West Palm Beach Attorneys Announce Payment of $3.1 Million Settlement with South Florida Imaging Center in Medicare Qui Tam Action

WEST PALM BEACH – The law firms of McCabe Rabin, P.A. and Bruce E. Reinhart, P.A. announce the payment of a $3.1 Million qui tam settlement, including attorney’s fees, that they and Department of Justice attorneys reached with Midtown Imaging, LLC (“Midtown”) and its former owners for claims alleged by two radiologists (the “Relators”). Midtown owns several diagnostic imaging centers in Palm Beach County, Florida. The Relators worked for a radiology group that provided medical services to Midtown. The Relators filed their claims under the Federal False Claims Act (31 U.S.C. § 3729), known as the federal whistleblower statute.

On November 12, 2009, the Relators filed their qui tam action in the United States District Court for the Southern District of Florida (Case No. 09-82209). The complaint alleged that Midtown submitted false claims to Medicare between 2000 and 2008 by entering into certain leasing and professional services agreements with referring physicians and physician groups that violated the federal Anti-Kickback Statute and Stark Law.

The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid or other federally-funded programs. The Stark Law prohibits a medical center from profiting from patient referrals made by a physician with whom the center has an improper financial arrangement.

A copy of the settlement agreement may be found in the court file at https://ecf.flsd.uscourts.gov/cgi-bin/login.pl . The Relators’ share from the $3.1 million settlement is $700,000, inclusive of attorney’s fees.

In addressing the settlement, the Relators’ qui tam lawyer and co-counsel, Adam Rabin, said “We are very pleased with the settlement after several years of hard work and analysis of the complex referral schemes. We are happy that our firm was able to work so well with the Department of Justice and the United States Attorney’s Office in bringing this case to a favorable resolution.” The Relators’ qui tam attorney and co- counsel, Bruce Reinhart, added, “I believe my prior experience as a federal prosecutor was extremely valuable to our clients’ case. It expedited our review of the schemes, it helped us focus our presentation of the claims to the Department of Justice, and it facilitated our cooperation with them.”

Ryon McCabe is Appointed by Court to Serve on Federal Magistrate Judge Merit Selection Panel

Adam Rabin Appointed As Chair Of The Southern District Of Florida Bench And Bar Conference

Adam Rabin was recently appointed by Chief Judge Federico Moreno as the Chair for the Southern District of Florida Bench & Bar Conference to be held on April 27, 2012 in West Palm Beach.

Adam Rabin Elected As President-Elect Of The Palm Beach County Bar Association

Adam Rabin has been elected as President-Elect of the Palm Beach County Bar Association (PBCBA) and will be installed on June 4, 2011.

Mr. Rabin has served on the Board of Directors since 2007 and has served as chair or vice-chair of a PBCBA committee every year since 2004, including PBCBA’s Committee for Diversity and Inclusion, the Judicial Relations Committee, the Bench Bar Conference Committee, and the Commercial Litigation Committee. Mr. Rabin also recently served as co-chair for the U.S. District Court for the Southern District of Florida’s 2010 Bench & Bar Conference.

According to Mr. Rabin’s law partner, Ryon McCabe, “Adam has been a dedicated servant to the local legal community and the South Florida community as a whole. He has the right combination of leadership skills, strong work ethic, and creativity to help take the bar association to the next level.”

When asked to identify his most significant bar project, Mr. Rabin stated that “PBCBA recently joined forces with other minority and women’s bar associations to help recruit more diverse lawyers to practice and live in Palm Beach County. The bar’s new Diversity Website ( www.palmbeachbar.org/diversity.php ) is one of the many things that our committee has created to further this cause.”

Mr. Rabin is a partner with McCabe Rabin, P.A. ( www.McCabeRabin.com ) in West Palm Beach, Florida. The firm concentrates in representing clients in complex business disputes, representing securities investors against Wall Street firms in stockbroker misconduct cases, and handling federal qui tam (whistle blower) actions.

Raise The Bar Event - March 24

Please join us for this event on March 24, 2011 at the Historic Courthouse benefiting the Girls Leadership Institute:

Pbcba Launches Diversity Website

The Palm Beach County Bar Association has launched a Diversity Website to help recruit diverse attorneys to practice and live in Palm Beach County. Adam Rabin is the co-chair of PBCBA’s Committee for Diversity and Inclusion and has worked with the committee to help improve the perception of Palm Beach County as an attractive place to practice for attorneys from diverse backgrounds.

Ryon Mccabe Introduces College Football Legend Bobby Bowden

Firm partner Ryon McCabe recently co-chaired an event to bring legendary FSU football coach Bobby Bowden to Palm Beach County for a fundraiser for the Boy Scouts of America. The event took place on August 12, 2010 in Palm Beach Gardens. Former Seminole player and local celebrity Burt Reynolds also attended the event. As event chairman, McCabe welcomed the crowd and thanked Coach Bowden, who spoke about values, leadership and the importance of mentoring young men and boys.

Palm Beach Post Story On Constitution Day Essay On Contest Winners

At the firm's "America Reads the Constitution" event on September 16, 2010, the firm hosted an essay contest for middle school students, seeking their opinions on the most important amendment in the Bill of Rights and why. One of the readers at the event was an editor from the Palm Beach Post. After the event, he was inspired enough to write the following story in the Post .

September 20, 2010

McCabe Rabin, P.A.
1601 Forum Place, Suite 301
West Palm Beach, FL 33401
Phone: (561) 659-7878
Fax: (561) 242-4848
E-Mail: rmccabe@mccaberabin.com

Mccabe Rabin Hosts Constitution Day Reading And Essay Contest

On September 16, 2010, the West Palm Beach law firm of McCabe Rabin, P.A. hosted a public reading of the United States Constitution to celebrate Constitution Day and the 223rd birthday of our nation’s founding document. More than 150 people attended the event, which featured 42 individual readers who each took turns reading a section of the Constitution, from “We the People” all the way to the 27th amendment.

The readers consisted of a broad range of citizens designed to make the Constitution “come alive.” Readers included judges, teachers, elected officials, state and federal prosecutors, criminal defense attorneys, a military officer, local business leaders, a Palm Beach Post editor, law enforcement agents, and several school children.

The firm also hosted a Constitution Day essay contest for Palm Beach Middle School students, challenging students to explain, in 500 words or less, which right in the Bill of Rights is the most important and why. More than 250 students entered the contest! The firm awarded cash prizes to the winners:

First Place: Talia Fradkin, Wellington Landings Middle School, $250

Second Place: Hannah Doyal, Loggers Run Middle School, $150

Third Place: Joshua Ward, Tradewinds Middle School, $100

“Our firm is proud to host this event, to raise awareness of the Constitution, and to celebrate our great American heritage,” said McCabe Rabin shareholder Ryon McCabe.

Left to Right. Hannah Doyal (2nd Place Winner, Loggers Run Middle School), Adam Rabin (firm partner), Talia Fradkin (1st Place Winner, Wellington Landings Middle School), Joshua Ward (3rd Place Winner, Tradewinds Middle School), Ryon McCabe (firm partner).

For more information, please contact Ryon McCabe at rmccabe@mccaberabin.com .

2010 CONSTITUTION DAY ESSAY CONTEST

September 17, 2010 is the 221 ^st birthday of the United States Constitution. Help us celebrate by entering our Constitution Day Essay Contest!

Rules

1. The contest is open to all middle school students in Palm Beach County, i.e. , 6 ^th , 7 ^th and 8 ^th graders.
2. Essays must be 500 words or less, neatly handwritten or typewritten.
3. Essays must respond to the Essay Question posed below and be submitted on or before September 10, 2010 to: Essay Contest, c/o McCabe Rabin, P.A., 1601 Forum Place, Suite 301, West Palm Beach, FL 33401.
4. Essays will be judged on argument, clarity and persuasiveness.
5. Please include the student’s name and contact information so winners can be notified.

Prizes

The first place winner will receive $250. Second place will receive $150. Third place will receive $100.

In addition, all students, teachers and families are invited to attend our “America Reads the Constitution” event on Thursday September 16, 2010 from 5:30 PM to 8:00 PM at the Okeechobee Marriott, 1001 Okeechobee Boulevard, West Palm Beach . We will have a group of 40 elected officials and distinguished citizens read the text of the Constitution in a public forum. Click here for a video of last year’s event .

If you plan to attend, please rsvp to janet@McCabeRabin.com before Sept. 10, 2010.

The first place winner will also be invited to read the Preamble (the “We the people” part) at our event!

The first ten amendments to the Constitution are known as the “Bill of Rights.” These amendments guarantee many of our individual rights including freedom of speech, freedom of the press, freedom of religion, freedom of assembly, the right to bear arms, the right to be free from warrantless searches and seizures, the privilege against self–incrimination, the right to trial by jury in civil and criminal cases, and the right to legal counsel in criminal cases.

In 500 words or less, explain which of these rights is the most important and why.

McCabe Rabin - Newsletter Summer 2010

On April 30, the U.S. District Court for the Southern District of Florida and the South Florida Chapters of the Federal Bar Association ( www.fedbar.org ) jointly hosted its Second Biennial Bench & Bar Conference at the Doral Resort in Miami-Dade County. Adam Rabin co-chaired the conference. 750 people attended.

The conference consisted of a combination of plenary sessions, breakout seminars, and networking receptions throughout the day.

The plenary sessions consisted of a speech by Eleventh Circuit Court of Appeals Chief Judge Joel Dubina and panel discussion of Best and Worst Practices before the Court with Chief Judge Federico Moreno, Judge Kenneth Marra and Judge Cecelia Altonaga serving on the panel.

The breakout seminars consisted of sessions on Legal Writing; Discovery Abuse; Employment Law; Expert Witnesses, CM/ECF and the Local Rules; Managing Complex Litigation; Criminal Pretrial, Post-Trial Practice and Criminal Sentencing. Each breakout seminar includes a defined agenda of topics, a moderated discussion led by attorneys serving on the conference steering committee, and a distinguished panel of District and Magistrate Judges.

Several networking receptions occurred throughout the day, including a cocktail reception at the end of the day. The opportunity to network with federal judges and practitioners throughout South Florida and across six counties was a unique and rare experience.

The next conference is tentatively scheduled for April 2012 at a venue in Palm Beach County.

On November 12, 2009, McCabe Rabin, P.A. received the first annual Judge James C. Paine "Unsung Hero" Award from the Judges of the United States District Court for the Southern District of Florida. Named in honor of retired District Judge Paine, the award was created to recognize attorneys who have selflessly served the court through voluntary bar work and other service. Chief Judge Federico Moreno and Judge Kenneth Marra presented the award to firm attorneys Ryon McCabe and Adam Rabin, noting their many contributions to court projects, committees and voluntary bar organizations. The award was voted upon by the judges of the United States District Court for the Southern District of Florida, and presented at a reception of the Federal Bar Association, West Palm Beach Chapter.

On September 24, 2009, the Palm Beach County Bar Association (“PBCBA”) hosted its Inaugural Diversity Summit (“Summit”). Adam Rabin, John Howe and Jessica Callow co-chaired the program, which was attended by nearly 250 judges and attorneys. The Summit featured Chief Justice Peggy Quince as its keynote speaker.

After Justice Quince’s keynote speech, a “town hall” meeting was held to discuss hard questions about diversity and inclusion in our legal community. The town hall featured Chief Justice Quince, Justice Barbara Pariente, Justice Jorge Labarga, and Justice Harry Anstead (ret.) and other distinguished panelists. During the discussion, the moderators presented statistical figures that painted the picture of where the Palm Beach County legal community currently stands in the area of diversity. The following figures were presented comparing the Palm Beach County legal community with information from the 2008 U.S. Census for the county as a whole:

The purpose for presenting this data was to underscore why the issue of the diversity is one that deserves the legal’s community’s attention.

After the town hall meeting, a roundtable discussed followed with moderators leading discussion groups with attorneys and judges who attended the town hall meeting. A lively discussion ensued and new ideas were exchanged and recorded for addressing diversity issues by the PBCBA Diversity Committee as we move forward.

In sum, while the Summit was only a starting point for tacking the complicated issue of improving diversity within the Palm Beach County legal community, it put the diversity issue on the front burner and was a successful start to building a foundation towards measurable success in the future.

McCabe Rabin has teamed up with several firms to file a class action against Connecticut Community Bank, N.A., owner of Westport National Bank ("WNB"), on behalf of 26 retirement- account holders who lost $60 million in their retirement accounts, arising out of the Ponzi scheme orchestrated by Bernard L. Madoff.

The lawsuit alleges that WNB pooled $60 million in deposits in retirement accounts and allegedly forwarded them to Madoff for investment. Pursuant to their account agreements, WNB agreed to serve as custodian for all investments made by Madoff. The suit alleges that WNB failed to perform its custodial obligations, which would have required Madoff to deliver the securities he was purporting to purchase in the WNB accounts.

On September 17, 2009, McCabe Rabin sponsored "America Reads the Constitution" in West Palm Beach, Florida. This program was part of a nationwide event promoted by the National Constitution Center to celebrate the birthday of the United States Constitution. The firm organized a distinguished group of public officials, lawyers and citizens to take part in this public reading of the Constitution. Click here to watch the event .

Ryon McCabe, who represents victims of Bernard Madoff's scandal, comments on the 150-year sentence imposed by the judge on Bernard Madoff.  Attorney McCabe also discusses the civil process for recovering compensation for persons harmed by the Madoff ponzi scheme.

Joining Philadelphia’s National Constitution Center in a national event, the West Palm Beach law firm of McCabe Rabin, P.A. announced today that it will host a reception to take part in a national reading of the United States Constitution from first words of the Preamble, “We the people,” all the way to the twenty-seventh amendment.

Five law firms from Connecticut and Florida – Silver Golub & Teitell (CT), McCabe Rabin (FL), Stein & Stein (FL), Emmett & Glander (CT), and Hurwitz, Sagarin, Slossberg & Knuff (CT) – have joined forces to co-counsel a class action on behalf of 26 investors against Connecticut Community Bank d/b/a Westport National Bank (“WNB”) for investor losses arising out of WNB’s relationship with Bernard L. Madoff Securities.

The New York Times
Lawyers in Florida say they are investigating the role that a Connecticut bank may have played in steering money to Bernard L. Madoff, the Wall Street trader accused of operating a $50 billion Ponzi scheme ..."

CBS News
"Ruth Madoff, the wife of disgraced money manager Bernard Madoff could face conspiracy charges if it is proven that she knew about her husband's massive Wall Street money scam and purposely tried to hide assets..."

London Times
"The man leading an internal inquiry into the top US financial regulator will be grilled by politicians later today over its failure to uncover the alleged $50 billion Madoff fraud..."

China Post
"Two Florida attorneys said they are investigating whether a community bank in Connecticut improperly helped channel money..."

National Real Estate Investor
"Summertime in Las Vegas might be more scorching this year than usual due to the heat from a growing number of condo hotel lawsuits..."

Bloomberg.com
"Two Florida attorneys said they are investigating whether a community bank in Connecticut improperly helped channel money from investors into Bernard Madoff's alleged $50 billion Ponzi scheme ..."

News Blaze
"The law offices of McCabe Rabin, P.A., Neil B. Solomon, P.A. and Stein, Stein & Pinsky, P.A. have been retained by Florida investors to bring claims arising from alleged misrepresentations and omissions regarding the nature and safety of Main Street Natural Gas, Inc.'s Series 2008A Gas Project ..."

Palm Beach Post
"Jupiter attorney Ryon M. McCabe was installed as President of the North County Section of the Palm Beach County Bar Association during the bar's annual installation banquet ..."