Wednesday, July 29, 2015

 
THE CASE OF THE MISSING FILE

After a Rodney Mesquias was indicted in Cameron county in 2009, sometime later his file went missing.

"BROWNSVILLE - The former owner of a Harlingen medical clinic has been arrested on charges he billed Medicaid more than $387,000 for services provided without the supervision of a licensed physician, Texas Attorney General Greg Abbott said Friday.

A Cameron County grand jury indicted Rodney Mesquias, 39, on Nov. 12 on two counts of Medicaid fraud over $200,000. He was arrested Wednesday and released on $25,000 bond."

Click for story

After the indictment someone went to the AG with an open records request on the indictment and related documents.  The request was denied based on an ongoing investigation.  Click for AG opinion

THE RECORD HAD TO HAVE BEEN EXPUNGED

I say this because yesterday notwithstanding their own AG opinion on the matter, the AG told me yesterday they have no records on a Rodney Mesquias.  Great right, they have a published opinion on his criminal indictment on the internet and in their data base, but claim they have nothing on him.  What a hopelessly broken system.

The AG issue is why I am running the story - how can they have an AG opinion on line on Rodney Mesquias and then tell me pursuant to an open records request they have nothing on the man?  When the AG's office cannot get an open records request right, we are doomed.  They should have said any records which may exist are not subject to disclosure.

I have also checked two different data bases for Cameron county and the criminal record does not exist.  I checked with Eric Garza's office and they cannot find a thing - hence the record must have been expunged

There is nothing wrong with this, if he was found not guilty, the charges dismissed, or he received pretrial diversion, among other options.  It can actually get complex.  My point being, this may all be very innocent.  It is the AG part of the story which is interesting.  They have a published opinion on the man and then claim they have nothing on the man.

There is another important verifiable matter - but because correlation by innuendo is not evidence or fact I am not disclosing this other part of the story.  Innuendo is not fact. 

DPS will not investigate to determine if the expungement was valid unless I have a copy of the original final disposition which indicates no expungement was available under the law.

So it ends - the case of the missing criminal record, with the AG saying they have nothing on the man, while they have a published opinion on the internet on the man.

7 comments:

Anonymous said...

It is interesting to so many that this article was posted and thanks to the blogger for shedding light on the situation. I agree in the sense that it is extremely fortuitous that Rodney Mesquias was able to have his record expunged and there remains no evidence of his arrest, or the legal processes by which he was able to accomplish such a feat of legal escape. As the nation struggles to pay for individuals who need Medicare and Medicaid, it falls upon healthcare practitioners to ensure ethical behaviors to avoid fraud, which is ultimately at the taxpayers' expense.

I believe the short answer is the sense of invincibility that might come with possessing money at a level which the vast majority in this state and nation do not possess. In terms of avoiding this legal predicament, one can only assume it comes down to whom has access to the most expensive and talented legal defense, making it an unworthy venture to pursue by the state's legal resources. In other words, a millionaire can afford to take on the state government and its charges. There is not doubt that Mr. Mesquias is capable of engaging in such behavior, as he is well known to many as an arrogant and presumptuous individual, with no regard for the time or concerns of others, how can he be expected to not possess the same sense of being untouchable that comes with monetary protection. And yet he continues in business and not only that, but as a healthcare professional, now. How is it that he is able to possess a Nurse Practitioner's License at this time and work within his own Home Health, Hospice, and possibly other businesses, continuing to bill and receive monies from the very entity of which he was accused of defrauding? It is a typical practice for him to change ownership on paper only, and continue to receive funding from his companies, while violating conflict of interest laws.

The problem has not stopped. He has only been empowered at a greater level by the achievement of becoming a practitioner in the state of Texas. His business practices have only become more calculated and pre-emptive, and yet, his stockpile grows. With so many healthcare professionals putting great effort into the care of their patients and delivery of services, one can only turn to the state and federal government for answers. There was no lesson learned and no change of behavior, only a vicious push to empower those closest to him with outrageous sums of money for their quiet participation. It is important to note that Mr. Mesquias is not the only one engaging in such behaviors and, ultimately, it falls upon our governing bodies to enforce their own rules on individuals who are known to behave with no regard for billing or lack of following policy. With no one coming forward, and nothing to ensure practitioners are reformed in their behaviors, there is little that can be done.
The great 1940's business man and insurance tycoon, James Lynn, found no solace in money ultimately, and turned his fortune into benefiting others, even going so far as to take monastic vows and transform his life into giving up the pursuit of wealth, and devoting his life to self-actualization. He once spoke of always fidgeting in years past and after transforming is life, he noted that for once, his hands were still. You will see the same fidgety behaviors in the presence of Mr. Mesquias. One can only be grateful to be far from him, his business practices, and his push for the thing he values most - money. Hope remains for transformation, but at what expense will it come? Mr. Mesquias has not a fraction of the wealth that James Lynn possessed, but once obtained, I hope he finds self-actualization elsewhere. Hopefully in a place he cannot manipulate. To each practitioner their own, and I sincerely hope that ethics will return, and be held above all as the standard of care for patients across the country.

Unknown said...

Have you seen the latest on the individual? $150 milllion indictment.

Unknown said...

Have you seen today’s $150 million indictment pertaining to said individual?

BobbyWC said...

i just read the doj press relief. i will follow up tomorrow, thanks

Anonymous said...

As many whom have had unfortunate dealings with this piece of human garbage, I have direct knowledge that he was guilty in 2009 and paid the ADA off to make the charges disappear. He bragged about it openly to numerous people a number of times.. this has lead us to his charges of Medicare fraud as they stand today. He is absolutely guilty and should burn in the deepest pits of hell for eternity.

BobbyWC said...

If you have any documents which shows he was found guilty even if deferred adjudication I need it

Bobby WC

Anonymous said...

Here is a hint to help your quest
Saenz, had a detective by the name of Perez!
Ask him about Rodney and see what he says?
Rodney might say my father is Mesquias,
but my mother is Perez!!!