The government alleged that RightCHOICE, which participates in the FEHB Program as part of the Blue Cross and Blue Shield Service Benefit Plan (SBP), passed on excessive costs to the FEHB Program in connection with compensating a preferred provider network of physicians known as “Alliance.” The government contended that RightCHOICE paid higher fees to Alliance physicians for serving patients insured through the SBP than these same physicians were reimbursed for providing the same types of services to patients insured through various other health plans. The government also alleged the physicians passed on these higher rates to the Office of Personnel Management as purportedly “reasonable” costs to the FEHB.

“Today’s settlement demonstrates the United States’ determination to make sure health care providers do not overcharge the Federal Employee Health Benefits Program,” said Peter Keisler, Assistant Attorney General of the Justice Department’s Civil Division.

The civil settlement resolves claims brought under the qui tam provisions of the False Claims Act by Ronald Ekstrand against Wellpoint Health Networks, Inc., the entity into which RightCHOICE merged in January 2002. Mr. Ekstrand will receive $165,750 of the total recovery as his statutory award for his suit filed in the U.S. District Court for the Eastern District of Missouri. Under the qui tam provisions of the False Claims Act, private individuals can bring whistleblower actions for fraud on behalf of the United States and collect a share of any proceeds recovered by the suit as well as attorney fees.

"This civil health care fraud settlement should send a signal to all health care providers who receive federal funds that we are committed to protecting the health care system from fraud or abuse," said Catherine L. Hanaway, U.S. Attorney for the Eastern District of Missouri..

The case was handled by the Civil Division of the Department of Justice and the U.S. Attorney’s Office for the Eastern District of Missouri. The case was investigated by the St. Louis offices of the Federal Bureau of Investigation and the Office of Personnel Management-Office of the Inspector General.

Attorney General Alberto Gonzales said on Wednesday he would let selected members of the Democratic-led U.S. Congress see secret court documents that authorized President George W. Bush's newly revised domestic spying program.

Lawmakers and civil liberties groups called it a significant first step for an administration that in the past often refused to provide information to Congress, but they urged the Bush administration to provide full details about the program.

Senate Judiciary Committee Chairman Patrick Leahy, a Vermont Democrat, said he would review the documents and then decide if "further (congressional) oversight or legislative action is necessary."

The administration announced an abrupt end to what had been a 5-year-old warrantless surveillance program on January 17, two weeks after Democrats took control of Congress and vowed to bring the program in line with law. The surveillance program will now be subject to approval from the secret U.S. Foreign Intelligence Surveillance Court.

Critics had charged Bush overstepped his power after the September 11 attacks with warrantless domestic spying as well as actions such as holding terrorism suspects indefinitely without charges and interrogations that some said amounted to torture.

Democrats had complained that while Bush's fellow Republicans controlled Congress, their requests for information from the president were frequently rejected or ignored.

At a January 18 Judiciary Committee hearing, Democrats and Republicans alike demanded that Gonzales provide details about the agreement the Justice Department had reached with the secret court.

Berry Appleman & Leiden LLP is gathering top immigration attorneys in Texas with plans to expand and open offices in Houston and Dallas.

Once assembled, more than 40 attorneys, paralegals and staff from Dallas-based Jenkens & Gilchrist will be part of the San Francisco-based corporate immigration law firm, giving it more than 200 employees in San Francisco, McLean Va., Dallas and Houston.

"Immigration compliance is a major issue for companies bringing foreign employees into the U.S., sending American employees abroad or transferring employees between countries outside the U.S.," said Warren Leiden, managing partner at BAL. "We now have a critical mass of senior-level professionals with the brainpower and strategic legal skills to help multinational companies manage an increasingly global workforce."

The Texas offices are scheduled to open on Feb. 12.

Shawn Orme will serve as managing partner of the Houston office, while Steven Ladik will be managing partner in Dallas.

http://www.usabal.com

The financing closed for the construction of BP Plc's 301-megawatt Cedar Creek wind farm in Weld County, Colorado, the law firm representing the lenders said.

International law firm Milbank, Tweed, Hadley & McCloy LLP said in a release that Cedar Creek entered into a long-term supply agreement with Xcel Energy Inc.'s Public Service Co of Colorado for the sale of electricity from the project.

The law firm represented the lenders, Mizuho Financial Group Inc.'s (8411.T: Quote, NEWS , Research) Mizuho Corporate Bank Ltd., Bayerische Landesbank [BAYLB.UL] and HSH Nordbank AG [HSH.UL]. It did not reveal the amount of financing the lenders provided.

Cedar Creek is a venture between BP's BP Alternative Energy North America Inc. subsidiary and Australian investment firm Babcock & Brown's (BNB.AX: Quote, Profile , Research) Babcock & Brown Operating Partners LP.

BP said in a release earlier this month it expected part of the project would to start operating in the second half of 2007.

Once completed, the Cedar Creek project, which is under construction, will have 274 turbines and generate about 301 MW of power - enough to power 120,000 homes.

Separately, Milbank said the financing for the construction of Spanish wind energy company Gamesa's (GAM.MC: Quote, Profile , Research) 80 MW Allegheny Ridge wind farm in Pennsylvania.

Milbank said it represented the lenders Mizuho and HSH Nordbank AG on the Allegheny project.

Gamesa entered into several long-term supply agreements with FirstEnergy Corp.'s (FE.N: Quote, Profile , Research) FirstEnergy Solutions Corp. subsidiary for the sale of electricity from the project.

The Allegheny Ridge project, expected to enter service in early 2007, will have 40 turbines rated at two megawatts each.

The Boston Passante law firm reached a temporary agreement in court today on its dissolution.

The agreement will allow the firm to pay debts and provide income to its partners for the next two months as both sides try to find a permanent solution.

Russell Boston, his wife, Wendy S. Boston, and other partners Lauren L. Benedict and David M. Cusson petitioned Bibb County Superior Court in December to dissolve the firm, and they cited problems with managing partner Brian Passante's completion of his duties.

Passante filed a countersuit earlier this week denying the allegations and blaming Russell Boston for the problems in the firm.

A former eye doctor who set off a seven-year federal investigation into class action law firm Milberg Weiss has agreed to plead guilty to taking $6.4 million in secret kickbacks from the firm, lawyers in the case said on Wednesday.

Steven Cooperman, 64, of Connecticut will plead guilty to a charge of conspiring with Milberg Weiss and some of its partners to obstruct justice and make false statements in class actions the firm filed against scores of publicly traded companies between 1988 and 2003, federal prosecutors in Los Angeles said.

The firm and two of its senior partners have been indicted on charges that they participated in a scheme to pay secret kickbacks to Cooperman and other plaintiffs.

Milberg Weiss and its partners have pleaded not guilty.

That case is set for trial in 2008.

In a statement released on Wednesday, Milberg Weiss said the allegations against the firm "are not new" and "have never been credible and they are no more so today."

Cooperman first brought Milberg Weiss to prosecutors' attention after he was convicted in 1999 of federal insurance fraud charges for staging the theft of two paintings, a Picasso and a Monet, from his Los Angeles-area home.

Prosecutors gave Cooperman amnesty in the Milberg Weiss investigation in exchange for his cooperation in providing the government with information about the alleged kickback scheme.

A BID to extradite two people to the United States over an alleged international operation to produce an illegal drug got under way yesterday.

Brian Howes, 43, and Kerry Ann Shanks, 29, are wanted by the American authorities to face 82 charges over the alleged supply of chemicals to people believed to be involved in the production of methamphetamine, better known as crystal meth.

An initial extradition hearing at Edinburgh Sheriff Court heard claims that chemicals allegedly supplied by the pair, of Bo'ness, were traced to more than 80 unlawful laboratories in the US.

Sheriff Isabella McColl remanded them in custody until a further hearing in March.