Battle Creek's 'crooked chiropractor', Robert Buckhannon, had been shackled to an electronic monitoring ankle device since shortly after his September 30, 2014 arrest in Henderson, Nevada.
Well, not any more.
On December 18, U. S. Magistrate Judge George Foley, Jr. signed an order allowing Buckhannon to remove his electronic monitoring device.
In his December 9 motion, Buckhannon's attorney, Michael V. Cristalli, Esq., of the Las Vegas law firm Gentile Cristalli Miller Armeni Savarese, asserted Buckhannon had been compliant with pretrial services and claimed that Buckhannon's "ability to travel to jurisdictions freely without restriction is imperative to his employment". Stating "Buckhannon presents no risk of flight and is not a danger to his community", Cristalli said Buckhannon had "never failed to appear and has not indicated that he would not appear".
Cristalli's motion indicated he'd communicated with the government and that the government had subsequently communicated with Buckhannon’s pretrial officer, Kimu Kopanui. In his motion, Cristalli asserted that "pretrial services has no objection to this request and the government takes no position on the matter."
Apparently, due to the amount of Buckhannon's purported travel for his 'job' as Clinical Testing Corp's Director of New Business Development and increased airline security, the restriction of electronic monitoring has created a significant burden to his work.
Here's something even I didn't know: in the Bail Reform Act, conditions of release must be the least restrictive combination of conditions that will guarantee one of two things: 1) a defendant’s appearance at trial, or 2) the safety of the community.
Buckhannon's attorney says "electronic monitoring is reserved for situations where a defendant presents a cognizable flight risk", and claims that "at no point has Mr. Buckhannon been shown to be a flight risk such that his being subject to electronic monitoring is necessary to guarantee his appearance at trial."
According to Cristalli, the Bail Reform Act requires that the conditions be removed. Furthermore, he asserts "it was never the Court’s order at the detention hearing that Mr. Buckhannon was a flight risk".
So I'm left wondering how the folks in Florida feel about Buckhannon's unfettered ability to run around their state.
Neurological Services, which filed for Chapter 11 bankruptcy protection in Tampa on March 8, 2000, was a firm Buckhannon and his former wife, Tanya, ran. The company leased employees and equipment to doctors' offices and provides management services to neurological practices, including staffing, billing, collections, payroll and marketing. An attorney for the company claimed at the time of the bankruptcy that it had management contracts in 28 states.
Novato, California-based DynaCorp bought health care companies' receivables at a discount. It later collected the full amount from insurers and other third-party payers. In bankruptcy court filings, DynaCorp said it had bought about $8.25 million worth of receivables from from Buckhannon's Neurological Services between July 1997 and early 2000.
DynaCorp alleged that Neurological Services sold them receivables at grossly inflated prices, billed for medical services not rendered and diverted bank proceeds and misdirected third-party payments.
Fraud and conspiracy.
Medical services not rendered as billed.
Diverted bank proceeds.
Receivables sold at grossly inflated prices.
Misdirected third-party payments.
Do you think Buckhannon might be at it again in Florida, with his mysterious Delaware corporation/Florida Foreign Limited Liability corporation...formed with the assistance of a Vero Beach realtor?
Come on, I was born at night...but not last night!