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Ex-consultant faces more time
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Howard Awand
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LAS VEGAS REVIEW-JOURNAL
U.S. District Judge James Mahan on Monday ordered Howard Awand held in contempt for refusing to testify before a federal grand jury investigating fraud within the legal and medical professions.
Prosecutors consider Awand, 66, the central figure in a network of lawyers and physicians that might have defrauded clients out of millions of dollars.
He is in federal custody following his conviction in the investigation.
The contempt order adds more time behind bars for Awand until either the term of the grand jury expires on Feb. 18 or Awand decides to cooperate.
The hearing was held at the request of prosecutors, who want the former medical consultant to provide testimony about lawyers targeted in the investigation. Awand had ignored an order from Mahan and refused to answer questions under a grant of immunity when he was hauled before the grand jury on Nov. 10.
First Assistant U.S. Attorney Steven Myhre sought to close Monday's hearing, arguing that by law all matters involving the grand jury are secret.
But Mahan ordered the hearing opened after a plea from Awand's Los Angeles lawyer, Harland Braun. A Las Vegas Review-Journal reporter was allowed to sit through the entire 45-minute proceeding.
Awand was brought to the courtroom in chains by U.S. marshals.
Mahan instructed Braun and Myhre to argue Awand's fate without referring to any information about the criminal investigation that has been presented to the grand jury.
Braun told Mahan on Monday that no matter what punishment Awand faces, he will not cooperate with prosecutors because they have "destroyed his life" and he doesn't trust them.
"He feels that he's been mistreated by the government," Braun said. "The entire government theory in this case is a fantasy."
Braun said the theory was born out of rumors circulated by insurance companies that started losing multimillion-dollar malpractice cases after Awand switched sides and began working as a consultant for lawyers suing the companies.
Most of the allegations the government is pursuing are old and beyond the statute of limitations, Braun argued.
He said prosecutors want to use the grand jury against Awand as a "perjury trap" to pile on more charges .
"They're trying to squeeze him to say something," Braun added.
Myhre argued that Braun did not present any just cause to keep Mahan from holding Awand in contempt for refusing to answer questions before the grand jury.
Mahan agreed, saying most defendants claim they are mistreated by the government.
"These are questions that could be answered to put this matter to rest," he said.
Mahan said he would make public a written civil contempt order.
Afterward, Braun did not criticize Mahan's decision.
"He did what he had to do," Braun said. "But people have principles that go beyond the justice system."
Braun said he might ask the 9th U.S. Circuit Court of Appeals in San Francisco to consider Mahan's order.
In court, Mahan told Awand that he would not get credit for serving his prison time while he is jailed on contempt.
Awand was sentenced in June to four months behind bars after a conviction stemming from irregularities prosecutors uncovered in a medical malpractice case. He also is serving a four-year term from a separate conviction for failing to pay $2.5 million in income taxes.
Prosecutors can seek Awand's testimony before a new grand jury after the current panel's term expires in February, but if he continues to refuse to cooperate, they would have to repeat the contempt process.
Contact reporter Jeff German at jgerman@ reviewjournal.com or 702-380-8135, and read more courts coverage at lvlegalnews.com.
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This judge has over stepped his authority and obviously is using his power to coerce a confession. This judge should be removed from the bench and a investigation into the entire judiciary and law enforcement should be commenced within this State.
It is amusing that Awand claims to be mistreated, I wonder if he has any consideration for his victims?
Between insurance companies and lawyers, he was laying down with dogs.
Carrie, I also never said he didn't rip anyone off so please don't put words in my mouth. I know nothing of Awand. I know a couple of the lawyers they want him to testify against and I don't know of any of their clients that feel ripped off. Maybe some do, maybe the GJ should and will have them testify, if they exist. I do know of several of their clients who are very happy with the professional services rendered by these attorneys.
Carrie, if you didn't use your personal insurance in favor of a lien, that was a decision you made. Whether they suggested you do it or not, it was still your decision. I didn't have that choice, I didn't have insurance. I've never dealt with Awand but I do deal with some of the lawyers and if it wasn't for them, I would have never received the medical care I needed. It was the lien program that got me taken care of, got me out of a wheelchair and back on my feet. If it cost a little more than the person paying upfront with insurance or cash, I don't mind because without the lawyers and the lien program, I wouldn't have received any post emergency room medical care. I had a torn ACL, a fractured spine as well as multiple other less serious injuries including two other fractures. The scum bag doctors from the ER that by law have to provide follow up care made me pay them in the waiting room BEFORE they would even see me in the days just after my injuries occurred due to no fault of my own. When they had my credit cards maxed out, they wouldn't even give me an appointment.
Your anger seems to be directed towards awand and maybe rightfully so, but it isn't Awand that the judge wants, He isn't a target of the GJ investigation or he would be well within his right to plead the 5th. The reason he got charged with contempt is because he is a witness to the GJ, not a target, and therefore not afforded 5th amendment protection.
This case isn't about awand anymore. Target your anger towards him, not the attorneys that make sure those liens get paid and their clients get the much needed medical care they deserve.
How do you know that I'm (in your words) "so darn sure they are all not guilty?" I did not express any opinions regarding the failed investigation and prosecution of the so-called "medical mafia." I'm just talking about Awand and Big Bubba! I only expressed my frustration at spending my hard-earned federal tax dollars on keeping harmless guys like Awand in jail instead of Big Bubba. Clearly, you have some axe to grind, but it sounds like you're the one "rotting" away here! Geeeez! Wishing "death" or an "accident" on someone is pretty sick and twisted! What kind of people are you? Probably Big Bubba's mama! Makes the so-called "medical mafia" look like saints.
tl.lane - you are exactly right. And, he only got time for tax evasion. That is so sad considering he arranged the whole darn scam. Attorneys A,B,C,D, etc. and Doctors A,B,C,etc. made tons of money off the misery of others and felt no shame at all. Let's hope they get a judge with some actual brains (rather than saw dust like the last one) and can get convictions truly deserved for the others. I suspect cyprian may be an attorney since he is so darn sure they are all not guilty. News flash citzens - they are all guilty as hell and deserve to be disbarred and run out of Nevada. Many fine lawyers in this town who are not crooks. The ones that are - heave ho and glad to have you gone.
When you've got "tunnel vision" there is nothing more I can say to help you. Doesn't it make more sense to let Awand spend the rest of his life working off the enormous debt he owes to the federal government. He obviously is very good at making money!! LOL!!
....this POS is up to his eyeballs in this debacle.....he's profited an obscene amount of money from it and should be held accountable for it...i hope he spends the rest of his greedy pathetic life behind bars.
Yeah right. I talked to this creep almost daily. He hid so much of his income and bragged about all the money he was making. Really, off he and his scumbag friends in his scheme. Maybe it is like a country club but I would rather he rot and die in jail. He truly doesn't even deserve to live. Maybe an accident will happen while he is in the "country" club. There is always hope.