Deu, Here it is in notepad format. I couldn't find a way to put it into a word document. It's all there though.
Robert S. Mueller III
July 11, 2005
Page 1
July 11, 2005
Robert S. Mueller III
Director
Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Avenue, NW
Washington, DC 20535-0001
Dear Director Mueller:
On behalf of its members and itself, the American Hospital Association (AHA) is
requesting that the Federal Bureau of Investigation (FBI) immediately undertake a
thorough and complete investigation of the activities and statements of Bill Lovern and
TMA International Trusts, the purported international company of which Mr. Lovern
states he is vice chairman. Mr. Lovern/TMA International Trusts have engaged in
threatening and harassing behavior toward hospitals across the country over a period of
several months. Mr. Lovern has sent demand letters to and made e-mail and telephone
contacts with hospitals in which he offers to forgo bringing False Claims Act (FCA) and
Racketeer Influenced and Corrupt Organizations (RICO) litigation in exchange for
payment of large sums of money. To respond to these written, e-mail and telephonic
threats, hospitals and their trade associations nationwide have been forced to devote
substantial time and resources. In addition, the threats have taken an emotional toll on
many hospital and association staff.
The conduct of Mr. Lovern is so egregious that we believe it should be criminally
prosecuted. Indeed, we note that Mr. Lovern has two prior criminal convictions for
making threats and has engaged in similar harassment campaigns against other industries
and corporations. We therefore request that the FBI fully investigate Mr. Loverns
conduct and make all appropriate referrals for subsequent prosecution, including possibly
for extortion.
The AHA began receiving telephone calls and e-mails regarding Mr. Loverns threats to
its members in May 2005. Individual hospitals and state hospital associations have told
us that Mr. Lovern had written to and/or called them over a period of several months. In
addition, the AHA and its outside counsel have been contacted directly by Mr. Lovern
Robert S. Mueller III
July 11, 2005
Page 2
many times. We will be happy to provide a detailed chronology and description of the
various contacts by Mr. Lovern at your request. In order to provide a basis for
immediately opening an investigation, however, we are attaching copies of (1) a demand
letter from Mr. Lovern, (2) proposed settlement terms, including dollar amounts, sent to a
hospital and state hospital association by Mr. Lovern and (3) several press releases
from his purported company. (The press releases also can be found on the TMA
International Trusts Web site:
www.tmaittma.com/.) We also would be happy to have inhouse
and outside counsel for the AHA speak with someone on your staff to answer any
questions or provide additional information.
A review of the correspondence from Mr. Lovern shows that it contains a series of
baseless allegations. His convoluted, attenuated and totally flawed theory is based on the
notion that hospitals are providing state Medicaid application forms to patients that do
not contain necessary disclosures regarding the collection and use of Social Security
numbers. He then incorrectly asserts that this results in hospitals violating the Medicare
rules regarding patient privacy rights and the FCA.
We are confident that there is no validity to any of Mr. Loverns allegations and have so
advised our members. Nevertheless, it has cost us and individual hospitals valuable time
and money to evaluate his contentions and make that determination. This time and
money could have been much better spent on such things as patient care.
Mr. Lovern continues to make contact with hospitals around the country. Just last Friday,
he called a hospital system in Washington state threatening loss of Medicare
accreditation. He has been making various threats against this hospital system for more
than two months. We would like to ensure that Mr. Lovern is stopped from making such
threats in the future since some hospitals will waste valuable time and resources making
an independent determination regarding the validity of Mr. Loverns allegations. In
addition, individuals who take Mr. Loverns calls continue to feel harassed and anxious.
We discussed this matter last week with lawyers for the Department of Justice, who
suggested that we refer it to the FBI for investigation. We understand that there may
have been prior requests, at the local level, for an FBI investigation, but are not aware
that any investigation has been undertaken or any referral made for prosecution. In any
event, we believe that Mr. Loverns conduct which is national in scope merits
attention at the national level. Therefore, we are directing this request to you.
As previously mentioned, Mr. Lovern has at least two prior criminal convictions. One
was a federal conviction for threatening an agent of the Internal Revenue Service. We
also have learned that Mr. Lovern was convicted last month in Anne Arundel County,
Maryland of two counts of telephone misuse (the use of telephone facilities and
equipment for repeated calls, with intent to annoy, abuse, torment, harass and embarrass)
and there is a sentencing hearing scheduled for him late in July. These convictions
Robert S. Mueller III
July 11, 2005
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demonstrate that Mr. Loverns actions are not harmless, but rather pose a menace that
merits prosecution.
Please advise us of your response to this request and let us know if there is additional
information we can provide. For additional information, feel free to contact Melinda R.
Hatton, vice president and chief Washington counsel, at (202) 626-2336. Thank you for
your attention to this matter.
Sincerely,
/s/
Richard J. Pollack
Executive Vice President
Attachments
cc: Alberto R. Gonzales, Attorney General
Robert S. Mueller III
July 11, 2005
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