Who is Small Smiles Dental Chief Restructuring Officer?

So who is Martin McGahan, Church Street Health Management’s Chief Restructuring Officer?  Well he’s a director with Alvarez and Marsal – Private Equity Services and more. 

Here is Mr. McGahan’s bio from their webstie.

Martin McGahan
Managing Director

Email Martin McGahan

Martin McGahan is a Managing Director with Alvarez & Marsal Healthcare Industry Group in Atlanta. He brings more than 15 years of healthcare operations and finance experience to the firm.

Mr. McGahan works with healthcare organizations to drive operational and financial performance improvement. In addition, his expertise in corporate finance, restructuring and the raising of capital-including public, private sources of both debt and equity-enables his clients to strategically re-engineer their balance sheets for long-term stability and growth.

Mr. McGahan is presently advising several companies in both the healthcare services and pharmaceutical / bio-technology industries. He is currently serving as Restructuring Advisor to a major provider of Assisted Living Facilities and Senior Housing. He is also advising a Clinical Research Organization on operational restructuring and capitalization alternatives.

Waller Lansden received retainer payments from Church Street Health Management totaling $400,000 between September 28, 2011, and February 17 of this year.

Read at AM Law Daily

Church Street Health Management

The embattled operator of roughly 70 Small Smiles dental centers in 22 states filed for bankruptcy in Nashville on February 20, listing assets of $895.3 million against liabilities of $303.4 million, according to Bloomberg.

Several years ago, an ABC News investigation accused Small Smiles of mistreating children, something the company vehemently denied. But Small Smiles did reach an agreement with the Justice Department in 2009 to pay $24 million over five years to settle charges that it had billed Medicaid for unnecessary dental procedures performed on low-income children, according to the Nashville Business Journal.

Bankruptcy court filings by Nashville-based Church Street Health Management, the parent company for Small Smiles, show that Waller Lansden Dortch & Davis chair John Tishler ($550 per hour), corporate partner Don Moody ($450), and restructuring partner Kathleen Stenberg ($370) are representing the company in its Chapter 11 case.

Waller Lansden partners are billing between $290 and $600 per hour, of counsel between $150 and $650, and associates between $190 and $335, according to court records, which note that the firm has represented Church Street since 2006 and is thus familiar with the company's operations.

Church Street Health Management: Forced into money laundering because of religious reasons? WTH!

On page 4 of Affidavit of Martin McGahan he starts in about the Sharia Law practices of the Bahrainian billionaire banker and it basically says, we had to set up dummy corporations to operate these dental clinics and dummy corporations to run the money through because of religious beliefs!  OMG!

It’s also interesting I might add, that the very law firm who advised that this scam was completely legit is representing them in the bankruptcy.  Wonder whose interest has their top priority.  Just saying… 

Waller – Lansden

This basically comes down to:

A bunch of us shady people got together, found a couple of bankers, the Caryle Group and a Bahrainian billionaire, gave the DeRose family $435 million to get out of the sandbox and let them in for a while.  They tortured hundreds of thousands of children, raided our Medicaid system, and ran up huge bills at various supply companies and law firms. They got caught,and fined and monitored. That cut down on the “take” from Medicaid. Seeing declining profits they scrapped out as much cash as possible thru compensation and leaving creditors hanging, the taxpayer raped and are telling a court in Tennessee that it was their religious beliefs that cause this to happen. PLUS, they want to buy their own company back through more dummy corporations, but not pay their creditors, continue raping the taxpayer and torturing children saying it’s in the best interest of the the children to let them continue raiding the Medicaid coffers. 

I about flipped out when Martin tried to say the business plan was good!  He more or less blamed it on owning the $24 million in settlement with the US Government.  Not sure how he figured that since they’ve only paid back $9M in the last two plus years!!!

WTF!

Comment: MDavis

Again, I'm back to what's really demonstrated in the McGahan Affidavit.

Seemingly, there's a united front of the true owners of CSHM, The Carlyle Group, Arcapita Bank, & American Capital, masking themselves as First Lien Creditors. This powerful Troika shouldn't hold together, because of very diverse interests.

Firstly, Arcapita Bank's Annual Report goes on for page after page, about their corporate ethics & compliance w/ strict Shari'ah Code. Well, since they can't lend money as a creditor & collect interest, they are an OWNER. They bought equity in CSHM. They will be a prime target of Creditors. But, who got Arcapita Bank into this scheme?

Examining the types of businesses Arcapita Bank invests in, those involved w/ swindles of government money aren't too much there. Ahhh... but let's look at The Carlyle Group. Yes, the very same Carlyle Group w/ heroic founder David Rubenstein, who gives so generously. Yes, the same Carlyle Group which "assisted" the government of Abu Dhabi buy into their investments w/ Mubadala Development Company, which one might assume to be Compliant w/ Shari'ah Code. LOL!

The Carlyle Group seeingly loves government money. Yes, Medicaid money from CSHM (d/b/a Small Smiles). Medicare money from HCR Manor Care and Heartland Nursing Homes. And even, state pension money from the NY State Common Retirement System. Unfortunately, these issues all surround alleged fraud & abuse of government Taxpayer money. They also surround multiple civil malpractice actions. Well, at least persons w/in The Carlyle Group are well-connected in Washington circles, to run political & legal cover. This fact alone must have appealed to American Capital & Arcapita Bank.

So, in the most recent Annual Report of American Capital, they reported an elevated equity share in CSHM. Who motivated American Capital to assume this additional risk, w/ a company (CSHM), which had Compliance problems w/ the USIG's Office, and a laundry list of legal problems. Gee, do I again smell The Carlyle Group?

Investors in CSHM got hoodwinked, by other Investors. So no, I doubt this Troika will hold. Besides, certain Parties like Todd Cruse and Dan DeRose have a history of talking to the Feds, as evidenced in the John Ford (Mister 15%- because of his skim of government projects in TN) Federal Case.

So, who is gonna talk to the Feds first, and talk about what, in exchange for what?
Michael W Davis, DDS

Maybe Small Smiles Dental Center “Owners” Should-Sell-Sell-Sell

Dentists who supposedly own the 67 Small Smiles dental centers that Church Street Health Management says they personally don’t own, could just start selling off your assets, right?.

In the Church Street Health Management-Small Smiles Dental Chapter 11 Bankruptcy filings Martin McGahan, in a sworn Affidavit, stated:

“The dental centers are owned by licensed dentist” (p.2)

He further states CSHM simply:

“…provide “dental practice management services” to 67 dental centers serving low income and underprivileged families in 22 states…”(p1) and have, ..“As of the Petition Date, the Debtors, through EEHC, Inc. (“EEHC”) had
approximately 72 full-time, 2 part-time, and 2 “as needed” employees (collectively, the  “Employees”).” (p.3)

I suppose you owners could find another company to do your payroll and other bookkeeping, since Church Street Health Management is a bit pricey:

Kool Smiles facing claims of alleged mistreatment, excessive...

Not a good week for interstate corporate Medicaid dental mills is it?

Kool Smiles facing claims of alleged mistreatment, excessive... | www.kfoxtv.com

Church Street Health Management-Small Smiles Dental Centers Chapter 11 Bankruptcy “Potential Parties In Interest” List - Who They Owe

I’m thinking this list is the very very short list and will grow!!

Church Street Health Management Chapter 11 Bankruptcy

List of Potential Parties In Interest
[Doc-19-3]

ACAS Equity Holdings Corp.

Adventure 3 Properties, LP

Advocate Networks, LLC

AlA Limited

Al Smith

Can a criminal organization file Chapter 11 Bankruptcy

Morgan Joseph TriArtisan LLC has been hired by Church Street Health Management to oversee the sale of assets it claims to not own-referred to herein as “mystery assets”- remember, CSHM has always maintained it is simply a management company hired by independently owned Small Smiles dental centers to “manage” the day to day operations. LIE LIE LIE

In the Affidavit of Martin McGahan, he lied like a dog on page 2. The dental centers are NOT owned by individual dentists and CSHM has admitted as much.

CSHM will pay Morgan Joseph-referred to as “Investment Banker”-$75,000 a month, plus expenses, to provide financial advice, assist in capital raising,  and/or the sale, of CSHM’s “mystery assets”.  This should be fun to watch!

I’m thinking that is far from a fair fee; David Copperfield demands much more to perform magic tricks.

I believe the last company to assisted in the sale of this illegal operation (the DeRose’s sale to Arcaptia and the Nashville crooks) failed to do their due diligence.

Here is an excerpt from the Retention Agreement between CSHM and Morgan Joseph- (link to the full agreement at the end)

[FYI-employees weren’t told until this morning. But told there was nothing to worry about, money would be coming soon. LMAO! ]

Church Street Health Management Files for Bankruptcy With Plan for Sale - Bloomberg

I’m not really a betting person, but I’m guessing, the Small Smiles at Church Street Health Management are now down to wee little bitty smiles.  No, I’m sure they are down right frowns and have been for a while now. 
Want to take a guess where there is a ‘Big Smile” ? 
Maybe Interstate corporate dentistry is NOT exactly the investment Private Equity firms think it is! 
Read on…  documents related to the case at the end.
Church Street Health Management Files for Bankruptcy With Plan for Sale – Bloomberg
Church Street Health Management LLC and four affiliates, providers of management services to 67 dental centers, filed for bankruptcy as part of a plan to sell the businesses.
The companies had assets valued at $895.3 million and debt of $303.4 million, according to Chapter 11 documents filed yesterday in U.S. Bankruptcy Court in Nashville, Tennessee, where Church Street is based.
A sale in bankruptcy is the “best option to maximize the value of the assets for stakeholders and to safeguard the welfare of the patients,” Martin McGahan, Church Street’s chief restructuring officer, said in court papers.
Affiliates Small Smiles Holding Co., Forba NY LLC, EEHC Inc. and Forba Services Inc. also sought court protection from creditors. Small Smiles is the parent of a group of companies that provide management services to dental centers serving low- income families in 22 states.

Documents Related to Small Smiles Dental Center’s Chapter 11 Bankruptcy

• Top 20 Creditors
• Affidavit of Martin McGahan –Chief Restructuring Officer of CSHM (45 pages)
• Debtor In-Possession Credit Agreement (92 pages)
• Cash Flow Forecast
• Consolidation of Case Motion

 

Some of the highlights of the Top 20 Creditors are:

Creditor	Amount Owed
US Govt toward $24 settlement	$10,714,233.36
Michael G. Lindley	$859,955.27
Alfred J. Smith	$674,545.81
Henry Schein, Inc	$568,478.11
Shary Retail, Inc,	$542,125.00
Seeway Asst Mngt	$326,162.00
Shearman and Sterling, LLP	$310,700.20

So, has this captured the attention of the other Interstate children Medicaid dental mills?  You bet!  Visitors to this site today come from several other corporate mills, including Ocean Dental out of Stillwater, OK. 

Comment MDavis:

Yes, the Affidavit of Martin McGahan is particularly troubling in its veracity, or lack there of.

"In many cases, SSHC or CSHM has guaranteed the dental centers’ performance under those leases or assumed obligations under existing guarantees." That is the action of an OWNER, not a distanced management service organization (MSO).

On page 2, "The dental centers are owned by licensed dentists." Sorry, that simply doesn't pass the smell test either. These bogus figurehead dentists were paid an addition sum, to pose as "Owners" for State Regulatory Boards. We also realize from Case Law in Orthodontic Centers of America, Inc No. 07-30430 (Fifth Circuit (Texas) 12-30-2008) that the Court found these typical management services (from MSOs) constituted the practice of dentistry.

On page 3, "The Debtors do not own any real property." Even if the real estate is leased, the dental equipment has a tangible value, and dental equipment doesn't come cheap. This dental equipment is no longer owned by the former owner "Old FORBA" (the DeRose, et.al. group). The bogus "Lead Dentists" don't own it. It's an asset of value to Creditors.

On page 4, there is mention of Shari'ah Law. This was to conform w/ the investment of Arcapita Bank. Well guess what? Under Shari'ah Codes one can't make loans, and generate profits though interest payments. An investment banking firm, i.e. Arcapita Bank, may buy into a business, then later sell off the business, hopefully generating a profit. This makes the Party buying in, a Partner in the business. They share risks, liabilities, & potential profits. So, we're now talking about potential fiscal liabilities of Partner, Arcapita Bank, and not simply CSHM.

Page 4 & 5 get more into the "dance" of compliance w/ Shari'ah Codes. Ever read the Annual Report of Arcapita Bank, & the pages directed to their strict compliance w/ Shari'ah Codes? It certainly looks like they go to lengths, to avoid issues which they seemingly hold highly ethical. Does it break w/ Shari'ah Code to be involved in business, which harms small children & defrauds the taxpayer? Heck, just read the Release of the US Justice Department, w/ the $24 Mil Settlement.

Page 7 gets into who they want to establish as First Lien. In other words, CSHM goes bankrupt, and the real owners, the investment bankers of Arcapita Bank, The Carlyle Group, and American Capital are first in line to collect. That doesn't pass the smell test either. Do you believe a Bankruptcy Court would buy into that? Representatives of these Investment Companies openly sat & served on the Board of CSHM. They were involved in business decision making, or were positioned to do so, even if they attempt to pass the responsibility.

Page 10 "The Company is party to a Management Services Agreement (“MSA”) with each dental center for which the Company provides management services (collectively the“Dental Centers”). Pursuant to each MSA, the Company provides the Dental Centers with management services such as billing and collection, bookkeeping, accounting and tax services,dentist and staff recruitment, payroll services, human resources, information technology support,equipment and supplies procurement, leasing, repairs and capital improvements, and assistance with compliance, legal issues, governmental affairs, and licensing and permitting. In exchange for providing these services to the Dental Centers, the Company receives a management fee from which it funds its operations." This is all the activity of Practice of Dentistry, and OWNER of a Dental Practice. “Dental Centers”). Pursuant to each MSA, the Company provides the Dental Centers with management services such as billing and collection, bookkeeping, accounting and tax services, dentist and staff recruitment, payroll services, human resources, information technology support,equipment and supplies procurement, leasing, repairs and capital improvements, and assistance with compliance, legal issues, governmental affairs, and licensing and permitting. In exchange f r providing these services to the Dental Centers, the Company receives a management fee from which it funds its operations." This is all the activity of Practice of Dentistry, and OWNER of a Dental Practice. They spell it out, in attempt to circumvent reality.
More later.

The attorneys will have fun over this nonsense.
Michael W Davis, DDS

 

Comment Debbie:

Just think, there is 35 more pages of this BS for this document. Ole Martin failed to mention, at least so far as I’ve gotten through this, that it’s management services are in exchange for 100% of the profits, and we give the owners of the clinics a flat fee of $1250 for each clinic!  It’s that just a upside down and backassward way of saying, we own and operate dental centers and the dentists are our employees! Guess, the word management has taken on an all new meaning….  No, I just mange that car in the driveway for the bank.  Yep, that works for me if any liability issues were to come up.  LOL

Comment: MDavis

If I were a Creditor, I'd also do serious background check into real estate assets, especially the early clinics established in CO, NM, & AZ, by the DeRoses. I would not assume, at face value, all the real estate is leased. It may be leased through yet another dummy corporation, of The Carlyle Group, Arcapita Bank, & American Capital.

Yes, this takes the effort of going to County Records & Deeds. Anyone familiar w/ this blog will soon recognize certain names & titles, to have an eye open for.
In my time, I've met certain Judges, who've presided over Federal Bankruptcy Court. IMHO- they won't broker liars or BS. And, they've seen every scheme in the book. They've got a HUGE case workload, and have no time for manipulators & cheats.

The Martin McGahan Affidavit is a HUGE risk, by The Carlyle Group, Arcapita Group, & American Capital. If right from the get-go, these parties appear the schemers, which they are, the Judge is likely to get POed. And believe me, one doesn't want to be on the wrong side of a POed Federal Judge.
Michael W Davis, DDS

Dr. Todd Bjur–Savannah Fake Dental Center Owner

Nothing brings me greater pleasure much more than when Church Street Heath Management puts one of their "fake owner" dentists on TV. I dare someone to ask him if he really owns his Small Smiles dental clinic and if he practices dentistry with the patients interest in mind, or Arcapita Bank's best interest in mind.

According to documents filed with the Georgia Secretary of State, Dr. William Nash, DDS is the CEO, Dr. Danial Spears, DDS is CFO and Dr. Todd Bjur is Secretary.  In reality none of these guys own this clinic or any other in Georgia but receive $1250 each pay period for allowing his name to be used on state business forms.  Forms, likely he didn't even sign but were rubber stamped with his signature.  He and Dr. Danial Spears were both paid this amount. It's a mystery why Dr. William Nash would put his name on these documents



Watch this at WSAV Savannah GA