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May. 07, 2008
Copyright © Las Vegas Review-Journal

PUBLIC HEALTH CRISIS: Judge restricts doctors' assets

Desai, Carrera need OK for large transactions

By BRIAN HAYNES
REVIEW-JOURNAL
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Lawyer John Muije argues Tuesday for a court order to prevent doctors linked to the hepatitis C outbreak from transferring assets out of the country while Dan Curriden, the lawyer for the Endoscopy Center of Southern Nevada, listens.
Photo by Gary Thompson.

Amid worries that doctors tied to the hepatitis C outbreak might try to hide assets overseas, a district judge on Tuesday ordered two physicians to get court approval for large financial transactions.

District Judge Allan Earl also gave lawyers for patients suing the Endoscopy Center of Southern Nevada permission to start probing financial records of the clinic and its doctors.

"This is such an extraordinary case that I think extraordinary measures are allowed," Earl said in issuing the rare preliminary injunction.

Lawyer Robert Eglet, who represents hundreds of former clinic patients, said he had never seen such an order in his 20 years of practicing law in Las Vegas.

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    • The judge's order requires Drs. Dipak Desai and Eladio Carrera to get the judge's OK for any financial transactions of $50,000 or more.

    Desai was the clinic's majority owner. Carrera owned a minority share.

    A Southern Nevada Health District investigation linked each doctor to three patients who contracted hepatitis C because of unsafe injection practices at the clinic. Judges temporarily suspended their medical licenses last week pending District Court hearings scheduled in the coming week.

    In issuing his decision, Earl threatened the doctors with "sterner measures" if they tried to skirt his order by using multiple transactions just under the $50,000 limit.

    "The bottom line is, don't do it," he said.

    Lawyers for Endoscopy Center patients had filed the motion to monitor the doctors' assets to ensure they were available to satisfy potential jury awards. The patients' lawyers don't think the doctors' insurance policies will cover what could be large awards for punitive and other damages for the growing number of infected patients and the thousands of patients who sought blood testing because of possible exposure.

    "Without some oversight, supervision and control, by the time we get a verdict here ... there's not going to be any money to collect," said lawyer John Muije, who was hired by Eglet's firm.

    If the doctors were allowed to move money overseas, getting to it would be all but impossible, he said.

    "I've chased a lot of people for a lot of money over the years, and I've never been able to get a dime out of a Swiss bank account." he said.

    To support his argument, Muije referenced recent media reports that Desai tried to move two Mercedes-Benz sedans to Dubai.

    Desai's lawyer, Dominique Pollara, called the reports "absolutely baseless." Desai had tried to pay off the leases and sell the cars to a buyer in Houston without knowing what the buyer intended to do with the cars, she said. The sale fell through.

    Desai isn't trying to move assets out of the U.S., she said.

    "He's a U.S. citizen," she said. "He's a resident of this state and this city. He does not intend to go anywhere."

    Arguing on behalf of all the doctors, Pollara called the preliminary injunction unfair because it infringed on their right to use their money without due process.

    "It's an unwarranted intrusion on the defendants' property rights," Pollara said. "These physicians have lives to run. They have bills to pay. ... Why should there be such scrutiny and oversight of their personal finances? It's unwarranted."

    An Aug. 26 court date was scheduled to revisit the issue and whether the injunction should be extended.

    Contact reporter Brian Haynes at bhaynes@reviewjournal.com or 702-383-0281.



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    mac wrote on May 10, 2008 01:06 AM: We should send Dipak Desai and Eladio Carrera back to India to live with maccacas...


    David Johann wrote on May 07, 2008 10:17 PM: Barney Fife:

    Nobody reads your stuff beyond your posting handle.

    It is not entertaining, funny, informative or anything else.

    However, you may be narcissistic and unable to process the above.

    Thought you'd like to know.


    Paleeeeeeeeeeze wrote on May 07, 2008 08:15 PM: If one of us "regular" white american poor people(not on any medical boards or committees) took a needle and knowingly poked another infecting them with a disease, we would have been arrested and detained on the spot. Why should we treat this foreigner any different, he WANTED to come to our country, he WANTED to steal money and lives, he DID just that. He wanted to come to America to make millions! He now wants to be in an American PRISON!!!!!!!! In America that is what happens when you get tooooo greedy, you slip up eventually, and whoops get caught. I am sure he will have many friends in prison, and can also get a college education at our expense so he has a career (maybe in law) when he gets out.


    Connie wrote on May 07, 2008 12:03 PM: Since this entire debacle broke to the public more than two months ago, these killers have had more than enough time to hide all the assets they want to hide.

    To little to late Judge, but thanks for trying.


    Paleeeeeeeeeeze wrote on May 07, 2008 10:42 AM: I agree with you Don. This attorney Pollara, will most likely have to get her bill approved too by the court since I am sure her fees will be above and beyond
    $50,000 if she has not already passed that! She doesn't want to get cheated out of any of her share of Desai's worth!


    Steve wrote on May 07, 2008 09:23 AM: Bob,

    The judge didn't freeze any assets. They just can't take more than $50,000 at a time. Just a few fake receipts at $50,000 each and his money is out of the country. So what if the judge get's mad at them later..they will have everything out of the country in addition to themselves.


    BarneyFife wrote on May 07, 2008 08:00 AM: Hey Barn, welcome home.
    Thanks Andy. Boy, oh boy, Cambodia is a great place to visit this time of the year.
    What did you do there Barn?
    None of your beeswax Andy.
    So Barn, how's the old homestead look to ya since you've been gone so long?
    Well, I seen Dr. Venger walking into the beauty shop with a box of donuts. Nothing new there, except he's got some new high heels on.
    Yeah Barn, and I think he's got a bit more frosting on his fancy pompodour.
    And Andy, what's with Dipak?
    Whaddya mean Barn?
    I mean, he told me he was selling his cars to some Arab country so starving kids could eat.
    Yeah, can you believe it. And the Judge said no way.
    Geez Andy, what is this world comin' to when you try to feed starving kids and some Judge won't let you do it.
    Hey Barn, did you hear about the new doctor in town?
    You mean the one who wears a fancy toga outfit?
    You know Barn, Floyd thinks it's a fancy dress with jewels and a matching turbin. Goober thinks it's an old Halloween costume cause the guy scared the begeezus out of some kids. Opie thinks it's a prison uniform from something called the Renaissance period. Aunt Bee
    thinks the guy is just off his rocker.
    Dr. Venger thinks the doctor is an African Prince or maybe even a witch doctor.
    So whaddya think about this Andy?
    Hmmm. I think he's cute. Just kiddin Barn. Actually I think he's a messenger of God. Kinda like Morgan Freeman, except he's always angry.
    Yeah, Floyd told me the guy threatened to stick the barber scissors up his backside if his haircut didn't look like somebody called Dr. Jeremiah Wright.
    Who the hell is that Barn?
    Not sure Andy. See ya later.


    br wrote on May 07, 2008 07:49 AM: Too late, judge. There was a week between the time the situation was uncovered and the time it became public. You can bet Desai and others had time enough time to protect their assets.


    Don wrote on May 07, 2008 07:32 AM: Desai's lawyer, Dominique Pollara, in tying herself to these two criminals, has announced whose side she's on. She is a mouthpiece for the rich and untouchable. They don't care about the pain and suffering they cause, they don't have that capacity. It's all about the money for these animals. Their punishment? I say spend a day in one of their filthy clinics watching needles and vials used and re-used then at the end of the day, inoculate them both with the dirty needles. End of story.


    jubjub wrote on May 07, 2008 07:21 AM: How much are these two guys worth??


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