—- As Texas Court Indicts 21 Nurses
IPNEWS: Yesterday, four panelists of the famous ‘Spoon Talk’, resigned from their respective roles, sparking misgivings among Liberians in the diaspora especially the Chief Executive Officer, Stanton Witherspoon.
A close ally of Witherspoon, former Deputy Information Minister, Eugene L. Fahngon blasted the move by the four former panelists terming it a miscarriage of justice and conscience’.
He vowed not to leave the show citing various reasons.
On the heels of Fahngon’s protestation, Stanton Witherspoon was formally indicted by a federal judge in the Southern District of Florida in the U.S. along with co-conspirators Alfred Sellu and Rene Bernadel in Florida.
The Federal Judge has set a criminal jury trial date as of April 10, 2023, or even earlier, as the case is expected to be called in CASE NO: 23-60005–CR-SMITH.
African Star reports that a Calendar Call in the matter is scheduled for April 4, 2023. Per court rules, government prosecutors and the defense counsels have been requested, prior to the Calendar Call to provide pre-trial motions and responses to the Standing Discovery Order, proposed jury instructions, and a proposed list of witnesses and or exhibits they wish to present at trial.
Witherspoon and co-conspirators were indicted by a Grand Jury on January 12, 2023, in southern Florida on one (1) charge of Conspiracy to Commit Wire Fraud and nine (9) counts of Wire Fraud in what is now been widely known as the “Nursing Fraud Scandal where fake nursing transcripts and diplomas were allegedly sold to some 7,600 persons.
The Grand Jury alleges in Counts 2-9 of the charge of Wire Fraud that, “…From at least as early as in or around November 2018, and continuing through in or around October of 2021, in Broward County, in the Southern District of Florida, and elsewhere, the defendants did knowingly and willfully and with the intent to defraud, devise and intend to devise a scheme and artifice to defraud and for obtaining and property by means of materially false and fraudulent pretenses, representations, and promises, knowing the pretenses, representations were false and fraudulent when made, and for the purpose of executing the scheme and artifice, did knowingly transmit and cause to be transmitted by means of wire communication in interstate and foreign commerce, certain writings, signs, signals, pictures and sounds in violation of Title 18, United States Code, Section 1343…”
On Thursday, February 16, 2023, the Government through the office of the Assistant U.S. Attorney in Southern Florida filed A Response To a Standing Discovery Order which is required by the Court and encumbers the Government to turn over any evidence it may have discovered in its case against Witherspoon and his co-defendants.
According to the U.S. Attorney’s office, it is not aware of any written statements by the defendants and none of them testified before the Grand Jury.
The U.S. Government in its Response, however, said it will provide the defense counsel with “recordings of any oral statements made by the defendant to law enforcement officials in response to interrogation, books, papers, documents, photographs, tangible objects, buildings or places which the Government intends to use as evidence at trial to prove its case in chief…”
Defense counsel was invited to view the evidence at an FBI facility in Florida.
The U.S. Government also indicated in its Response filing that it would to the defense counsel corporate records, financial records, photos of the defendants, report of a recorded interview with co-defendant Alfred Sellu, undercover recordings, and Florida Department of Education and Board of Nursing records. The defense counsel of the accused was requested to obtain additional records from the Government such as search warrants, and phone and computer records.
“…E. The Government will disclose any prior convictions of any alleged co-conspirator, accomplice, or information who will testify for the Government at trial.
- The defendant was identified in a line, show-up, photo spread, or similar identification proceedings, a copy of which will be provided to counsel.
- The Government has advised its agents and officers involved in this case to preserve all rough notes…” the U.S. Attorney’s Office said in its Court filing.
The U.S. Attorney is also demanding the turnover of Reciprocal Discovery from the defense counsels of Witherspoon and others in keeping with Federal Rules of Criminal Procedures. There has been no Response filed yet from the Defense counsel.
As all this is happening, Africa Star reports that the Texas Board of Nursing (BON) has filed Formal Charges against 21 nurses for fraudulently obtaining educational credentials.
According to the Texas Board of Nursing, “…The Board is authorized to file Formal Charges against a nurse if probable cause exists that the nurse has committed an act listed in Tex. Occ. Code §301.452(b) or that violates other laws. See Tex. Occ. Code §301.458. Further, Formal Charges are publicly available. See Tex. Occ. Code §301.466(b). Please note that Formal Charges are not a final disciplinary action, and a nurse is permitted to work, as a nurse, while Formal Charges are pending…” According to the Texas Occupations Code, Section 301.466
(a)A complaint and investigation concerning a nurse under this subchapter, all information and material compiled by the board in connection with the complaint and investigation, and the information described by Subsection (d) are:
(1)confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code; and
(2)not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to anyone other than the board or a board employee or agent involved in license holder discipline.
(b) Notwithstanding Subsection (a), information regarding a complaint and an investigation may be disclosed to:
(1) a person involved with the board in a disciplinary action against the nurse;
(2)a nursing licensing or disciplinary board in another jurisdiction;
(3) a peer assistance program approved by the board under Chapter 467 (Peer Assistance Programs), Health and Safety Code;
(4) a law enforcement agency; or
(5) a person engaged in bona fide research, if all information identifying a specific individual has been deleted.
(c) The filing of formal charges against a nurse by the board, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Chapter 552 (Public Information), Government Code.
(d) Notwithstanding Subsection (c), if the board orders a nurse to participate in a peer assistance program approved by the board under Section 467.003 (Programs), Health and Safety Code, the complaint, filing of formal charges, nature of those charges, final board order, and disciplinary proceedings are subject to disclosure:
(1) only to the same extent as information regarding a complaint is subject to disclosure under Subsection (b); or
(2) in a subsequent matter relating to the board order or a subsequent violation of this chapter or a board rule.”
African Star cannot confirm that the 21 Nigerian sounding names are all Nigerian nurses based in Texas and is withholding publication of the actual names except their license numbers.
According to the Texas Board of Nursing, the list will be updated continuously as the Board receives additional information about the fraudulent diploma/transcript scheme.
A Liberian Certified Nursing Assistant (CNA) and businessman Stanton Witherspoon has been indicted by a federal grand jury in southern Florida and accused along with his co-conspirators of orchestrating the scheme. U.S. law enforcement conducted a multi-year criminal investigation that allegedly uncovered the fraudulent sale of nursing diplomas and transcripts.
The accused have all pleaded “not guilty” to charges of Conspiracy to Commit Wire Fraud and Wire Fraud and are scheduled to go to trial in April.
U.S. Prosecutors are seeking a 20-year jail term if the accused are convicted along with forfeiture of properties which the U.S. Government has identified in New Jersey, Georgia, and Florida. About 7600 fake nursing documents were allegedly sold by the fraudsters.
State authorities in Arizona Washington State, Nebraska, Delaware, and others have opened investigations into those allegedly involved in their states.
