News & Events
Former Federal Prosecutor and Candidate for Palm Beach County
State Attorney, Dina Keever, Joins McCabe Rabin
West Palm Beach, FL -- McCabe Rabin announces that Dina Keever is joining the firm as Senior Counsel.
Dina is an exceptionally talented and skilled lawyer, having served as a federal prosecutor in both the Southern District of Florida and the Eastern District of Pennsylvania.
She is a former law clerk to Judge Peter Fay of the United States Court of Appeal for the Eleventh Circuit and while in law school served as the Editor-in-Chief of the FSU Law Review.
It was during law school that she became friends and moot court team members with firm partner, Ryon McCabe.
Ms. Keever is most noted in Palm Beach County for her candidacy in 2012 for Palm Beach County State Attorney.
At McCabe Rabin, Ms. Keever will be concentrating on False Claims Act cases, a burgeoning practice area for the firm. These cases allow whistleblowers to report government fraud and share in a portion of any fines and penalties assessed against the wrongdoers. She also will be working on complex civil and criminal matters, including SEC investigations and white-collar criminal cases.
When asked about the firm hiring Ms. Keever, Adam Rabin, firm partner and Immediate Past President of the Palm Beach County Bar Association, said: “We are fortunate and excited to have such a talented and well-respected lawyer join our firm and expand the firm’s whistleblower, securities and complex business litigation practice areas.”
Former federal prosecutor and firm partner, Ryon McCabe, added that “I could not be happier. I have known Dina since law school, and she is a great lawyer and friend."
Ms. Keever stated that, “I am looking forward to joining Ryon, Adam and the great team they have assembled at their boutique firm in West Palm Beach. The firm gives me a platform to further develop my practice and benefit from the many wonderful relationships that I have forged from living, practicing and campaigning in Palm Beach County.”
Constitution Day Celebration - September 17, 2013, 5:30 p.m.
Palm Beach Dramaworks - for Directions and Parking, click here.
2013 CONSTITUTION DAY ESSAY CONTEST
This year is the 226th birthday of the United States Constitution. Help us celebrate by entering our Constitution Day Essay Contest!
- The contest is open to all middle school students in Palm Beach County, i.e., 6th, 7th and 8th graders.
- Essays must be 500 words or less, neatly handwritten or typewritten.
- Essays must respond to the Essay Question posed below and be submitted on or before Friday, September 6, 2013 to: Essay Contest, c/o McCabe Rabin, P.A., 1601 Forum Place, Suite 505, West Palm Beach, FL 33401.
- Essays will be judged on argument, clarity and persuasiveness.
- Please include the student's name, school, teacher and contact information on each essay so winners can be notified.
In addition, all winners and families are invited to attend our “America Reads the Constitution” event on Tuesday, September 17, 2013 from 5:30 PM to 8:00 PM at Palm Beach Drama Works, 201 Clematis Street, 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.
The first place winner will also be invited to read the Preamble (the “We the people” part) at our event!
The Constitution sets forth a number of important rights and responsibilities for United States citizens. In your view, what is the most important right that we enjoy as citizens and why? Also, what is the most important responsibility that we have as citizens and why?
Business, Securities & Whistleblower Litigation
Firm Partner Confronts Real-Life Bear During Scout Camping Trip
The following facts are “bearly” embellished.
On July 16, 2013 at approximately 2AM, Boy Scout Camp LaNoChe in Paisley, Florida was invaded by a hostile enemy force, namely, a Florida Black Bear, codenamed "Fred." The bear entered the Activity Shelter/Scoutmaster Quarters, upon information and belief, in search of an unopened care package sent to one of the campers from Troop 774 from Jupiter, Florida.
At the time of the attack, the Activity Shelter was defended by four Assistant Scoutmasters ("ASMs"), including Firm Partner Ryon McCabe. All of the ASMs had received extensive outdoor training, and all were fast asleep when Fred made his entrance. In order to improve ventilation, moreover, the ASMs had left the interior doors to their sleeping quarters open, thereby making it easier to view dangerous wildlife in the Activity Shelter.
The bear, in complete disregard for LaNoChe Camp Rules, the BSA Guide to Safe Scouting, and Florida trespass laws, entered the Activity Shelter by means of the exterior door, manipulating said door with his paws and/or snout (results still subject to forensic analysis).
Once inside the Activity Shelter, the bear began molesting Troop 774 property and behaving in a disorderly fashion.
After a period of time, ASM Donald Wagner, who was assigned to night duty, noticed the intruder and alerted his fellow scout leaders by yelling "Bear!!!!!!!" in a loud and strong voice. The voice showed no signs of panic whatsoever. It was clear and manly.
ASM McCabe, aroused from his slumber, questioned the veracity of the report and advised everyone to go back to sleep. Several loud noises followed, as the bear began to knock over Troop property and violate other provisions of the Troop 774 "Special Rules for Camping and Outings."
ASM Wagner, consistent with the highest traditions of BSA bravery and courage, continued to sound an alarm, by yelling "Bear!!!! Bear!!!!! Bear!!!!!" repeatedly. Again, the voice was strong and manly.
The bear, fearing an attack by ASM Wagner, retreated to the opposite side of the Activity Shelter.
ASM Daniel Hoens, displaying the highest traditions of BSA bravery and courage, and in complete disregard for his own personal safety, then advanced upon the animal, far enough to turn on the light. ASM Hoens thereby exposed the strange noises for what they were: a real and actual Florida Black Bear.
ASM McCabe and Cox, now convinced of the authenticity of earlier reports, proceeded to join Wagner in the general alarm by shouting "Bear!!!!! Bear!!!! Bear!!!" Their voices were also strong and manly, showing no signs of panic or fear.
Recognizing the prowess of the force assembled against him, the bear retreated by scaling the walls of the Activity Shelter (see attached photo) and perching himself upon the rafters above the ceiling fans.
The ASMs, immediately recognizing that the bear had seized advantageous high ground, intensified their verbal attack upon the animal, hurling insults and promising to cut a corner from his camping card. The ASMs also insured that all campers were safe and instructed them to remain in their cabins, as the ASMs had the cornered-bear-situation "under control."
The bear -- in fear of the brave ASMs confronting him -- then evacuated his bowels from a distance of approximately fifteen feet above the ground, defiling a BSA camping chair and the floor of the Activity Shelter. ASM Wagner, a stickler for the "clean" prong of the Scout Law, promised to "make him pay for that one."
Having lightened his load, the bear next made a surprise counter attack and began to advance across the rafters toward the ASM sleeping quarters! At this, ASM McCabe, consistent with the highest standards of BSA bravery and courage, yelled, "He's coming toward our rooms!!!!!!"
All four ASMs then withdrew, braving a minefield of bear poop and urine along the way, and took up defensive positions outside the Activity Shelter. The four ASMs secured all kid cabins and kept an eager eye on the bear.
From their safe vantage point, the ASMs observed the bear cross the rafters and enter the sleeping quarters of ASM Cox and McCabe. The bear climbed onto the top sleeping bunk of ASM Cox. In a strange twist of the classic Goldilocks tail, however, the bear did not like Cox's bed, as it was apparently too soft (a complaint Cox had been making himself since arriving at the camp).
Rather than remain in Cox's overly soft bed, the bear turned around and went back to the rafters. He then dropped from the rafters crashing into a Camp LaNoChe table and coffee pot, destroying both items without paying for them.
The bear then exited the Activity Shelter, fleeing into the woods in cowardly fashion. The ASMs observed him from a safe distance and continued to hurl painful insults upon the retreating animal (no foul language was employed).
After securing the area, the ASMs conducted a "shakedown" of all kid cabins to double check that no kids had food in their cabins. "Not even a tic tac," warned ASM McCabe. (Later investigation revealed the only violators of the "no food" rule were, in fact, the ASMs.)
Reports differed as to the overall size and weight of the animal. ASM Cox reported that the bear was "really big," to which ASM Wagner and Hoens responded, "bigger." No official estimate was made, so as not to interfere with the tall tales certain to follow the incident.
For bravery in the face of danger, for coolness under fire, and for exercising calm judgment in the face of dangerous wildlife, the scout troop nominated ASM Ryon McCabe for the "Distinguished Jellystone Award" for courage and bravery.
Firm Wins Jury Verdict in Complex Business Breakup Case Between Father and Son
On October 12, 2012, the firm won a jury verdict in a complex business breakup case between father and son. The firm defended the son against claims by his father's company that the son had breached his duties of loyalty and care as manager of the parties’ LLC. In closing argument, the father requested $5.4 million plus punitive damages for alleged improprieties. After a four week trial, the jury returned a verdict of zero damages in favor of the son (Innovative Financial Planning, Inc. v. Larry Bryan, et al., 17th Judicial Circuit, Case No. 07-10303).
During 2005 and 2006, Stanley Schweiger and his son, Larry Bryan, worked together in an insurance agency that sold premium-financed life insurance policies. The business, Simba Life Plans, LLC, focused on selling policies with large death benefits to high net worth senior citizens. The applicants typically did not pay the expensive insurance premiums themselves. Rather, third party “funders” paid the premiums on their behalf. The funders later received an assignment of the policy’s death benefit in a secondary market transaction.
By 2006, this business had become so successful that the LLC was grossing millions in annual sales. By the middle of 2006, the father and son began having difficulties over business issues.
In May 2007, the father, through his holding company, sued the son and various companies related to the business. The father alleged that he was entitled to 40% of the business’ profits through 2010, when the business ended. Because the business had failed by 2010, however, the father’s key theory was to impose personal liability against the son for breaching his duties as manager of the LLC. The father alleged various improprieties against the son.
The son defended the claims against him for personal liability by asserting the defenses of the business judgment rule and in pari delicto. The business judgment rule protects a manager of an LLC for properly exercising his business judgment in a manner that does not lead to an improper personal benefit. The defense of in pari delicto is a Latin term that means “in equal fault” and prevents a plaintiff from recovery if the plaintiff knowingly participated in the same wrongful conduct about which he complains.
In closing argument, the father asked for $5.4 million against the son personally, plus punitive damages. After a 4 week trial, the jury returned a verdict of zero damages in favor of the son.
The case was tried in Broward County before Circuit Judge Jack Tuter. Trial counsel for the defendants were Ryon McCabe, Adam Rabin, and Robert Glass.
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.”
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.