Diary of a Desert Doctor Do We Still Have Chutzpah

E-Mail Interview With Ken Butters – April 21, 2010

1. The lawsuits we have reviewed claim that there was fraud involved in the transaction with the doctor. Do you feel this is true? Why or why not?

A. I am currently representing eight (8) chiropractors who have been sued by leasing companies related to numerous misrepresentations made by Dr. Maurice Pisciottano and his companies to induce my clients to enter into the leases in the first place. In addition, I have talked to probably ten (10) other chiropractors who are not involved in litigation yet who are making the same misrepresentation and fraud claims against Dr. Pisciottano and his companies.

2. Most of the lawsuits we have reviewed claim a violation of the Uniform Commercial Code. Is this correct? Why or why not?

A. Yes, we are alleging that Article 13 of the Uniform Commercial Code, which deals with leases, has been violated by the leasing companies in that Article 13 covers a defined term “goods” and while the ProAdjuster unit itself is a “good” there are numerous other items that are not “goods” and therefore you have a bundling under Article 13 which is in violation of Article 13, such as software, promised training of chiropractors, etc.

3. At least one of the lawsuits claims that the doctor was given a “Replacement Plan” whereby Pro-Solutions would find a new customer to purchase the remainder of the doctor’s lease. Is this accurate and, if so, how many doctors received such a plan?

A. One of my doctors states that he was given a “Replacement Plan” and a couple of others over the phone have mentioned that to me also. It appears that whenever pressed on an issue, Dr. Pisciottano would say whatever was needed to pacify the complaining doctor.

4. There appears to be a growing number of doctors in litigation with Pro-Solutions and its leasing companies. Approximately how many doctors are in litigation, and is this number growing or has it leveled off?

A. As mentioned previously, I am defending eight doctors who have been sued by leasing companies. We have been successful to date in a couple of these Iowa litigations in having a judge allow us to bring in Pro-Solutions and its leasing companies and Dr. Pisciottano as Third Party Defendants. I am also aware that there are lawsuits in Washington and Florida against Pro-Solutions and its leasing companies also. Page 2

5. It has been suggested that at least one of the leasing companies utilized for the leases has filed a lawsuit directly against Pro-Solutions. Is this accurate and if so, which leasing companies have filed suit?

A. I am not aware of any leasing company that has sued directly against Pro- Solutions. As I understand it, Pro-Solutions owes NCMIC over one million dollars, but NCMIC has not sought to sue Pro-Solutions because they do not know if they are successful and obtain a judgment whether the judgment would be collectible.