intentionally false and misleading report dated June 19, 2008 to be drafted and submitted to the Brevard County Drug Court, supposedly pursuant to O.C.R R.G. §290-4-2.09 (13).
COUNT VIII:
CIVIL RICO FOR FALSE STATEMENTS TO A GOVERNMENT AGENCY
167.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully acquired, maintained an interest in, and/or had control over, an enterprise or property of any nature, including money, through a pattern of racketeering activity.
168.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully sought employment by or associated with an enterprise to either conduct or participate in, either directly or indirectly, the enterprise through a pattern of racketeering activity.
169.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, are associated in fact and therefore engaged in at least two acts of racketeering activity by committing numerous counts of False Statements and Writings to a Government Agency, as defined by O.C.G.A § 16-10-20, by knowingly and willfully falsifying, concealing or covering up by trick, scheme, or other device the following material facts:
a. Knowingly and willfully falsifying and/or concealing from DHR the true nature and scope of Dr. Robbins' duties as a medical director as contemplated and required by DHR in order for NNG to obtain its 2007 ambulatory detoxification license.
b. Knowingly and willfully falsifying Joan Daniels as a clinical director on all license applications between 2004 and 2007, who is responsible for all treatment services, and/or concealing from DHR the true nature and scope of Joan Daniels' employment, which was contrary to that required by DHR for clinical directors.
c. Knowingly and willfully falsifying Robin Muse as a clinical director on NNG 2007 license application, who is responsible for all treatment services, and/or concealing from DHR the true nature and scope of Robin Muse's employment, which was contrary to that required by DHR for clinical directors.
d. Knowingly and willfully concealing from DHR that NNG was illegally operating a residential drug and rehabilitation facility without the proper licensing from the State on all license applications between 2003 and 2007.
e. Knowingly and willfully falsifying and/or concealing from DHR the detoxification component of NNG treatment regimen in its 2003 license application solely for an outpatient facility.
f. Knowingly and willfully falsifying and/or concealing from DHR NNG's compliance with creating adequate individualized treatment plans, routinely updating patient files, and creating discharge and aftercare plans on all license applications between 2003 and 2007.
g. Knowingly and willfully falsifying and/or concealing from DHR NNG compliance with ensuring a drug-free workplace on all license applications h. Knowingly and willfully concealing from DHR NNG's compliance with the DHR Rules prohibiting behavioral management techniques denying students of
essential program services on all license applications between 2003 and 2007
COUNT IX
CIVIL RICO BY MAIL FRAUD
170.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully sought employment by or associated with an enterprise to either conduct or participate in, either directly or indirectly, the enterprise through a pattern of racketeering activity.
171.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully acquired, maintained an interest in, and/or had control over, an enterprise or property of any nature, including money, through a pattern of racketeering activity.
172.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, are associated in fact, and therefore engaged in at least two acts of racketeering activity by committing numerous counts of mail fraud in violation of 18 U.S.C.A. § 1343, by having transmitted written communication by wire or mail that was devised in scheme to defraud and/or constituted an attempt to obtain money or property by a means of false or fraudulent pretenses, representations, or promises.
173.
Specifically, NNG enrolled patients sentenced to residential rehabilitation in lieu of incarceration by intentionally removing or omitting the word "outpatient" in NNG's letterhead transmitted by facsimile and/or email to the following:
a. Officers of Florida Drug Court on September 10, 2007, January 4, 2008, and June 4, 2008, as well as Patrick Desmond's criminal defense attorney on September 10, 2007.
b. Officers of the Tennessee criminal court pertaining to Bradley Taylor on January 7, 2008.
COUNT X
CIVIL RICO BY THEFT BY DECEPTIONS
174.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully sought employment by or associated with an enterprise to either conduct or participate in, either directly or indirectly, the enterprise through a pattern of racketeering activity.
175.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, unlawfully acquired, maintained an interest in, and/or had control over, an enterprise or property of any nature, including money, through a pattern of racketeering activity.
176.
NNI, NNG, Delgado, and Dr. Robbins, by and through their agents, are associated in fact, and therefore engaged in at least two acts of racketeering activity by committing theft by deception, in violation of O.C.G.A. § 16-8-3, by obtaining money by deceitful means or artful practice with the intention of depriving the owner of the property, specifically by creating or confirming an impression and/or failing to correct the false impression and/or promising to perform services in which NNG did not provide to the Florida Drug Court, Plaintiffs Patrick and Mary Desmond, the Tennessee Court, and Bradley Taylor's father in the following particulars:
a. That NNG was licensed to provide residential rehabilitation treatment.
b. That NNG would provide adequate supervision of its patients twenty four hours a
day.
c. That NNG would provide substantive education as the physiological component of
alcohol and substance abuse on the body.
d. That NNG was otherwise in compliance with applicable DHR Rules governing
drug and rehabilitation treatment facilities.
PUNITIVE DAMAGES AGAINST NARCONON AND NNI
177.
NNG and NNI acted intentionally and in concert in illegally operating an unlicensed housing program for its drug and alcohol rehabilitation patients, making intentionally false and fraudulent representations to Patrick C. Desmond, Mary C. Desmond, and the Brevard County Drug Court, and perpetrating a fraudulent cover-up of the circumstances and events leading up and resulting in the death of Patrick W. Desmond. Additionally, NNG's operation of, and NNI's knowledge of, its drug and alcohol rehabilitation program showed willful misconduct, wantonness, oppression, or that entire want of care which raises the presumption of conscious indifference to consequences.
Accordingly, Plaintiffs are entitled to an award of punitive damages pursuant to O.C.G. A. §
51-12-5.1.
WHEREFORE, Plaintiffs pray for the following relief:
1. That summons and process be issued requiring these Defendants to appear
as provided by law to answer the allegations of this Complaint;
2. That Plaintiffs have a TRIAL BY JURY of all issues so triable;
3. That Plaintiffs recover from Defendants the following: special damages such as: medical and hospital expenses, funeral expenses, past and future lost earnings, general damages for Patrick W. Desmond's bodily injury, fright, terror, pain and suffering and other necessary expenses incurred as a result of the incident at issue; and additional damages constituting the full value of the life of Patrick W. Desmond. The amount of all such compensatory damages shall be proven at trial and determined by the enlightened conscience of a jury;
4. That Plaintiffs recover punitive damages against the Defendants in amounts to be determined by the enlightened conscience of a jury;
5. That Plaintiffs have and recover all damages to which they are entitled
under Georgia law; and
6. That Plaintiffs have all such other and further relief as this Court deems
just and appropriate.
Respectfully submitted on this 21st Day of March 2012
Jeffrey R Harris
....
Harris Penn Lowry DelCampo, LLP
http://alley.ethercat.com/storage/10A28641/10A28641-2-2012-03-27-PlaintiffFirstAmendedComplaintToAddAllegationsAndClaims.pdf