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Sullivan & Worcester LLP Announces Multimillion Dollar Judgment for its Health Care Client in Massachusetts Federal Court Against RICO

S&W Press Release, September 15, 2008

BOSTON, MA -- September 15, 2008, a Boston federal judge entered judgment in the amount of $5,368,955.58, plus 12 percent prejudgment interest since June 30, 2004, in favor of EDCare Management, Inc., a national health care company based in Fort Lauderdale, Florida, and against Robert D. Larsen, a resident of Colorado. 

EDCare brought suit against Mr. Larsen and Peter Peggs of Beverly, Massachusetts. The complaint alleged that the defendants implemented a nationwide financial services scam, through entities doing business as “Security Trust Insurance Company, Ltd.,” “Ameristar,” and “Mercury Financial Services Limited,” for at least several years, as part of a conspiracy and pattern of fraudulent conduct enabling them to bilk companies and/or individuals out of tens of millions of dollars. The complaint also alleged that, even after several states issued cease-and-desist orders against the defendants and/or their entities, they continued to collect significant premiums from victims while never intending to provide the medical malpractice or other insurance coverage or financial services as they promised. 

EDCare’s lawyer, Barry S. Pollack, a partner of S&W’s Boston office and a former federal prosecutor, explained that “civil claims under the Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, require proof of a pattern of unlawful conduct over a long period of time, which can often be difficult to establish. Here we benefitted from the commencement of federal criminal charges against the same defendants in Michigan while our civil action was pending.” 

Ron Kurtz, EDCare’s General Counsel, stated that “EDCare’s commitment to compliance motivates tenacious advocacy against those engaged in financial frauds, the victims of which could ultimately be patients.”

Pollack added, “Mr. Larsen invoked his Fifth Amendment rights against self-incrimination during discovery, which allowed an adverse inference against him. When Mr. Larsen failed to appear for a required proceeding, we moved forward promptly for a default judgment.” Mr. Larsen’s attorneys withdrew during the pendency of the action.

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About EDCare
EDCare is currently developing or has contracted relationships with more than 75 hospitals located in 15 states, treating close to 1,500,000 patients annually. Its physician services team maintains relationships with more than 1,000 physicians and midlevel providers. EDCare's management team has more than 50 years of combined Emergency Department experience, and has managed close to 200 Emergency Departments over the past 15 years with patient volumes ranging from 5,000 to 75,000 annual visits. 

About Sullivan & Worcester LLP
Sullivan & Worcester LLP is a leading corporate law firm providing counsel to domestic and international clients ranging from Fortune 500 companies to emerging businesses.  With 200 lawyers in Boston, New York and Washington D.C., the firm offers services in a wide range of areas including litigation, white collar defense, corporate finance; securities; mergers and acquisitions; tax; real estate; private equity and venture capital; bankruptcy; regulatory law and employment and benefits.  Sullivan & Worcester is also recognized for its representation of REITs and its deep expertise in energy, environmental and mutual fund law.  For more information please visit www.sandw.com.

Contact:
Barry Pollack
617.338.2910
bpollack@sandw.com
or
617.970.7075