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Frederick Mason Morgan Jr.

Frederick Morgan’s Answers

33 total

  • Is it legal malpractice if your attorney files your case in the wrong court?

    The case was filed in county court one and a half years ago, against an uninsured "litigation proof" nursing home for wrongful death and should have been a Federal Qui Tam False Claims Act matter. The elderly patient had advanced Alzheimer's Dis...

    Frederick’s Answer

    If you hired the lawyer to bring a qui tam case and she did not, then you have every reason to question the attorney's judgment and conduct. If you have evidence of 515 Medicare PT billings in 180 days--3x/daily--then there is certainly reason to review it as a False Claims Act matter. The saving grace, however, may be that the statute of limitations under the False Claims Act is six years, so if the conduct occurred not too long before the case filed in county court, you may still be able to bring a False Claims Act case. There are many skilled qui tam lawyers in Chicago and elsewhere, and most FCA lawyers do not limit their practice by geography. You might consider discussing your situation with an experienced specialist.

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  • Did my dentist just commit billing fraud?

    I requested a refund from my dentist after waiting six months for a properly-fitting appliance. His office manager emailed me a fee breakdown citing and charging me for 5 office visits. I have only had 3 office visits, one of which I wouldn't have...

    Frederick’s Answer

    If you are insured through Medicaid or another publicly-funded health care program, then it would violate program rules if there was over-billing. Regardless, you should ask for an explanation, and if it appears not to be a simple mistake, you should contact your insurance plan if you have one, and if Medicaid footed the bill, you might consider a call to the state Medicaid hotline.

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  • Can someone be accused for check fraud if it was 10 years ago?

    If you write a check with no backup 10 years ago, you can be accused now?

    Frederick’s Answer

    Probably not. A Google search shows that Wisconsin's general fraud statute of limitations is six years. However, it is sometimes the case that if a potential defendant has been out of the state of country for some period of time, that can affect the limitations period. If this is more than a casual question and a substantial sum is at issue, you should consult with a Wisconsin lawyer.

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  • Can I file for an extension on a Notice of Appeal?

    I missed my filing date for my notice of appeal by 4 days. Can I ask for an extension, or do I wait until it is denied and then file for a reconsideration? Thank you!

    Frederick’s Answer

    In many, if not all, jurisdictions, the time limit for a notice of appeal is considered "jurisdictional," meaning that it cannot be extended and failure to comply with it will result in the dismissal of any late-filed appeal. The "California courts" website says this: "Make sure you meet your deadlines. You cannot ask for more time to file your notice of appeal. If your notice of appeal is late, your appeal will be dismissed." If you are serious about attempting to find a way out of this problem you should involve a lawyer immediately. Good luck.

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  • Is this grounds for a bar complaint?

    The lawyer who represented my out of wedlocks daughters mother in paternity and child support formed a business with the mother. Several child support checks have been deposited in the business they own together. This strikes me as well--wrong ...

    Frederick’s Answer

    In general, bar associations are troubled by attorneys being in business with clients. However, those complaints typically arise where there is a conflict between the lawyer and the client and the client alleges that she was taken advantage of by the lawyer's superior knowledge. As to the child support checks, the point is that you meet your obligations; if there is a business which is paying a salary to the mother, for example, then there may be no problem with the money being deposited into one account or another. Your state or local bar may have a "hotline" that you can call, but at first blush, these issues are not the basis for a claim by you that the lawyer is acting unethically.

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  • What is the punishment for food stamps fraud for over $1 million in rhode island?

    the max punishment?

    Frederick’s Answer

    I assume that you're not asking about an individual having committed a $1 million food-stamp fraud (what would that be, 40 years worth of food stamps?), but a store or chain of stores doing something illegal in terms of participation in the program. If that is so, and you have actual, detailed knowledge of the fraud, you may wish to talk to an attorney about a case under the False Claims Act, which allows a private citizen to bring fraud to the government's attention and receive a reward if there is a recovery.

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  • Can i be sued fr faking my experience?

    I faked my experience to get the job in a well known comany for one of their projects... now i have a offer for another project for the same company but through different employer as a contractor...Can this company sue me now if they find out that...

    Frederick’s Answer

    The company certainly can fire you. While it probably could sue you for fraud, it would almost never be worth their while to do so. They probably also could refuse to have you work on their project. If your concern is that unless you keep lying, they will find you out, you should seek advice from an employment lawyer in your state in terms of the consequences. You're squarely in a "tangled web"--I hope you find a way out which will allow you to sleep at night. Good luck.

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  • Should I file Motion to Vacate Judgment in original Superior Court or in Court of Appeals where already filed Notice of Appeal?

    After I was ordered to pay $20k in attorney's fees to the Petitioner as a sanction for being in civil contempt while in family court, I filed for Chapter 7 bankruptcy and received a discharge. I also started an appeal of the judgment and still ha...

    Frederick’s Answer

    Filing a notice of appeal generally deprives the trial court of jurisdiction over the case. You are in a serious procedural situation and should have a lawyer involved. Really.

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  • Would the following details be considered TANF fraud?

    If the non-custodial parent only has the child for three overnights out of every fourteen would they still qualify for the TANF program? She is unemployed, thousands behind in child support, and currently undergoing court-ordered substance abuse ...

    Frederick’s Answer

    This is a hot-button question which should be posed, if it should be posed at all, to Michigan Medicaid. The point of TANF is to provide assistance to kids, and the state will want that to happen if necessary. But there is undoubtedly an eligibility formula and being on the wrong side of that is a very bad idea. Is your goal to rat out a parent to gain advantage in a custody fight over your own children, or are you focused on the effect of a possible abuse? If the former . . . think twice, and then think again. If the latter . . . Google "Michigan Medicaid Fraud," review the complaint form, and decide if you want to submit it.

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  • My attorney has withdrawn from my case and is trying to make me pay to get my case file from her Is this legal?

    I am in Tacoma, Wa and have a family law case going on. My attorney has withdrawn from my case do to I am out of money and I have requsted a copy of my case file do to I must proceed alone..I am being told that it is their office policy to charge...

    Frederick’s Answer

    There are a couple of questions here. First, lawyers are generally entitled to charge a reasonable amount for administrative services, and a dime a page is probably not unreasonable. However. You are entitled to your file, and if they want to keep a copy they can do so but may not be entitled to charge you for it. But here's the point. You hired the lawyer, and you agreed to pay her fees. How much can the copies be? If you came to me for advice, that advice would be to enter into an agreement to pay what and when you can, and make clear that you need the file to go forward--but that you will do your best to pay what you owe. And then . . . KEEP that agreement, even if the lawyer gives you the file.

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