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JOHN L. SMITH: Fraud case reinstatement tests Gage's promise to fight to the end

And now, back to the ballgame.

The 9th U.S. Circuit Court of Appeals on Thursday reinstated the federal fraud case against attorney Noel Gage and medical consultant Howard Awand, reversing U.S. Senior District Judge Justin Quakenbush's eyebrow-raising earlier decision.


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The decision of Quakenbush to toss the indictments of Gage and Awand threatened to dismantle the FBI's lengthy investigation into allegations of fraud involving doctors and personal injury lawyers specializing in medical malpractice litigation.

Although Gage has said he'd fight allegations of corruption to the end, you'd think at some point he might be tempted to check his calendar, cut a deal, and go on with the rest of his life.

DUNNE'S DEATH: Dominick Dunne was more than a keen observer of the celebrity scene. He was, in my opinion, one of the nation's best writers.

Dunne, who died Wednesday at 83 in Manhattan after a long bout with bladder cancer, had an uncanny ability to work rooms filled with the famous and infamous, publish bruising articles, and somehow remain on the A list. He collected facts, distilled truth, and held up a mirror that revealed the hypocrisy and human tragedy of the beautiful people.

Known as a crime writer and regular contributor to Vanity Fair, he was capable of powerful and compelling storytelling. I heard echoes of John O'Hara in Dunne's insightful prose.

I also appreciated his tenacity.

Despite obviously being very ill, Dunne covered the O.J. Simpson case last year in Clark County District Court. With his note pad and pen, he listened closely to the give and take of the defense and prosecution, scribbling here and there. Simpson's memorabilia robbery case lacked the drama of his murder trial, but Dunne was a pro. Rather than phoning it in, he stuck it out and worked as hard as his ailing body would allow.

He also fell asleep in court more than once. He was chaperoned by his friends from Court TV and local freelance writer Steve Friess, who wrote a lengthy profile of Dunne for The New York Times Style section.

Dunne had difficulty maintaining his interest in a case with no corpse.

At one point, he whispered to Friess, "I need a body. This is so boring. I don't care about this shit."

If he didn't care, it never showed in his remarkable writing.

SUBSTATIONS SECURE: Metro Capt. Mark Tavares wasted no time in delivering good news to Mount Charleston residents Thursday evening at the area's town board meeting: Their prized police substation would remain in place.

"Nothing's going to change," was the message Tavares delivered, calming the nerves of not only the mountain's residents (myself among them), but acknowledging the substation plays an integral role not only for neighbors but for the mountain's more than 1 million annual visitors.

Tavares said other rural substations, which he supervises, would be safe during the department's ongoing budget analysis.

"Right now and for the foreseeable future" the resident officer program would provide service to the outlying areas of Clark County.

VEGAS LOVE: When Virgil wrote "Love conquers all," perhaps he had Michael Jelinsky and Kristie Gulia in mind.

Jelinsky was convicted and sentenced on federal charges related to the multimillion-dollar, international illegal bookmaking ring he operated with his brother, Jeffrey Jelinsky, and a crew of other wiseguys in Las Vegas. They ran a lot of their action out of the sports books at the Palms and the diminutive Poker Palace in North Las Vegas. As part of the government's investigation and prosecution, agents and accountants rounded up the Jelinsky crew's substantial cash holdings. It amounted to millions.

In the process, the feds also plucked the diamond ring from the finger of Michael Jelinsky's fiancée, Gulia.

Talk about a bad beat. She loses her rock, and now her man is breaking them.

ON THE BOULEVARD: Whenever I hear someone say double-tough former brothel owner Jimmy Miltenberger "knows where the bodies are buried," I'm not sure it's a metaphor. Now Miltenberger, who is in his 80s, is very sick. Consider this an interview request, Jimmy.

BOULEVARD II: Those expecting fireworks Wednesday at the Las Vegas Chamber of Commerce luncheon with Senate Majority Leader Harry Reid must have been disappointed. The atmosphere inside Four Seasons was absolutely cordial.

The questions were tame. The overflow audience, filled with business owners and people who are probably concerned about federal deficits and health care reform costs, uttered not a peep of protest. Reid even received two standing ovations.

Obviously, this isn't your father's chamber of commerce.

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

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Raeann Todd wrote on August 31, 2009 04:53 PM: What the Government is doing to Noel Gage is a gross miscarriage of justice and taxpayer dollars. It is hard to believe that there are so many crooks out there who consistently victimize people, and consistently get away with it.

Mr. Gage's only "crime" is being an aggressive and successful attorney who goes all out for his clients. I guess if you step on too many of the wrong toes ... it will get you in trouble!


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Miles Monroe wrote on August 28, 2009 01:10 PM: LB. Comparing the integrity of Noel Gage to Rosa Parks is tantamount to comparing the integrity of Saddam Hussein to Mother Theresa. There's no comparison.


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quacks wrote on August 28, 2009 10:50 AM:
rimoldi and mashood are the worst regarding kickbacks


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Dr. Feelgood wrote on August 28, 2009 08:17 AM: I thought there was testimony from Kabins' partner, doctor John Thalgott, to the effect that Thalgott and Kabins and Gage and Awand allegedly met and allegedly agreed to coverup the alleged negligence of Thalgott and Kabins relative to Melodie Simon's paralysis?

On another note, but relating to fee splitting, I thought Dr. Andracki sued Chad Golightly for not paying Dr. Andracki his share of their pay-for-adverting-in-return-for-client- referrals arrangement? It's public record, and the RJ reported on it in the past. No follow-up though.

Did the State Bar sanction Golightly? In my opinion, I could not believe in their pleadings that Golightly and Andracki admitted to paying for advertising in return for client referrals, since such an arrangement is illicit under State Bar rules. Why was Golighty not publicly reprimanded? I always suspected that Golightly's Public Service Announcements with all the police agencies and him denouncing DUI's was some kind of a "punishment" coming as it did on the heels of the RJ publishing news of the lawsuit. But, it really is not "punishment" since Golightly is portrayted as being pro-police, and gets goodwill for that, so it is no real punitive measure.

Here is how I believe the deal works with these doctors and lawyers....chiropractors in particular, and other doctors as well, pay for t.v. commercials, billboards, web advertising, and yellow pages, in exchange for having PI clients sent to the doctors. The doctors treat the standard 90 days, and average, i guess, $3,000 per client...so it is to their advantage to pay for attorneys' advertising. The attorneys get a "reduction" in medical liens, BUT that reduction goes to the attorney in the form of advertising dollars. That money should rightly go to the client. That is the illegal part in my opinion.


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Legal Beagle wrote on August 28, 2009 05:55 AM: So, you think Gage should just plead guilty to something that is not a crime? Are you familiar with the concept of integrity? You probably would have told Rosa Parks to just give up her dream, and just take a seat at the back of the bus. You used to support the medical malpractice reform efforts, but, suddenly Noel Gage only getting $2.3 million for his client in the middle of tort reform hysteria is unacceptable. If anybody should be 'tempted" to give up, it should be our dimwitted US Attorney, who has burned up millions of your and my tax dollars, with very little hope of success. I wonder why we have all these drug dealers ruining our children's lives, while the US "Crimefighter" is spending our precious resources on this stupid, ill-conceived, windmill tilting exercise in futility?