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JOHN L. SMITH: Immunity deal keeps Venger safe from prison, but it can't save his reputation

By late Monday afternoon at U.S. District Court, I reached the conclusion that it's a good thing defense attorney Tom Pitaro didn't go to medical school.

From the way he carved up prosecution witness Dr. Ben Venger in the medical fraud trial of Noel Gage, it's clear Pitaro would have made a terrible mess of his patients. They surely would have lost arms, legs, and a lot of blood.


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  • Brain surgeon Venger spilled his guts Monday, and Pitaro made sure the government's key insider kept leaking throughout a lengthy and painful cross-examination.

    Venger, who has spent his professional life building an excellent reputation in the community, was sliced like fish bait by Pitaro, who surely challenged a federal court record for the most times calling a witness a liar. I've seen turkey carcasses five days after Christmas with more vital signs.

    At some point I almost expected Senior U.S. District Judge Justin Quackenbush to pull out a stethoscope and pronounce the witness lifeless for the purposes of further use in a trial that finds attorney Gage accused of conspiring to defraud clients in medical malpractice cases and launder a percentage of the proceeds to admitted professional liars such as Venger.

    That's not to say Gage is off the hook. Jurors may rightly have been impressed by Venger's testimony that, during a confidential meeting in a suite at the J.W. Marriott with self-styled medical consultant Howard Awand -- one the surgeon admits he attended in furtherance of a fraud scheme -- he swears he clearly heard Gage's voice giving Awand instructions via the cell phone.

    Beyond that, Venger's repeated statements that he'd only carried out Awand's instructions and clearly understood those marching orders were coming from Gage were drowned out by his reluctant admissions that he'd changed his story, repeatedly lied, received hundreds of thousands of dollars in consulting and professional witness fees, and had essentially laundered the proceeds.

    Even Venger's emphatic testimony that he'd had a change of heart after Sept. 30, 2003, was made to sound like a kid with a kazoo after Pitaro established that the supposedly offended doctor had continued working with patients directly linked to Awand two years later. The employees of Gage and Awand might have offended Venger's wife, but he kept in touch with the source of so much business.

    "After that date I never saw Howard Awand again," Venger said.

    No, but he did accept several referrals from the medical middleman.

    Pitaro also established that prior to Venger's immunity deal the surgeon was at least briefly concerned about being prosecuted for obstruction of justice after he failed to list all the cash he'd received from Awand. Considering all the money Venger received and the several ways he sought to conceal its source, it's understandable how he might have lost track.

    While Venger's reputation is in sore need of a transfusion, thanks to an immunity deal with the government and an agreement to forfeit a bundle of money in the form of restitution, his courthouse hara-kiri is over for now. (Awand has yet to come to trial, and Venger and surgeon John Thalgott might be compelled to make repeat performances.)

    Whether Gage escapes a conviction is uncertain. Some jurors might make the connection that the veteran attorney reasonably should have known about the shenanigans going on in his own camp. The defense's attempt at building a wall of plausible deniability seems almost corny given Gage's own reputation as a hard-nosed, detail-oriented trial lawyer.

    One thing is clear, Gage is most fortunate that Awand didn't stand trial first. For as flawed as witness physicians Venger and Thalgott might have been, in my ears their testimony implicating Awand sounded absolutely believable. Awand has real problems, and that could mean trouble for other lawyers and physicians.

    Venger appeared genuinely emotionally pole-axed by this experience -- and not just because he was caught storytelling and trying to save what remained of his skin after Pitaro's Ginsu knife demonstration. Unlike Thalgott, who was such a professional witness that I wondered whether he cared even the slightest amount that he'd been caught in the middle of a fraud case, Venger appeared absolutely distraught by this debacle.

    With Monday's courtroom bloodletting eventually stanched, Venger now faces another question:

    You can return the dirty money and avoid prison, but where do you go for a reputation transplant?

    John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295.

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    John wrote on July 09, 2009 11:49 AM: I can not believe what doctors became.
    I was doctor Venger patient ,but I was very careful from the beginning to rush to brain surgery,because my experience with doctors is very bad since I had my accident,but I learned very fast about them and their profit driven system. Maybe that is the reason why I am still life after seven years. If I let them do the surgery I will be today vegetable. It is always good to have more medical opinion than one or two. After the doctors damage you, it become only your problem and the doctors will be gone. I never trust doctor Venger specially when he spend four minutes with me on visit and the bill was 400$. Maybe the politicians have good health care,but not the ordinary American citizens. If the greed infected our medical system then GOD help us. How long the American people be so stupid. Why they do not understand change comes with revolution not with election. Our enemy is not in the middle east,but it is greed and deception, what will really destroy us.


    Unknown to you wrote on March 07, 2008 07:36 PM: Let's not forget that Dr. Venger is an EXCELLENT doctor and has saved many lives. He didn't get his good reputation and name overnight but it's sad it seems he has lost it that way.


    Joanne Goldman wrote on March 05, 2008 06:34 PM: In April of 06 my signifant other was diganosed by Dr Venger as needing brain surgery due to a fall he took at home due to dehudration from the flu. He had two surgeries the second one was done at 10:00 at night. He left on vacation the next morning. Another doctor in the group was left to give me the news he had a stroke. I now question wether he ever needed the surgery to begin with. Especially after our first follow up with Venger when he said it was a good thing he wasn't driving when he had this stroke that even a moron would know was cause by the second surgery. We trusted this Doctor that I knew at that moment had no integrity. WHAT IS WRONG WITH THE MEDICAL PROFESION HERE.
    Let me say he has never fully recovered and has not been able to return to work
    and has suffered from depresion and almost commited suicide. ALL FOR GREED.
    You can contact me at any time I sincerely hope this man is not allowed to practice in this State


    Wonderng wrote on March 04, 2008 09:03 PM: Great Story. John, tell us what Judges were at the Big Bear Party where the money was flowing. A witness has testified there were judges there. Tell us why Quackbush won't let the jury see the pictures of the infamous party. Tell us why all our Nevada US federal judges recused themselves. Stink, Stank, Stunk


    In The Know wrote on March 04, 2008 08:12 PM: Please have the R.J. print the respective lists of witnesses called by the prosecution and defense in this case. Has Dr. (for now) Kabins testified? Lemper? Kraft? Grover? Attorney E? Attorney V? Any of the boys over at BBB&C? Attorney Bruce S? Dr. Leon? Dr. Oliveri? Dr. Kosmary?

    Please print the names of those who have testified, and by whom each was called, for those of us who cannot make it down to federal court every day.


    Same ole S H # * wrote on March 04, 2008 07:53 PM: A foolish hungry man who steals a candy bar could go to jail for life because a 3 strike rule.
    The men who steal millions(maybe Billions) are leaders, presidents, kings, lawyers or brain surgeons.
    And Venger's immunity deal with the government and an agreement to forfeit a bundle of money in the form of restitution. MILLIONS going from one corrupted source to the next!!


    INSIDER wrote on March 04, 2008 05:37 PM: Ethics?? Hey John L Smith , where's the ethics in journalism? When were you going to tell your readers about your friendship with Nole Gage? Who's on trial here anyway?


    Observer wrote on March 04, 2008 03:51 PM: Here John L. Smith goes again, always toutin some defense attorney, first it was Chesnoff, then Richard Wright, now Pitaro....yet, I never hear of these guys actually WINNING AT TRIAL. We all know Mr. Smith is enamored of "colorful" characters, and the more sinister they appear, the more he starts breathing heavy, but, still, they all seem to lose at trial...or so it seems.

    Smith wrote breathtakingly of Richard Wright's defense of polygamist Jeffs, but JEffs lost big...and Pitaro lost that recent case of the teacher molester....so really, enough of the adjectives and visuals of throat- cutting cross examination. A cross examination or direct, for that matter, is good to the extent that you WIN. At least from the perspective of teh guy whose life is on the line, like Gage's is. All the high priced histrionics, which, in this case, simply boils down to calling someone a liar over and over and over again. Put simply, such a display of theatrics is, in my opinion anyway, Shakespearan in sounding furious yet signifing not much else, when all is said and done.


    ralph wrote on March 04, 2008 01:21 PM: These are just the guys who got caught. How many others are out there doing the same thing? People wonder why health care costs are so high, and Doctors carp about malpractice insurance costs. Gee whiz, I wonder where all the money is going. It's too bad that most people don't realize how much money the trial lawyers steal from the system. The problem is, the entire government is chock full of lawyers that we elected. They certainly aren't going to cut their brethrens throats. As for the doctors... Physicians, heal thyself! These Docs should have their licenses permanently revoked (and not just in this state but all others as well) to send a message that this activity is a career-ender.


    JenniferK wrote on March 04, 2008 12:31 PM: I find it more than ironic that within the last two weeks, the public has been treated to seven examples of money grubbing physicians, all of whom malpracticed, yet heavily profited: Thalgott, Venger, Desai and his 3 partners.

    So much for the Nevada medical community's successful public relations campaign, ongoing since 2003, designed to show that they are saintly life savers and that lawyers are the devil's tools.

    Perhaps it is time for a cease fire to be declared in the war between doctors and lawyers in Nevada.


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