Dr. Roy Shelburne reported to the Manchester Federal Prison Camp on Wednesday, August 2o, 2008. Please continue to remember him and his family during this time.
He can receive mail at:
Roy Silas Shelburne
12355084
FPC Manchester
PO Box 4000
Manchester, KY 40962
Monday, September 29, 2008
Saturday, August 2, 2008
August 1, 2008
Roy Silas Shelburne has been designated to the following facility:
FCI Manchester
Manchester, Ky 40962
Report date:
August 20, 2008
FCI Manchester
Manchester, Ky 40962
Report date:
August 20, 2008
Wednesday, July 23, 2008
JULY 22, 2008
UPDATED NEWS:Text size: small medium large
By Daniel GilbertReporter / Bristol Herald CourierPublished: July 22, 2008
ABINGDON, Va. – A U.S. attorney is appealing a federal district court judge’s decision to vacate a dentist’s convictions for money laundering, setting up a legal battle over a federal statute that was recently interpreted by the U.S. Supreme Court.
A notice of appeal has been filed in the U.S. Court of Appeals for the Fourth Circuit. The appeal from Acting U.S. Attorney Julia C. Dudley indicates the government is pushing back against an ambiguous Supreme Court decision that in some money laundering cases holds prosecutors to a higher burden of proof.
A jury in March convicted Lee County, Va., dentist Roy Shelburne on seven counts of money laundering, but Judge James P. Jones set aside the convictions following the high court’s June 2 decision. Shelburne was sentenced earlier this month to two years in prison and fined for racketeering, health care fraud and structuring a financial transaction.
But the legal landscape for money laundering shifted in the wake of United States v. Santos, which determined that “proceeds” from an illegal gambling ring did not mean its gross receipts, but should be more strictly limited to its profits. The court’s key concern in interpreting the term is the potential for abuse by prosecutors who could charge a defendant for both an illegal transaction and paying for the “essential operating expenses” of the transaction – tantamount to double jeopardy.
In Shelburne’s case, Jones ruled that the dentist’s payment for “building and equipment rent” was not properly construed as coming from illegal proceeds under the statute. In response to the government’s contention that Shelburne’s paying himself a salary met the stricter standard of illegal profits, Jones wrote that “the evidence did not show that these funds were plowed back into the unlawful activity or even into the dental practice generally.”
The U.S. attorneys prosecuting Shelburne would not comment Monday. Dennis Jones, Shelburne’s defense attorney, did not return phone calls seeking comment.
In a brief supporting the jury’s convictions, the government argued that the Supreme Court’s interpretation of proceeds should be limited to illegal gambling and not applied more broadly.
“The profits rule applies only where the transaction is so essential to the commission of the underlying crime” that the two merge and do not become a separate offense. It would not, the attorneys argued, “include transactions such as those charged against Shelburne, which are intended to promote the continuation of a crime in the future.”
“Santos was a sea change in the law – at least it could be construed that way,” said Anthony Giorno, the lead U.S. prosecutor, in a phone interview following the judge’s decision earlier this month.
Before the Supreme Court’s ruling, Giorno said, “the law was very strongly in favor of the government.”
By Daniel GilbertReporter / Bristol Herald CourierPublished: July 22, 2008
ABINGDON, Va. – A U.S. attorney is appealing a federal district court judge’s decision to vacate a dentist’s convictions for money laundering, setting up a legal battle over a federal statute that was recently interpreted by the U.S. Supreme Court.
A notice of appeal has been filed in the U.S. Court of Appeals for the Fourth Circuit. The appeal from Acting U.S. Attorney Julia C. Dudley indicates the government is pushing back against an ambiguous Supreme Court decision that in some money laundering cases holds prosecutors to a higher burden of proof.
A jury in March convicted Lee County, Va., dentist Roy Shelburne on seven counts of money laundering, but Judge James P. Jones set aside the convictions following the high court’s June 2 decision. Shelburne was sentenced earlier this month to two years in prison and fined for racketeering, health care fraud and structuring a financial transaction.
But the legal landscape for money laundering shifted in the wake of United States v. Santos, which determined that “proceeds” from an illegal gambling ring did not mean its gross receipts, but should be more strictly limited to its profits. The court’s key concern in interpreting the term is the potential for abuse by prosecutors who could charge a defendant for both an illegal transaction and paying for the “essential operating expenses” of the transaction – tantamount to double jeopardy.
In Shelburne’s case, Jones ruled that the dentist’s payment for “building and equipment rent” was not properly construed as coming from illegal proceeds under the statute. In response to the government’s contention that Shelburne’s paying himself a salary met the stricter standard of illegal profits, Jones wrote that “the evidence did not show that these funds were plowed back into the unlawful activity or even into the dental practice generally.”
The U.S. attorneys prosecuting Shelburne would not comment Monday. Dennis Jones, Shelburne’s defense attorney, did not return phone calls seeking comment.
In a brief supporting the jury’s convictions, the government argued that the Supreme Court’s interpretation of proceeds should be limited to illegal gambling and not applied more broadly.
“The profits rule applies only where the transaction is so essential to the commission of the underlying crime” that the two merge and do not become a separate offense. It would not, the attorneys argued, “include transactions such as those charged against Shelburne, which are intended to promote the continuation of a crime in the future.”
“Santos was a sea change in the law – at least it could be construed that way,” said Anthony Giorno, the lead U.S. prosecutor, in a phone interview following the judge’s decision earlier this month.
Before the Supreme Court’s ruling, Giorno said, “the law was very strongly in favor of the government.”
Friday, July 18, 2008
JULY 19, 2008
The discussion continues: Dental Economics Magazine started a new blog regarding this on July 17, 2008. The blog includes Dr. Shelburne’s candid answers to questions posed by Penny Anderson, contributing editor to the magazine. Dr. Shelburne’s answers include insights into the case and information that could assist other Dental offices.
http://community.pennwelldentalgroup.com/forum/topic/show?id=2013420:Topic:11549
http://community.pennwelldentalgroup.com/forum/topic/show?id=2013420:Topic:11549
Thursday, July 17, 2008
Tuesday, July 15, 2008
Dr. Shelburne received notification today that the Prosecution has filed notice to the United States Court of Appeals for the Fourth Circuit. The Government intends to appeal the order of the district court vacating findings of guilty by a jury and entering judgment of acquittal as to the 7 money laundering counts. See post below. It appears that Dr. Shelburne’s plight is far from over!
Friday, July 11, 2008
Sentencing was held on July 10, 2008 at 10 AM, Federal Courthouse Building, Courtroom 1, Abingdon, VA.
http://www.tricities.com/tri/news/local/article/dentist_sentenced_in_medicaid_fraud_case/11545/
Your prayers would be appreciated. A trust has been established to assist. If you can help, please click the "donate" button on your right to contribute. For more information contact shelburneaid@gmail.com .
Wednesday, July 9, 2008
Roy Shelburne is a dentist from a small town in Southwest Virginia having practiced there in his home town for almost 27 years. In October of 2003, the Virginia Medicaid fraud division of the Attorney General’s office in conjunction with agents from the IRS executed a search warrant to search and seize all dental and business records. In October 2006, after a 3 year investigation, Dr. Shelburne was indicted. His trial lasted 9 days in February and March, 2008 ending with a guilty verdict by jury on all 10 counts of Healthcare Fraud, Racketeering, Money Laundering, and Structuring.
http://en.wikipedia.org/wiki/Money_laundering
http://en.wikipedia.org/wiki/Racketeering
http://en.wikipedia.org/wiki/Smurfing_(crime)
His patients, colleagues, family and friends were stunned. Debate began regarding the verdict in this case:
http://community.pennwelldentalgroup.com/profiles/blog/show?id=2013420:BlogPost:2623
http://limoli.com/us_vs_roy_silas_shelburne_dds.php
Sentencing was originally scheduled for June 16, 2008; however, the June 2, 2008 USA VS Santos United States Supreme Court decision involving Money Laundering placed the jury’s decision into question.
http://www.supremecourtus.gov/opinions/07pdf/06-1005.pdf
Judge Jones ruled July 1 to remove all the money laundering charges (7 of the 10 charges against Dr. Shelburne) leaving the Healthcare Fraud, Racketeering, and Structuring charges.
http://www.vawd.uscourts.gov/OPINIONS/JONES/206CR00023OPANDORDER.PDF
http://www.tricities.com/tri/news/local/article/judge_overturns_all_seven_money_laundering_convictions_against_dentist/11220/
Sentencing has been rescheduled for July 10, 2008 at 10 AM, Federal Courthouse Building, Courtroom 1, Abingdon, VA.
If you would like to assist the Shelburne family, donations are made to the Shelburne
Irrevocable Trust. Contact- shelburneaid@gmail.com
This web page will continue to be updated with additional information when it’s available.
http://en.wikipedia.org/wiki/Money_laundering
http://en.wikipedia.org/wiki/Racketeering
http://en.wikipedia.org/wiki/Smurfing_(crime)
His patients, colleagues, family and friends were stunned. Debate began regarding the verdict in this case:
http://community.pennwelldentalgroup.com/profiles/blog/show?id=2013420:BlogPost:2623
http://limoli.com/us_vs_roy_silas_shelburne_dds.php
Sentencing was originally scheduled for June 16, 2008; however, the June 2, 2008 USA VS Santos United States Supreme Court decision involving Money Laundering placed the jury’s decision into question.
http://www.supremecourtus.gov/opinions/07pdf/06-1005.pdf
Judge Jones ruled July 1 to remove all the money laundering charges (7 of the 10 charges against Dr. Shelburne) leaving the Healthcare Fraud, Racketeering, and Structuring charges.
http://www.vawd.uscourts.gov/OPINIONS/JONES/206CR00023OPANDORDER.PDF
http://www.tricities.com/tri/news/local/article/judge_overturns_all_seven_money_laundering_convictions_against_dentist/11220/
Sentencing has been rescheduled for July 10, 2008 at 10 AM, Federal Courthouse Building, Courtroom 1, Abingdon, VA.
If you would like to assist the Shelburne family, donations are made to the Shelburne
Irrevocable Trust. Contact- shelburneaid@gmail.com
This web page will continue to be updated with additional information when it’s available.
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