I've been wondering how long it was going to be before 'New FORBA' (FORBA Holding, LLC, whose members are listed on the right sidebar of this blog) sued the hell out of 'Old FORBA' or as I call it, DeRose FORBA.
... I've said from the very beginning of my investigation, the DeRose's were still in this up to their eyeballs and now there is proof I don't care how many people they told that has sold it. They sold the assets, and continued to run and profit from the clinics to this very day.
It's all laid out right
here,
here, and
here, in a lawsuit file in Colorado Federal District Court, January 22, 2010.
I do find it odd, by looking at the case number (09-cv-02305)it appears to have been filed in 2009. Oh, I just noticed this particular document is an 'amended complaint' so this probably was originally filed last year. Yes, indeed it was filed on 9-28-2009.
Defendants:LICLAC, LLC
DD Marketing, Inc
DeRose Management, LLC
LICLACNY, LLC
Danny E. DeRose
Edward J. DeRose
Michael A. DeRose
Michael W. Roump
Richard B. Lane
William A. Mueller
Adolph R. Padula
Padula Famly Partnetship, LLLP
Relief New FORBA is asking the court to assess on DeRose FORBA:$50,000,000 for breach of contract
$50,000,000 for liable to FORBA Holding (New FORBA)
$50,000,000 for liable to FORBA Holding (New FORBA)
$50,000,000 for monetary damages FORBA Holding (New FORBA) and incurred
...and anything else they can get the judge or jury to hand over to their dirty little hands.
In my opinion, New FORBA (FORBA Holding) is just trying to cover their butts, by saying "it wasn't me"... but in all honesty, they (New FORBA) knew exactly what's been going on and for how long. These people found each other for a reason, ya know. Plus, Smith, Green, Cawood and Gardner are in this Keystone thing too.
Just saying, I don't think "New FORBA" has unclean hands", if ya know what I mean...
Man, this is odd, whose side should I take in this battle. Hmmm... 'New FORBA' is the one who sued me for spilling their dirty beans, yet those DeRoses make me wanna puke just to look at any of them... Gosh, this is hard... Shoot, I really need to send 'New FORBA' a HUGE bill for all the research I did for them...and laying down all the crumbs for them to follow.
Shoot,shoot, shoot...this is gonna be hard.
NOT!! I hope they both tear each other to shreds. But my main goal is for the doors to shut on all 69 of the torture chambers, they call dental clinics.
I'm just at page 19 of the Amended Complaint. I knew Dan DeRose looked like a slimball. I was right. In this complaint, I quote from page 12, paragraph 38.
"...instituted a 'contest' to encourage greater production by the dental centers..."
"personnel continued to have regular communications with the Lead Dentist and Office Manager in each of the Small Smiles Centers regarding production."
"...For example, defendant Michael Roump sent emails to Small Smiles Centers emphasizing that 'production per patient' should be an area to focus on with your dentists ...as we have discussed, our focus needs to be on increasing production per patient"
...personnel also ran a series of reports for Old FORBA's (speaking of FORBA, prior to sale) use in managing the Small Smiles Centers, including 'Dentist Efficiency Reports' and 'Dentist Daily Average Reports."
"Dan DeRose recognized the sensitivity of certain of these reports, denying the existence of these reports to Sanus and suggesting that such reports were the 'number one trigger point for fraud'.
Also thinking about that beautiful Ed and Neta DeRose football stadium built with blood money to honor the dishonorable DeRose's. Wow, it's gonna be hard to not pass this thing, and not think about all the children tortured and abused to line the pockets of the entire DeRose-Padula-Mueller-Roump families. Even the death of one of their tiny innocent patients didn't slow these guys down.
Page 25, paragraph 68 lays out what 'old FORBA' or as I call it 'DeRose FORBA', was supposed to do, in which clinics they were supposed to do it and what they failed to actually do.
I guess this is the section where 'New FORBA' points it's finger and cries, 'he did it' or it could be called the Obama defense. Ya know.. 'Bush Did It, It's Bush's fault, or 'I (we) inherited this'.....
Wow, I'm at paragraph 69 and low and behold there is mention of Dr. Robert Andru and Dr. Kenneth Knott and Toledo Ohio center dentist Dr. Swapna Kakarla. Here it mentions the 'falsification of the Credentials. Geez, I thought that 'New FORBA' did that one.
Paragraph 70 talks about all the expenses 'New FORBA' has incurred due to federal and state investigation, wonder if that includes the $60k attorney fees they said they racked up trying to shut me up? Hmm...
Evidently, New FORBA is saying DeRose FORBA didn't comply with accepted standards for charting. There must be an email from Richard Lane dated August 24, 2005 telling DeRose FORBA that 'poor charting will cause problems in the future'. Not only did DeRose FORBA not see to it that the charts were in good order, they didn't correct it, nor did they disclose to the poor innocent unwitting people of 'New FORBA'.
Looks like 'New FORBA' has a lot of 'DeRose FORBA' emails they've uncovered. Wonder why New FORBA is just now getting these emails. They speak of one, in the Complaint dated 12-29-2004 were Dan DeRose said the Atlanta center
"is a mess, a disappointment, a total disaster" and "I've looked the other way and allowed it to happen. Our employees don't care, our Dr's have no leadership and no professional conduct. Our Office Manager is a train wreck, immature little girl with a huge mouth. Our systems are not in place. Medical histories are not being signed, x-rays suck, referrals are being made daily that is not a FORBA clinic and no one to blame but myself... This email is not to be forwarded to anyone printted or duplicated in any way without my permission."
It also appears people in the DeRose FORBA camp warned of investigations in progress or that would be coming. It's stated in the complaint that Dr. William Mueller (who is a defendant in this case) warned of certain
"things we do which have caused concern on the part of parents, dental boards or media."
In this email, Dr. Mueller makes a list explaining the above statement:
1. Parents in the back
2. patients 'Immobilization'
3. use of 'Stainless steel crowns'
4. Amount of work done
I'm just wondering why New FORBA is just now getting their hands on these emails. I just can't buy what they are selling here. So if DeRose FORBA did all of this prior to the purchase of the assets by New FORBA, and DeRose FORBA continued doing business in this fashion and DeRose FORBA clearly knew it was either illegal or immoral, New FORBA wants us to buy, that they didn't know. Well, that is BS. They've been told just about on a daily biases for at least 3 years and they are just now upset about it!! C'mon! They just want the DeRose's to fork over the $24 million dollars New FORBA now owes the government. Todd Cruse worked for the DeRose FORBA and is right in the office everyday at the New FORBA!
Clearly New FORBA (FORBA Holding) who owns the dental clinics Small Smiles are trying to scrub their dirty grimy little hands. Amazing how this comes out just after they get nailed with the $24 million dollar settlement. What about last, year, the year before that, what about in 2007...New FORBA (FORBA Holding) didn't care then, and they damn well knew what was going on!
Any due diligence at all by the New FORBA would have revealed all the troubles of DeRose FORBA, Michael DeRose, Dan DeRose, Ed DeRose, Mark DeRose, William Mueller, Adolph Padula and more. Did they not know about 'google' in 2006?
They could have found out about Michael DeRose's nasty little business in North Carolina as far back as 2003!!!!!!! Stuart Watson at a Charlotte, NC TV station reported on this that far back!!!
By the time you get to paragraph 96 it's clear new FORBA has filed this just to present to the public their hands are clean and Small Smiles clinics are a safe and wonderful place now for children. They have to keep the income coming in, right? New FORBA want's to smell like the 'rose' they've presented themselves to be for year.
New FORBA (FORBA Holding) says they have incurred $1 million dollars in expenses responding to the state and local government inquiries. I would say it's $1,000,060,000.oo...lol
New FORBA also wants DeRose FORBA to pay them for the expenses they incurred in 2008 due to a civil RICO suit filed in Tucson, Arizona where a search warrant was executed. This suit was looking into thing that went down as far back and July and August 2004 to May 2005.
During the past 2 plus years I can't count the times I've said, "Oh, what a tangled web we weave, " well I'm saying it again.
update:
It appears this case has been dragging on and on and on and on. Motions galore. We are at doc 41 and the DeRose bunch, aka Old FORBA are just now filing a motion for an extension of time to file their Answer to New FORBA's complaint. A judge has even had to recuse herself due to socially knowing the defendants.
