2011 Annual Report - Virginia Attorney General

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2011 REPORT OF THE ATTORNEY GENERAL
robbery, where the defendant used a replica of a .45 caliber handgun that looked real
but had no firing pin (Startin); and the defendant told the robbery victim he had a gun,
even though she did not see a weapon, and the police later found only a toy gun
(Courtney) in the defendant’s car. The Court also affirmed the circuit court’s decision
in Reed v. Commonwealth to dismiss a motion to vacate, holding the absence of the
grand jury foreman’s signature on the indictments upon which the defendant was tried
and convicted was a defect in form only and did not render the indictments
unconstitutionally defective. In Turner v. Commonwealth, the Court affirmed the
ruling of the en banc Court of Appeals of Virginia and held a petitioner was not
entitled to a writ of actual innocence on his convictions for the first degree murder
and abduction with intent to defile because a rational trier of fact could have found
the evidence sufficient to convict Turner of abduction with intent to defile by
deception as well as the felony murder of the victim during the abduction.
Finally, the Section’s Capital Unit defended on appeal and against collateral attack
the convictions of persons sentenced to death under Virginia law. One death-row inmate
was executed in 2011. In Jackson v. Kelly, the United States District Court vacated
Jackson’s death sentence, imposed for his capital murder and rape of an elderly woman
in Williamsburg, after an extensive evidentiary hearing. Subsequently, the United States
Supreme Court was persuaded to deny Jackson a stay and certiorari review, and Jackson
was executed as scheduled. In Juniper v. Warden and Gray v. Warden, the Virginia
Supreme Court dismissed petitions for writs of habeas corpus challenging Juniper’s and
Gray’s capital murder convictions and death sentences from Norfolk and the City of
Richmond.
Health Care Fraud and Elder Abuse Section
The Health Care Fraud and Elder Abuse Section’s Medicaid Fraud Control Unit
(MFCU) investigates and prosecutes allegations of Medicaid fraud and elder abuse
and neglect in health care facilities. MFCU comprises of investigators, auditors,
analysts, computer specialists, attorneys, outreach workers and support staff. Over
the past 29 years, MFCU successfully prosecuted more than 276 providers in cases
involving patient abuse and neglect or fraudulent acts committed against the Virginia
Medicaid program. In addition to prosecuting those responsible for health care fraud
or abuse, the MFCU has recovered almost $800 million in court-ordered criminal
restitution, asset forfeiture, fines, penalties, civil judgments, and settlements.
MFCU has been seeing an increase in referrals as it continues to work with local
jurisdictions and agencies throughout the Commonwealth. Due to the increase in
referrals of fraud against the Virginia Medicaid program, the Virginia Attorney
General’s Office received permission last year from the United States Department of
Health and Human Services’ Office of Inspector General to increase MFCU’s staff by
25 positions. These new positions now bring the total MFCU positions to 83.
MFCU has expanded its outreach efforts to seniors, law enforcement and senior
citizen service providers. MFCU is now helping to inform the community on the
latest methods to effectively prevent and/or report elder abuse and provide an
additional resource for investigative referrals. MFCU’s Community Outreach
Coordinators in Richmond and Roanoke are establishing and strengthening program
partnerships between MFCU and community organizations, government agencies,
academic institutions and law enforcement personnel working with Virginia’s senior