United States ex rel. Rahman v. Oncology Associates, P.C.

198 F.3d 489, 45 Fed. R. Serv. 3d 131, 1999 U.S. App. LEXIS 29316
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 8, 1999
DocketNo. 99-1979
StatusPublished
Cited by60 cases

This text of 198 F.3d 489 (United States ex rel. Rahman v. Oncology Associates, P.C.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States ex rel. Rahman v. Oncology Associates, P.C., 198 F.3d 489, 45 Fed. R. Serv. 3d 131, 1999 U.S. App. LEXIS 29316 (4th Cir. 1999).

Opinion

Affirmed by published opinion. Judge NIEMEYER wrote the opinion in which Judge WIDENER and Senior Judge MICHAEL joined.

OPINION

NIEMEYER, Circuit Judge:

This appeal presents the question of whether the district court had authority to enter a preliminary injunction freezing the defendants’ assets.

The district court entered a pre-judgment, asset-freezing injunction on the United States’ allegations that the defendant oncology service providers defrauded the Medicare and CHAMPUS1 programs and thereafter were engaging in complex reorganizations and transfers of assets to insulate themselves from liability. The injunction ordered the defendants not to “enter into any mergers or reorganizations and ... not [to] sell, transfer, or assign assets outside of the ordinary course of business.” Several months after entry of the injunction, when the Supreme Court handed down its decision in Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308, 119 S.Ct. 1961, 144 L.Ed.2d 319 (1999), the defendants filed a motion to dissolve the injunction, arguing that under Grupo Mexicano, the district court lacked authority to issue the injunction freezing their assets. The district court denied the motion to dissolve, concluding that because both money damages and equitable relief are sought in this case, the controlling authority is not Grupo Mexicano but Deckert v. Independence Shares Corp., 311 U.S. 282, 61 S.Ct. 229, 85 L.Ed. 189 (1940), and that to serve the public interest, the status quo should be maintained during the pendency of proceedings. For the reasons that follow, we hold that the district court had authority, under both its general equitable power and Federal Rule of Civil Procedure 64, to [493]*493enter the injunction, and, accordingly, we affirm.

I

On August 25, 1998, the United States filed its complaint in this case against Dr. Douglas Colkitt, his wife, and his business partner, Dr. Jerome Derdel. Doctors Colkitt and Derdel are physicians specializing in radiation oncology. The United States also sued more than 80 healthcare entities owned, operated, or controlled by Colkitt that provide diverse healthcare services in the area of radiation oncology (collectively referred to as “oncology service providers”). As subsequently amended, the complaint alleges that the individual defendants and the oncology service providers engaged in fraudulent billing schemes involving the Medicare Part B program from 1992 to 1997 and the CHAMPUS program from 1992 to 1996, causing losses to these programs in excess of $12 million. Specifically,, the United States alleges that the defendants claimed reimbursement on bills for radiation oncology services that were not provided or ordered by the physician and on bills for unnecessary radiation oncology services, and that the defendants misrepresented the medical services rendered in order to obtain both higher and double reimbursements for services.

The United States’ amended complaint includes eight counts filed variously on behalf of the Health Care Financing Administration (with respect to the Medicare program) and the Department of Defense (with respect to the CHAMPUS program) and names various of the defendants in each count. Counts I, II, and III assert claims under the False Claims Act for presenting false claims, presenting false statements, and conspiracy to submit false claims. Count IV alleges that the defendants unjustly enriched themselves. Count V alleges that payments were made to defendants under a mistake of fact. Count VI alleges that all actions of the defendants were actions of Colkitt under an alter ego theory. Count VII alleges fraudulent transfers under the Federal Debt Collection Procedures Act of 1990. And Count VIII alleges successor liability for specified corporations. The relief sought includes: (1) damages in excess of $12 million, trebled; (2) statutory penalties; (3) disgorgement of “interests, earnings, salaries, and profits” that were illegally obtained; (4) the voiding of fraudulent transfers; (5) the imposition of a constructive trust on “funds or property” that were proceeds of or purchases from illegal reimbursements; (6) prejudgment interest; and (7) such other relief as may be required. The United States estimates that the penalties and treble damages amount to approximately $86 million.

Several months after filing its complaint, the United States filed a motion for a temporary restraining order and a preliminary injunction to freeze the defendants’ assets. The United States alleged that the defendants were making “some transfers ... to the Caribbean Island of Nevis.” It stated that it knew of six sales, but that one day before filing its motion, some additional entities “sold their equipment.” The United States observed that the defendants were “selling the very assets of those centers that were allowing those centers to operate” and that several sales had involved millions of dollars for which the defendants had not yet received any moneys.

Following a hearing, the district court entered a temporary restraining order on March 12, 1999, which prohibited defendants from selling, transferring, or assigning any of their assets outside the ordinary course of business, or entering into any mergers or acquisitions, without obtaining permission from the United States or the district court. The injunction also required the defendants to place promissory notes from past sales of assets, as well as from any future sales that might occur, into an escrow account as security for any judgment. Finally, the injunction prohib[494]*494ited the defendants from transferring any funds outside the United States to conceal assets or avoid collection of any judgment. The injunction was to remain in effect until a hearing on the motion for a preliminary injunction could be held, and if none were held, it would remain in place during the pendency of the action. The defendants never requested a hearing on the injunction, nor did they appeal it, and they have agreed that the temporary restraining order should be treated as a preliminary injunction.

Three months after the injunction had been entered, when the Supreme Court issued its decision in Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308, 119 S.Ct. 1961, 144 L.Ed.2d 319 (1999) (holding that an injunction freezing assets may not be entered in an action for damages where no lien or equitable interest in the assets is claimed), the defendants moved to dissolve the injunction based on the Court’s holding. Following a hearing on the motion, the district court denied the motion to dissolve, concluding that Grupo Mexicano “does not require that the TRO be dissolved.” The court observed that Grupo Mexicano was limited to actions for money damages “in which no lien or equitable interest is claimed.” As the district court observed:

In this particular case, both money damages and equitable relief are sought.

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198 F.3d 489, 45 Fed. R. Serv. 3d 131, 1999 U.S. App. LEXIS 29316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-rahman-v-oncology-associates-pc-ca4-1999.