[UPDATE – Shelton was found NOT GUILTY by jury in 2009 – Scribd.com and Huffington Post.com have revoked her ability to write comments and post legal public documents because she posted comments stating the facts – that certain officers, judges, and the IL Atty Gen Lisa Madigan have been violating the law – See her other blogs: http://cookcountyjudges.wordpress.com, http://cookcountysheriffdeputies.wordpress.com, http://illinoiscorruption.blogspot.com – the documents she posted on Scribd.com and URL links are now not available and she is slowing trying to repost the links elsewhere. This is a grotesque abuse by Scribd and Huffington Post against Shelton – who did not violate their rules. Apparently persons behind criminal conduct of judges, police, and officials can be is very powerful in influencing Internet sites against whistle blowers.]
On February 17, 2009 in the Circuit Court of Cook County felony trial section trial began against Dr Linda Shelton for the State charge of Medicaid vendor fraud. Dr Shelton was indicted on July 15, 2004. For Dr. Shelton’s side of the story concerning facts of the alleged crime, and explaining in detail the evidence that proves her innocence and that this case is a matter of ID Theft of her Medicaid Provider number, see her letter to the United States Attorney: http://illinoiscorruption.blogspot.com/2008/11/letter-to-us-attorney-fitzgerald.html
At first Judge Crooks in August 2004 allowed Dr Shelton to represent herself, but denied her request for a standby counsel to advise her on technical and procedural issues as permitted by law. Then Judge Fox took over and ordered that Dr Shelton may have standby counsel. He then withdrew this order in a temper tantrum when he didn’t like Dr Shelton writing motions and arguing that the Illinois Attorney General had no legal authority to indict or prosecute her and therefore the court had no jurisdiction, as well as that the alleged criminal act of substitute-billing was specifically required and authorized by federal law.
Judges are subject to confirmatory bias in that when they are faced with an informed and articulate defendant representing themselves, who understands and can recite the law, when the judge is ignorant of this law, the judges, often unconsciously due to confirmatory bias, make all sorts of illegal rulings to shut up and discredit the self-represented defendant, even if the defendant is correctly interpreting the law. This is because a judge subconsciously, if they do not actively fight this confirmatory bias, is unable to accept a non-attorney teaching the judge about the law. Judges are not expected to know all law, that is why attorneys write “memoranda of law” to inform the judges of the law and higher court rulings on similar cases.
Substitute-billing is where a physician has his billing agent put his name on an invoice, when the service is provided to the patient by a non-physician employee. For example: when a nurse gives a child a vaccine; when a technician applies a cast or removes stitches; when a psychiatric social worker counsels a patient; or when a psychologist administers a psychological test. Federal law requires that non-physician services under supervision by a physician are billed as if the physician performed the services themselves. There is no state law that bars this type of billing. An Illinois Medicaid Physician Handbook claims in item A210.4 that substitute billing is not permitted, but only for psychiatric services. This would be a violation of federal Medicaid Code in that the federal code requires services to be provided that are at least minimally equivalent to services provided by private medical insurance agencies in the geographic area. Private insurers pay for the services of licensed or supervised trainee’s regarding psychiatric evaluation and therapies (counseling).
Of note: The vast majority of psychiatric and psychological services are provided by non-physicians, such as licensed psychiatric social workers, drug-addiction counselors, and psychologists. They provide an estimated > 80 % of such services. The United States needs 35,000 or more pediatric psychiatrists, but only 5,000 are available. Most private psychiatrists will not see Medicaid patients as the re-imbursement is often 1/3 or less of the payments for the same services provided by private insurance companies. The psychiatrists cannot afford to see Medicaid patients. Psychologists are trained to administer and interpret psychological tests that are used by physicians and psychologists to help diagnose mental illness and personality disorders. Physicians are NOT trained to administer or interpret these tests. Therefore, any interpretation of Medicaid payment laws that says that non-physicians cannot be paid for their psychiatric or psychological services is outside the standard of care of the profession, interferes with mental health diagnoses, and is a violation of the Federal Medicaid Code in illegally limiting access to care equivalent to care in the community.
Yet, Illinois Attorney General Lisa Madigan and her Assistant Attorney Generals, Murray, Fearon, Nimrod and others are without legal authority indicting, prosecuting, and convicting physicians and owners of psychiatric and psychological group practices for providing quality services to mental health patients on Medicaid. This has resulted in the decimation of mental health care to the poor population in Illinois, increase suicides, increased crime, increased dysfunction putting more patients and their families on welfare, decreasing tax revenues, and destruction of he careers of many talented mental health professionals including Dr. Maisha Hamilton [Bennett], Ms. Naomi Jennings, Dr. Robert Mitrione, Dr. Linda Shelton, and Mr. Vernon Glass. The Southern Federal District Court, the United States Attorney in the Southern District of Illinois and the Federal 7th Circuit Court of Appeals are equally guilty in erroneous interpretation of law in their prosecution of Dr. Robert Mitrione.
For detailed discussion and review of Federal and State Medicaid Code, Rules, and law see: http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html
Every alleged criminal under the Bill of Rights has certain rights. Dr. Shelton’s rights have been violated by unconstitutional and illegal rulings of Judge Fox, Judge Pantle, and Judge Alonso, who is now presiding over the trial of Dr. Shelton. These include:
1) Right to notice. This means a legally sufficient indictment that informs the person of the details of the charges against them. Dr. Shelton is accused of making “false statements and representations” that “cause false invoices” to be sent to Medicaid and causes Medicaid to pay her or Vernon Glass for these services.
The U.S Appellate Courts have ruled that when the indictment fails to state the details, the indictment is legally insufficient and the case is void. So because the indictment fails to state which invoices, on which patients, for what dates of service, and what exactly is the false statements and representations, the indictment is legally insufficient.
For case law and higher court precedent see: https://prosechicago.wordpress.com/2008/10/26/right-to-counsel-and-self-representation-faretta-rights/ and https://prosechicago.wordpress.com/2008/10/26/more-info-on-standby-counsel-and-self-representation-pro-se-faretta-rights/
Judge Alonso is violating higher court rulings in refusing to dismiss the case for a legally insufficient indictment.
2) Right not to be held on bail or incarcerated unless charged with a crime specified by statute or code. The Federal Medicaid Code specifically authorizes substitute billing without limitations on psychiatric services. The same is true of the State Medicaid Code. For the Illinois Attorney General and court to declare that “substitute-billing is illegal” is legislating without authority. It violates separation of powers and is unconstitutional.
For 4 ½ years, because the Attorney General refused to give Dr. Shelton the alleged evidence, fraudulent invoices, or even the names of specific patients and dates of service, so she could investigate the veracity of their allegations, Dr. Shelton guessed that she was being accused of substitute-billing. Only in the last six months, after the Attorney General gave her a list of six patients and the alleged dates of service was Dr. Shelton able to investigate this and discovered that two partners of the CEO, Itadel Shalabi and Nareman Taha had fabricated patient encounter forms, signed their names to them and sent them to the billing agent, Louise Moore, the year BEFORE Dr. Shelton began working at the group practice. Ms. Moore had received Dr. Shelton’s Medicaid provider number that year from the CEO so she could sign up Dr. Shelton as a provider for the group. Ms. Moore was not aware that Dr. Shelton did not start working for the group in 2000, but started working in mid-2001.
Ms. Moore called the Medicaid Provider Service Unit and asked how to get a provider number for these two women, who are non-physician counselors. The Provider Service Unit told her non-physician psychiatric service providers could not bill Medicaid and to put a doctor’s name on the bill. So, Ms. Moore put Dr. Shelton’s name on the invoices that she prepared from the patient encounter forms, without Dr. Shelton’s knowledge and billed Medicaid in 2000 and early 2001 using Dr. Shelton’s provider number without Dr. Shelton’s knowledge or consent. Ms. Moore also ignorantly thinking that her contract with the group allowed her to sign the name of any employee, signed a power of attorney form, Blue Cross / Blue Shield Electronic Partner Trading Agreement, and Alternate Payee Agreement with Dr. Shelton’s name. These were forgeries ignorantly done by Ms. Moore. This allowed Ms. Moore to legally send the invoices over the wire to Medicaid and allowed Medicaid to make the checks for the services out to the group instead of out to Dr. Shelton’s name.
Therefore, Dr. Shelton was entirely in the dark about the above fraud as was the CEO. Ms. Moore was also in the dark about the fraudulent nature of the patient encounter forms signed by Ms. Shalabi and Ms. Taha. Both of these women should have been arrested for fraud, but now it is past the three year statute of limitations for felony crimes and they will get away with it. They were paid by the CEO because the CEO has assumed their patient encounter forms, generated in a branch office which he did not supervise, were legitimate. Ms. Moore can still be prosecuted for forgery as forgery has no statute of limitations, but it will be hard for the state to prove intent as she did this at the advice of state agents in the Medicaid Provider Service Unit and through ignorance. Neither the CEO, nor Dr. Shelton profited from any of this fraud.
The above also illustrates why it is necessary to dismiss a case when the State violates discovery rules. It is unfair and unconstitutional to put a person on trial, when the person is not informed of the details of the charges against them.
3) Right to Counsel. The U.S. Supreme Court ruled that a person has a right to represent themselves. The Illinois higher courts have ruled that once standby counsel is appointed, removal of such counsel for a self-represented defendant is a fundamental trial error, invalidating the trial. Dr Shelton represented herself for two years and then hired a series of attorneys to help her fight the unconstitutional rulings of the court. She fired each one in succession because they disagreed with her trial strategy – primarily disagreed with arguing pre-trial motions that the case was void. Dr Shelton also disagreed with their trial strategy to try to “blame” the CEO and group owner, Mr. Vernon Glass for this fraudulently alleged crime. Dr. Shelton felt that there was no crime as substitute-billing is legal. She also knew Mr. Glass to be honest and not to have made any false statements. The attorneys all told her that to win a criminal case it is not wise to tell the truth even if you are innocent. Rather they say it is a game or act to convince ignorant and biased jurors that the defense has a better story than the prosecutor. This is part of the myth of American Justice. Our adversarial system denies the right to present the truth and encourages bias and withholding of evidence.
Judges Pantle and then Alonso illegally ruled that Dr Shelton had forfeited her right to represent herself. Their arguments about this are legally invalid and have no basis. Judge Pantle stated that Dr Shelton argues too much and wrote too many and too long pre-trial motions, so she questioned her “fitness”. They just could not fathom that Dr. Shelton understood complex federal and state law better than they did. Medicaid fraud is generally prosecuted as a federal crime. State judges are clueless and very ignorant about such laws. Confirmatory bias influenced these judges’ illegal rulings. Judge Pantle ordered Dr. Shelton to undergo a fitness exam six times in eight months. Each time the forensic psychiatric examiner wrote he was unable to determine fitness because Dr. Shelton refused to answer questions. Under the law this is Dr. Shelton’s right. Her reason to refuse to answer questions is that she considers all orders from Judge Pantle or Alonso illegal and void as the case is legally void and simply a malicious, unconstitutional prosecution. She also ordered that Dr. Shelton may not file motions, de facto removing her as self-represented (pro se) counsel, yet refusing to appoint a public defender. Therefore, the court illegally delayed trial for 9 months. The law only allows the judge to delay trial for fitness for 75 days. So the 5 ½ mo extra means speedy trial laws have been violated and the case should have been dismissed for the State violating these speedy trial laws in 2006. Yet Judges Pantle and Alonso illegally and unconstitutionally refuse to dismiss the case for this reason.
For more details on this issue see above links.
4) Right to prompt justice, known as speedy trial. The Federal Constitution, State Constitution, Federal and State laws require dismissal of a case when the State delays trial without just cause for more than 160 days. As noted above this time requirement has been violated, so the trial is void.
5) Right to Discovery. This is the right to be given by the prosecution the evidence against you before trial so you can prepare a defense. This is included in the “due process” provisions of the Bill of Rights, the Illinois Constitution and Illinois Supreme Court Rules. If a person is charged with making false statements in writing such as on an invoice, then they must be given the alleged fraudulent invoices before trial and these invoices must be presented to the jury as evidence. As these invoices are the instruments of the crime, withholding them, per United States Supreme Court rulings requires dismissal of the case as it prevents the defense from preparing a defense and from learning before trial the details of the alleged crime. Illinois Attorney General Lisa Madigan and her staff never subpoenaed the invoices from the contracted billing agent, Louise Moore of Data Medical Works, never looked at the invoices, and have never provided the alleged fraudulent invoices to Dr. Shelton. As of February 20, 2009, when they closed the prosecution case at trial, they had not presented one fraudulent invoice or any invoice at all to the jury. They say it’s like a letter bomb. They feel they only have to prove that money was paid to the group practice for services billed under Dr. Shelton’s name, even if Dr. Shelton didn’t know about it. They don’t feel they have to prove that Dr. Shelton knew her Medicaid provider number was used.
This is like arrested a credit card holder for fraud when their card is stolen and used to buy lots of stuff not paid for, even though the credit card holder didn’t know how the stolen card was used or by whom. This is illegal, unconstitutional, and unethical to prosecute someone in this manner.
Unbelievably, Judge Alonso ruled on February 10, 2009 that the Attorney General did not have to prove intent to bill fraudulently by Dr. Shelton, but only that her Medicaid number was used to bill Medicaid. Therefore, unless the jury objects to this concept and by jury nullification ignores the judge’s instructions, Dr. Shelton will be wrongfully convicted.
6) Right to require State to prove all elements of a crime beyond a reasonable doubt. This is also an aspect of due process. Under Illinois law, fraud is an intent crime. Unless you prove intent as well as that the person committed the act, the person cannot be convicted. As noted above, Judge Alonso has illegally legislated from the bench and declared that fraud is not an intent crime in the case of Dr. Shelton. This is unconstitutional as a violation of due process. It is also a violation of Judge Alonso’s oath of office to uphold the law. It is a reason to impeach him.
This criminal prosecution of Dr. Shelton is an illustration of all that is wrong and unjust about our [in]justice system in America. Dr. Shelton has appealed all the above issues pre-trial through a collateral case for conviction for contempt found by Judge Pantle, which Dr. Shelton alleges is a wrongful conviction. Dr. Shelton alleges she was just acting to vigorously defend herself. For details see: http://www.scribd.com/doc/9694342/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Criminal-Contempt-2008
In the appeal of the contempt conviction Dr. Shelton quotes case law that set precedent that if an underlying order is void, then the contempt finding for violating that order is void. As the vendor fraud case is void, Dr. Shelton alleges that all contempt charges are void as a contempt charge can not stand in a hearing that is a nullity under law.
Therefore, in her appeal all the way to the Illinois Supreme Court Dr. Shelton argued the voidness of the vendor fraud case as above. Therefore, Dr. Shelton has legally presented all issues to the highest State Court. The Illinois Supreme Court and Illinois Appellate Court chose to simply ignore these arguments and did not rule on them other than to dismiss them without much comment. Therefore, Dr. Shelton has exhausted State remedies for purposes of filing a Federal Petition for Writ of Habeas Corpus to the Federal District Court, which she did in November 2008.
Judge Coar dismissed the habeas petition, ruling erroneously that Dr. Shelton did not exhaust State remedies. Dr. Shelton has appealed this to the Federal 7th Circuit Court of Appeals. Decision is pending. To read this appeal to the Circuit Court see:
As Dr. Shelton represents herself before the federal courts and considers the State criminal case void, she has a right to retain her defense file on this case. Therefore, the order of Judge Alonso form February 17, 2009 that Dr. Shelton must return the defense files to the defense attorney, appointed illegally over Dr. Shelton’s objection, is void. If Dr. Shelton surrenders she will be found guilty of contempt and sentenced to up to six months in jail by Judge Alonso based on this illegal and unconstitutional order. Dr. Shelton at present is seeking the assistance of the federal courts and U.S. Attorney to prevent this what will be wrongful incarceration. If found guilty of vendor fraud this week, Judge Alonso can sentence her to 4-15 years in prison.
Cook Count Correctional officers have threatened Dr. Shelton with assault and possible death in writing. Therefore, as Judge Alonso is acting illegally and seemingly has fixed the trial to ensure a wrongful conviction, Dr. Shelton has fled in fear for her life. She has a heart condition. The officers have threatened her with a Taser. This could be fatal with her heart condition. Dr. Shelton has severe and poorly controlled chemically induced asthma as her lungs were sensitized in an environmental accident when she was overcome by toxic fumes. The officers have threatened her with pepper spray. This could induce a fatal asthma attack. Dr. Shelton was wrongfully convicted and imprisoned for aggravated battery of a correctional officer for an alleged act when she was incarcerated for contempt in 2005 by Judge Pantle. This conviction will be overturned by the Federal Court. Judge Coar recently ruled that the State of Illinois has waived their right to insist that Shelton go through the State appeals process in that the Illinois Appellate Court has actively impeded her appeal. Therefore, he is presently hearing a Petition for Writ of Habeas Corpus to overturn this conviction. See: http://www.scribd.com/doc/10325794/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Aggravated-Battery-2009
Cook County Correctional Officer Sgt. Molivetti last year told Dr. Shelton while incarcerated: “We got you on one made charge [the battery conviction] so I can write whatever I want and get you on another.”
Please help Dr. Shelton by writing to her via letter if she is imprisoned, sending money for her legal defense to Shelton legal fund, C/O Albukerk and Associates, 3025 W 26th St. 2nd Flr, Chicago, IL 60623, and by attending her court hearings. Contact Albukerk at 773 847-2600 for further schedules and information. Until she surrenders or is captured, please feel free to write her by e-mail at email@example.com or through this web site comments to posts. Write whatever news organizations you wish, the Southern Poverty Law Center, Attorney Morris Dees, the U.S. Attorney and your legislators and congressmen, asking for them to hold hearings on the above issues and to bring the attacks on Dr. Shelton into the light of day. Corruption cannot survive the light of day. Ask the U.S. Attorne to provide her witness protection as she is a witness against brutal attacks and criminal conduct of many officers at the Cook County Department of Corrections. That is why she is a target. Help protect her.
Thank you for your support.
Linda Lorincz Shelton, Ph.D., M.D.
United We Stand, Divided We Fall,
Evil Prospers When Good Med Fail to Act
Silence Aids and Abets, Even Condones Corruption