Patient Abuse/Medicaid Fraud Control Unit 26 Greg Metcalfe
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Th is pu blication, printed by Central Printing, is issued by the Offi ce of the Attorney General. One thousand five hundred (1,500) copies have been printed at a cost of $3,954.00. Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of ibraries. 2 Inside An Opportunity for Extraordinary Service 4 Attorney General Drew Edmondson Consumer Protection Unit 6 Jane Wheeler Criminal Appeals Section 10 Jennifer Miller Honors and Awards 13 Environmental Protection Unit 14 Kelly Foster General Counsel Section 18 Gay Tudor Litigation Section 22 Sue Noland Patient Abuse/Medicaid Fraud Control Unit 26 Greg Metcalfe Multicounty Grand Jury Unit 30 Tom Bates Tobacco Enforcement Unit 32 Clyde Kirk Public Utilities Unit 34 Bill Humes A National Stage: NAAG Participation 37 Victims' Services Unit 38 Susan Krug Workers' Compensation/Insurance Fraud Unit 42 Karen Dixon A Time of Change 44 Tom Gruber 3 The Attorney General's Office: An Opportunity for Extraordinary Service "To the people of Oklahoma who have allowed me to do a job I love for so long, I offer gratitude and hope for the future. This office has never been about one person - certainly not me. In- stead, this office has always been and remains today about each of you and your children, and your grandchildren." Attorney General WA. Drew Edmondson It is hard to believe that 16 years have gone by since I was first elected Attorney General. Sixteen years. For some people that's a lifetime, and while I have never taken my time in office for granted, now that the end is near, I realize how quickly the time has passed. I ran for attorney general because I wanted to serve. By the time I was elected, I had already served as Muskogee County District Attorney, as a school teacher and in Vietnam as a member of the U.S. Navy. Service was something that was instilled in me almost from birth by my dad, Ed, who was a County Attorney, Congressman and a Navy veteran and by my mother, June, who served as a Navy WAVE during World War II. Because I had been a practicing attorney, the attorney general's office seemed a natural fit. There were changes that I wanted to make that were both practical and philosophical in nature, but I did not in the beginning have a firm grasp of the opportunities the office would provide to serve future generations of Oklahomans. When I came into the attorney general's office, I had made only one promise: to reform the appeals process in death penalty cases. Up until then, appeals in capital cases could only proceed in one court at a time, and for victims' families, the process seemed, and in some cases proved to be, endless. These are families that had already endured the loss of a loved one, often in horrific ways, and I felt that we, as a state, had a duty to minimize the burdens placed upon them by our justice system. I was proud in 1995 and 1996, when we changed Oklahoma laws and then got Congress to pass reforms to the federal appeals process. So, my one goal for the office completed, I began to think bigger. I began to think first about other ways that we could help crime victims in Oklahoma, and I created the office's first-ever Victims Services Unit. In the beginning, the unit consisted of one person whose job it was to notify victims' family members about important milestones and opportunities for participation in criminal cases. Today, the Victims Services Unit has grown into a six-person team overseeing the state's VINE system, our Address Confidentiality Program, certification for domestic violence service providers and train- ing for law enforcement officers and medical professionals on how best to aid victims and survivors of crime. 4 Next I turned my attention to public health. In 1996 I joined a group of state attorneys general from across the country who were concerned with the advertising tactics being used by the country's larg- est tobacco manufacturers. The tobacco companies were using cartoon characters to sell their highly additive and deadly products. Think of that now - cartoon characters! The companies also sponsored events where the primary audience was made up of kids, and they did product placement in movies rated for children. When a $206 billion national settlement was reached in 1998, I was proud to serve on the negotiating team for the states. To date, that settlement has brought nearly a billion dollars to Oklahoma. Better still, I worked with then State Treasurer Robert Butkin to create the Tobacco Settlement Endowment Trust Fund, so that the money recovered would be spent on its intended purpose - to protect and improve the public health. It was a win for Oklahoma then. It still is today, and because of the trust, it will be for future generations of Oklahomans. I hope one day the same will be said of the lawsuit we filed in 2005 against a dozen Arkansas poultry companies. I was concerned then, as I am today, about the companies' practice of dumping untreated waste from hundreds of thousands of birds each year. I believed they did so without consideration to Oklahoma water, and the untreated waste would wind up in the nearest lake, river or stream. As a result, the waters of eastern Oklahoma have morphed from being so clear that scuba divers spent time there to, in places, a bacterial sludge you wouldn't want to dip your big toe in, much less swim in or drink. The poultry lawsuit has been a long, arduous battle but it isn't one I would take back. As a result of our efforts, the poultry companies have begun trucking out a percentage of their waste, and residents of eastern Oklahoma report an improvement in the appearance and smell of the water they hope to one day enjoy again without fear of contracting a bacterial infection. I am also proud of the work we've done to put cutting-edge technology in Oklahoma classrooms through the Oklahoma Educational Technology Trust. That trust was created with the proceeds of a 2001 tele- communications settlement, and to date it has trained 2,300 teachers and 1,200 administrators and put software, computers and SmartBoards in the classrooms of more than 60,000 students. The Office of the Attorney General has, for me, been an opportunity to impact, for the better, the lives and health of the citizens of Oklahoma. Not everyone gets that opportunity, and I am so grateful that for the last 16 years, it has been mine. None of this would have been possible without the support and tireless efforts of the men and women with whom I had the privilege of working each and every day. The lawyers, the investigators and the support staff at the attorney general's office are some of the finest individuals I have ever known, and I know they will continue to improve lives long after I leave office. To these men and women, I offer my heartfelt thanks and congratulations on a job done so very well. To the people of Oklahoma who have allowed me to do a job I love for so long, I offer gratitude and hope for the future. This office has never been about one person - certainly not me. Instead, this office has always been and remains today about each of you and your children, and your grandchildren. It is my hope that that will remain the priority of this office for generations to come. 5 Consumer Protection Unit The mission of the Consumer Protection Unit (CPU) is to protect consumers from fraudulent and unfair prac- tices through law enforcement and education. Jane Wheeler, Chief The vision of the CPU is to be a responsive, cutting-edge organization dedi- cated to protecting the public and solving community problems through the education of consumers, fair enforcement of consumer laws and cooperation and coordination with other law enforcement agencies. Further, the unit envisions that the organization adheres to the highest standards of professionalism, competence and integrity. In 1994, Attorney General Edmondson pledged to strengthen consumer protection in Oklahoma. He made good on the pledge by doubling the staff of the CPU in 1996 and by espousing consumer protection throughout the term. During this time, the CPU developed into a diverse unit, protecting consumers on several fronts and in new ways. In line with the "cutting-edge" vision, the Consumer Protection Unit accomplished many "firsts." Investigations and Prosecutions After the Attorney General hired experienced investigators and prosecutors, the CPU filed its first criminal cases. The Multicounty Grand Jury Unit assisted the CPU on one of the first cases: an investigation of Brenda and David Morgan, and their adoption service,"A Chosen AngeL" The investigation resulted in a 12 count felony indictment for child trafficking. The CPU prosecuted other large criminal cases, including: • State v. Ryan, et. aI., involving a scheme to steal credit card information from consumers and purchase goods with the stolen card numbers; • State v. Frias-Payan, et aI., involving the solicitations of donations of used cell phones, which were sold for personal gain; and • State v. Long, involving an auto repair shop. One of the largest "firsts" was the CPU's criminal cases alleging securities fraud, brought against WorldCom and several individual defendants. Ten years ago the CPU began focusing on Internet fraud, training an investigator to trace defrauders. The CPU's success in this area is largely due to the thoroughness of the investigations.