LIT COMMENTARY
LIT never realized the upstanding Schild’s were part of the Department of Justice Asset Forfeiture and Money Laundering Section.
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Alatan v. PNC Bank, N.A.
(4:22-cv-02569)
District Court, S.D. Texas, Judge David Hittner
AUG 2, 2022 | REPUBLISHED BY LIT: SEP 12, 2022
Lawyers at Bradley Arant Boult Cummings removed a breach-of-contract lawsuit against PNC Financial Services to Texas Southern District Court on Tuesday.
The suit, over a loan default, was filed by the LeBoeuf Law Firm on behalf of Olotin Alatan.
October 7, 2022
The Joint Case Management Plan was carried out over email between Leboeuf for Alatan and Bradley’s lawyer.
Nothin’ in the Plan is said about the impending incarceration of Alatan who has to surrender to jail for a 10 year stretch on Oct. 25.
The prosecutors have also stayed silent on whether this homestead should be subject to forfeiture or similar whilst the foreclosure case moves on without a thought.
And as far as Leboeuf, no-one is questioning his remuneration when Alatan had a public defender for his criminal trial. How could Alatan afford a private lawyer?
Remanded into custody on Aug. 15, 2022 – judgment.
STIPULATION of Dismissal Without Prejudice by PNC Bank, N.A.
ORDER OF DISMISSAL without prejudice. Case terminated on 04/11/2023
Nov. 14, 2022
Alatan fires counsel for the 5th Cir. appeal so he can appear and represent himself pro se – a move to stay out of jail? Appears to be, the motion was GRANTED – but on the other hand Judge Lake denied his requests to stay out and to report by Oct. 25, 2022.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02569
| Alatan v. PNC Bank, N.A. Assigned to: Judge David Hittner
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 08/02/2022 Date Terminated: 04/11/2023 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/18/2022 | 5 | SCHEDULING ORDER. Trial Term: November/December 2023. ETT: 2 days. Bench trial. Amended Pleadings due by 11/11/2022. Joinder of Parties due by 11/11/2022 Pltf Expert Witness List due by 12/30/2022. Deft Expert Witness List due by 1/31/2023. Discovery due by 4/28/2023. Dispositive Motion Filing due by 5/31/2023. Non-Dispositive Motion Filing due by 5/31/2023. Joint Pretrial Order due by 10/31/2023.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4) (Entered: 10/19/2022) |
| 04/10/2023 | 6 | STIPULATION of Dismissal Without Prejudice by PNC Bank, N.A., filed. (Attachments: # 1 Proposed Order)(Alonso, Gabriella) (Entered: 04/10/2023) |
| 04/11/2023 | 7 | ORDER OF DISMISSAL without prejudice. Case terminated on 04/11/2023 (Signed by Judge David Hittner) Parties notified.(JosephWells, 4) (Entered: 04/12/2023) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 09/08/2023 06:01:00 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:19-cr-00633-1
| Case title: USA v. Alatan | Date Filed: 08/28/2019Date Terminated: 08/29/2022 |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/18/2022 | 301 | ORDER granting 282 Motion to Withdraw as Attorney. Janet Celeste Blackburn withdrawn from case as to Olotin Alfred Alatan (1). (Signed by Magistrate Judge Christina A Bryan.) Parties notified.(MelissaMorgan, 4) (Entered: 10/18/2022) |
| 10/18/2022 | 304 | ORDER TO SURRENDER on Tuesday, October 25, 2022, by 2:00 pm to FCI BEAUMONT LOW, Beaumont, TX as to Olotin Alfred Alatan. ( Signed by Judge Sim Lake) Parties notified. (sanderson, 4) (Entered: 10/18/2022) |
| 10/21/2022 | 306 | ORDER – Defendant’s 279 Expedited Motion for Stay of Surrender Date of 10/11/2022 Pending Appeal Motion Filed on 10/04/2022 is DENIED. For the reasons stated, defendant’s 289 Expedited Motion to Stay Stay Amended Surrender Date of 10/25/2022 is also DENIED as to Olotin Alfred Alatan (1). (Signed by Judge Sim Lake.) Parties notified.(sanderson, 4) (Entered: 10/21/2022) |
| 11/16/2022 | 317 | Order of USCA (copy) as to Olotin Alfred Alatan ; USCA No. 22-20464. Olotin Alfred Alatan moves for leave to proceed pro se in this direct criminal appeal. Because Alatan has expressed a clear and unequivocal desire to proceed pro se, see Brown P. Wainwright, 665 F.2d 607, 610 (5th Cir. 1982) (en bane), his motion is GRANTED,filed.(EfrainGarcia, 1) (Entered: 11/16/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 02/15/2023 13:20:34 |
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:19-cr-00633-1
| Case title: USA v. Alatan | Date Filed: 08/28/2019Date Terminated: 08/29/2022 |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/11/2022 | 283 | AMENDED JUDGMENT as to Olotin Alfred Alatan (1) – Count 1s,2s-9s,16s. ( Signed by Judge Sim Lake) Parties notified. (sanderson, 4) (Entered: 10/11/2022) |
| 10/11/2022 | 284 | AMENDED Statement of Reasons (Sealed) as to Olotin Alfred Alatan. NOTICE: Document available to applicable parties only. Authorized users enter CM/ECF Filer login and password first for authentication. Instructions available at http://www.txs.uscourts.gov/attorney-information – Electronic Access to Sealed Documents. Be sure to SAVE the document locally at the time of viewing, filed. (Entered: 10/11/2022) |
| 10/11/2022 | 285 | Reason for Amendment (Sealed) as to Olotin Alfred Alatan. NOTICE: Document available to applicable parties only. Authorized users enter CM/ECF Filer login and password first for authentication. Instructions available at http://www.txs.uscourts.gov/attorney-information – Electronic Access to Sealed Documents. Be sure to SAVE the document locally at the time of viewing, filed. (Entered: 10/11/2022) |
| 10/11/2022 | 286 | MOTION for Electronic Filing Access by Olotin Alfred Alatan, filed. (JacquelineMata, 4) (Entered: 10/11/2022) |
| 10/11/2022 | 287 | MOTION to Request for Investigation of Suppression and Concealment of Evidence by Olotin Alfred Alatan, filed. (JacquelineMata, 4) (Entered: 10/11/2022) |
| 10/11/2022 | 288 | NOTICE of Referral of Motion to Magistrate Judge Christina A. Bryan re 282 Agreed MOTION to Withdraw as Attorney by Janet Celeste Blackburn, filed. (sanderson, 4) (Entered: 10/11/2022) |
| 10/11/2022 | 289 | EXPEDITED MOTION to Stay 281 AMENDED ORDER TO SURRENDER by Olotin Alfred Alatan, filed. (JacquelineMata, 4) (Entered: 10/11/2022) |
| 10/11/2022 | 290 | NOTICE OF SETTING as to Olotin Alfred Alatan – regarding 282 Agreed MOTION to Withdraw as Attorney by Janet Celeste Blackburn. Motion Hearing set for 10/17/2022 at 10:00 AM in Courtroom 701 before Magistrate Judge Christina A Bryan, filed. (MelissaMorgan, 4) (Entered: 10/11/2022) |
| PACER Service Center | |||
|---|---|---|---|
| Transaction Receipt | |||
| 10/11/2022 18:44:54 |
AMENDED ORDER TO SURRENDER on Tuesday, October 25, 2022, by 2:00 p.m. to FCI VICTORVILLE MEDIUM I, VICTORVILLE, CA as to Olotin Alfred Alatan.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:19-cr-00633-1
| Case title: USA v. Alatan | Date Filed: 08/28/2019Date Terminated: 08/29/2022 |
| Date Filed | # | Docket Text |
|---|---|---|
| 10/06/2022 | 279 | MOTION to Stay surrender date of 10/11/22 pending appeal motion filed on 10/4/22 by Olotin Alfred Alatan, filed. (ckrus, 4) (Entered: 10/06/2022) |
| 10/07/2022 | 280 | RESPONSE by USA as to Olotin Alfred Alatan Motion to Stay Surrender, filed.(Ansari, Tina) (Entered: 10/07/2022) |
| 10/07/2022 | 281 | AMENDED ORDER TO SURRENDER on Tuesday, October 25, 2022, by 2:00 p.m. to FCI VICTORVILLE MEDIUM I, VICTORVILLE, CA as to Olotin Alfred Alatan..*** Motions terminated as to Olotin Alfred Alatan: 279 MOTION to Stay. ( Signed by Judge Sim Lake) Parties notified. (sanderson, 4) (Entered: 10/07/2022) |
| 10/07/2022 | 282 | Agreed MOTION to Withdraw as Attorney by Janet Celeste Blackburn by Olotin Alfred Alatan, filed. (Attachments: # 1 Proposed Order on Motion to Withdraw as Attorney of Record)(Blackburn, Janet) (Entered: 10/07/2022) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 10/08/2022 21:14:55 |
As Alatan baulks his Oct. 7, 2022 surrender deadline to report to jail in California, Judge Lake has refused his attempts to delay and now in Alatan’s latest move, he’s filin’ for appeal as IFP status – so that begs the question, how could he afford to pay for Jason Leboeuf’s legal fees in the foreclosure case re his home? We’ll be watchin’ this closely.
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:19-cr-00633-1
| Case title: USA v. Alatan | Date Filed: 08/28/2019Date Terminated: 08/29/2022 |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/28/2022 | 265 | MOTION for the Extension of Surrender Date by Olotin Alfred Alatan, filed. (AkeitaMichael, 4) (Entered: 09/28/2022) |
| 09/28/2022 | 267 | ORDER as to Olotin Alfred Alatan – Govt’s Expedited Response due by 9/30/2022 re: 265 MOTION for Extension of Surrender Date. ( Signed by Judge Sim Lake) Parties notified. (sanderson, 4) (Entered: 09/28/2022) |
| 09/29/2022 | 268 | RESPONSE in Opposition by USA as to Olotin Alfred Alatan re 265 MOTION for Voluntary Surrender , filed.(Ansari, Tina) (Entered: 09/29/2022) |
| 09/29/2022 | 270 | ORDER – Denying 265 Motion for the Extension of Surrender Date as to Olotin Alfred Alatan (1). (Signed by Judge Sim Lake.) Parties notified.(sanderson, 4) (Entered: 09/29/2022) |
| 09/30/2022 | 271 | Notice of Filing of Official Transcript as to 269 Transcript. Party notified, filed. (ShannonHolden, 4) (Entered: 09/30/2022) |
| 10/04/2022 | 276 | NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Olotin Alfred Alatan re 270 Order on Motion for Voluntary Surrender (Filing fee $ 505),filed.(gkelner, 4) (Entered: 10/04/2022) |
| 10/04/2022 | 277 | MOTION for Leave to Appeal In Forma Pauperis by Olotin Alfred Alatan, filed. (Attachments: # 1 Affidavit)(gkelner, 4) (Entered: 10/04/2022) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 10/04/2022 14:57:51 |
Property at Risk: 5610 Avis Hill CT, Fulshear, TX 77441-1659 (Value $985K)
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:22-cv-02569
Create an Alert for This Case on RECAP
| Alatan v. PNC Bank, N.A. Assigned to: Judge David Hittner
Cause: 28:1332 Diversity-Breach of Contract |
Date Filed: 08/02/2022 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Olotin Alatan | represented by | Jason Andrew Leboeuf Vilt and Associates PC 2435 N Central Expwy Ste 1200 Richardson, TX 75080 214-712-7495 Fax: 713-877-1827 Email: jason@viltlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| V. | ||
| Defendant | ||
| PNC Bank, N.A. | represented by | Jon Howard Patterson Bradley Arant et al One Federal Place 1819 Fifth Avenue North Birmingham, AL 35203 205-521-8000 Fax: 205-488-6403 Email: jpatterson@bradley.com LEAD ATTORNEY ATTORNEY TO BE NOTICEDGabriella Elise Alonso Bradley Arant Boult Cummings 600 Travis Street Suite 4800 Houston, TX 77002 713-576-0339 Fax: 713-576-0301 Email: galonso@bradley.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 08/02/2022 | 1 | NOTICE OF REMOVAL from Fort Bend County, Texas 240th Judicial District Court, case number 22-DCV-294632 (Filing fee $ 402 receipt number ATXSDC-28559007) filed by PNC BANK, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Supplement)(Alonso, Gabriella) (Entered: 08/02/2022) |
| 08/03/2022 | 2 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/18/2022 at 10:30 AM by video before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(JacquelineMata, 4) (Entered: 08/03/2022) |
| 08/18/2022 | 3 | CERTIFICATE OF INTERESTED PARTIES by PNC Bank, N.A., filed.(Alonso, Gabriella) (Entered: 08/18/2022) |
| PACER Service Center | |||
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| Transaction Receipt | |||
| 09/12/2022 09:29:47 |
Judge; Is it on LIT and being actively updated?
Clerk; I am afraid it is Judge and they are.
Judge; Have you spoken to @uscourts about this darn LIT?
Clerk; Yes, @USMarshalsHQ trying to extinguish Justice Seeker threat, but so far it’s not workin’
Judge; OK, SEAL, SEAL, SEAL. pic.twitter.com/uGjnRPwsLI— lawsinusa (@lawsinusa) October 12, 2022
Health care clinic and home health owners found guilty of fraud
Since nobody else appears to be updating the sentencing, Judge Lake sentenced Alatan to 10 years prison with 3 years supervised release and $4.5m restitution, see order above, which is on appeal.
We assume he’s still not in jail, pending his appeal. The order specifies its at the discretion of the U.S. Marshals.
HOUSTON – Two individuals have been convicted of conspiracy to commit and committing health care fraud, announced U.S. Attorney Jennifer B. Lowery.
The jury deliberated for 45 minutes before convicting Alfred Olotin Alatan, 62, formerly of Houston and now residing in Fulshear, and Francis Ekene, 71, Sugar Land, following a day three-day trial. Alatan was also found guilty of money laundering.
Alatan was the owner of Colony Home Health Services, while Francis was the owner of Milten Medical Clinic, both businesses located in Houston.
At trial, the jury heard that Alatan paid recruiters to bring patient information to be billed for home health services regardless of whether they needed it or not. Beneficiaries testified in trial and admitted they did not need home health services at the time the health care service providers billed them.
Additional testimony revealed Dr. John Ramirez had signed off on plan of care forms at the Milton Clinic when patients were not actually under his care.
Previous employees Susana Bermudez and Rita Kpotie Smith also testified. Bermudez admitted she and Smith operated both clinics and that Alatan was the leader of the scheme. Both Alatan and Ekene would consult Bermudez and Smith who directed them and provided assistance in carrying out the scheme within both offices.
At trial, the defense attempted to convince the jury they were not involved in the daily operations and did not know the provided services were unnecessary and fraudulent.
U.S. District Judge Sim Lake presided over trial and set sentencing for July 22. At that time, Alatan and Ekene face up to 10 years in federal prison and a possible $250,000 maximum fine on each count of conviction. Alatan could also receive up to 20 years for his conviction of money laundering.
Alatan and Ekene were permitted to remain on bond pending sentencing.
Bermudez, both 55 and of Houston, previously pleaded guilty to their roles as co-conspirators in the scheme. Bermudez is currently serving 30 months in federal prison, while Smith is set for sentencing July 21.
The U.S. Department of Health and Human Services – Office of Inspector General conducted the investigation with the assistance of the FBI. Assistant U.S. Attorneys Tina Ansari and Grace Murphy are prosecuting the case.
Topic(s):
Health Care Fraud
Component(s):
USAO – Texas, Southern
Updated April 25, 2022
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