What Does the Ruling MeanJohnson’s ruling is for the current case State of Florida vs. James Francis Kigar. The case surrounds a Boynton Beach treatment center operated by Kigar called Whole Life Recovery. Over the last two years, law enforcement officials in Palm Beach County have been investigating allegations of fraud, money laundering, kickbacks and patient brokering related to the center. Kigar is now facing a total of 95 counts linked to patient brokering and other relevant crimes. He has pleaded not guilty by stating he was unaware of Florida’s patient brokering laws. Kigar claims he was wrongly informed by his attorney to pay kickbacks for referrals. Judge Laura Johnson responded to this case with a controversial ruling. Johnson stated in a six-page order that, “A defendant may assert the advice of counsel defense when charged with violations of the Florida Patient Brokering statute.” She also ruled the prosecution must prove beyond a reasonable doubt the defendant was aware their actions were illegal. Judge Johnson’s ruling is based on a legal term called “mens rea,” which states a person must know what they’re doing is wrong to be charged with a crime. The ruling basically states the defendant must have intended to commit a crime. This is controversial because the issue of intent isn’t included in the current Florida Patient Brokering Act. Judge Johnson’s new standard could undo many prosecutions sought under David Aronberg. A defendant could escape criminal charges if they’re able to prove the crime was unintentional. The ruling may also drastically change the path of Kigar’s case, which was looking grim beforehand.
The Impact of Judge Johnson’s RulingJohnson’s ruling could tremendously affect David Aronberg’s Sober Homes Task Force. It may lead to a number of appeals and dismissals for previous patient brokering cases in the Palm Beach area. In addition, it may establish a new standard in how the State Attorney can prosecute future kickback cases involving drug treatment centers. Assistant State Attorney Justin Chapman plans to ask Judge Johnson to reconsider her decision. If she denies the request, Chapman may file an appeal with the Fourth District Court. However, there’s been no word of that from the State Attorney’s Office. Many are hoping the appellate court will untangle Johnson’s ruling to decide the fate of future patient-brokering cases. If Judge Johnson retains her ruling, prosecutors will have a much harder time convicting a person of patient brokering. People who have taken bad advice or were unaware of Florida’s patient-brokering laws will not be legally punished for the crime.
This blog was last updated on March 6th, 2019.