the United States’ period of evaluation, be granted, and that the seal and intervention

period be extended for six months, up to and including February 11, 2021.

August 3, 2020 Respectfully submitted,

LAWRENCE KEEFE
United States Attorney

4s/ Mary Ann Couch

KATHRYN DREY

MARY ANN COUCH

Assistant United States Attorneys
Pensacola Division

21 East Garden Street, Suite 400
Pensacola, FL 32502

Telephone: (850) 444-4000
E-mail: karthryn.drey@usdoj.gov

maryann.couch@usdoj.gov

Counsel for the United States of America


Defendant’s submission of claims. Such investigative activities will permit the
government to make an informed decision as to whether the United States should
intervene and take over the prosecution of this action. In addition, the United States
requests that the Complaint, other pleadings, and motion papers be kept under seal
to protect the confidentiality of the government’s investigation.

In addition, the Department is committed to supporting public health officials
in their response to the COVID-19 pandemic. At this time, the President is urging
all Americans to work from home, avoid discretionary travel, and avoid large
gatherings. See The President’s Coronavirus Guidelines for America. Department
attorneys and their law enforcement partners will continue to diligently pursue their
investigation of the Relator’s allegations in this case consistent with these
guidelines, but we anticipate that these limitations -- particularly the limitation on
travel — will impede the Department’s ability to find and interview witnesses and
likely other aspects of the investigation. An extension of the intervention deadline
is appropriate to allow the Department to complete its investigation while doing its
part in the national response to COVID-19.

TM. Conclusion

For all of the above reasons, the United States respectfully requests that its

application for an extension of the seal on this qui tam action, and for extension of


CERTIFICATE OF SERVICE

I hereby certify that on this 3rd day of August 2020, a true and correct copy
of the foregoing Ex Parte Application for Extension of Seal was sent by electronic
mail to the following attorneys for Relator:

Jonathan Kroner

Jonathan Kroner Law Office

300 S. Biscayne Blvd., Suite 3710
Miami, Florida 33131

IK @floridafalseclaim.com

/s/ Mary Ann Couch
Mary Ann Couch



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

. UNITED STATES OF AMERICA ex
rel. RAYME M. EDLER, M_D.,

Plaintiff, Civil Case No.
3:20-cv-5503 -RV~ ATC

vs.

ESCAMBIA COUNTY, FILED EX PARTE
AND UNDER SEAL

Defendant.

UNITED STATES OF AMERICA’S EX PARTE APPLICATION FOR
EXTENSION OF SEAL ON QUI TAM ACTION AND EXTENSION OF THE

UNITED STATES OF AMERICA’S EVALUATION PERIOD AND
MEMORANDUM IN SUPPORT THEREOF

For the reasons set forth herein, the United States of America respectfully
petitions this Court for an ex parte order extending the intervention period and seal
in this gui tam action. Plaintiff-Relator Rayme M. Edler, M.D. (“Relator”) filed this
action under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., on May 29,
2020, on behalf of the United States. The Attorney General of the United States
was served on June 12, 2020. Accordingly, the current FCA seal and intervention
deadline is August 11, 2020. Pursuant to 31 U.S.C. § 3730(b)(3), the United States

requests an order extending the seal and intervention deadline for an additional six

FILED USDC FLND PN 1
AUG 3 "20 pHae49



months, to and including February 11, 2021. This is the first extension request
made by the United States, and the extension is necessary in order to permit the
United States to further investigate the allegations in the Complaint and determine
whether to intervene. Counsel for Relator has been advised of, and concurs with,
this application for an extension of the intervention period and seal.

I Overview of Relator’s Allegations

Generally, Relator alleges that Defendant submitted false claims to Medicare
and other government payors for medical services performed by unlicensed. and.
unqualified personnel. Specifically, Relator alleges that Defendant knowingly
submitted false claims for services performance by unlicensed and unqualified
EMTs with false certifications. Relator contends that, as a result of this conduct,
Defendant presented or caused to be presented false claims under 31 U.S.C. § 3729
(Count One) and made or used false statements or records material to a false claim
under 31 U.S.C. § 3729 (Count Two).

Il. FCA Points and. Authorities Concerning Extension of Current
Intervention Period

The FCA authorizes qui tam suits, in which private parties may bring civil
actions “in the name of the Government” for FCA violations.
31 U.S.C. § 3730(b)(1). The private party, or “relator,” must serve the United
States with a “copy of the complaint and written disclosure of substantially all

material evidence and information . . . pursuant to Rule 4[(i)] of the Federal Rules

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of Civil Procedure.” 31 U.S.C. § 3730(b)(2). In turn, Federal Rule of Civil
Procedure 4(i) requires that the relator serve the complaint and written disclosure
on “the United States Attorney for the district where the action is brought” and
“the Attorney General of the United States.” The United States then has “at least
60 days” to decide whether to intervene. 31 U.S.C. § 3730(b)(2). During this
investigative period, the complaint “shall be filed in camera, shall remain under
seal. ..and shall not be served on the defendant until the court so orders.” Id.
Pursuant to 31 U.S.C. § 3730(b)(3), the government may, for good cause, move
the court for extensions of the time during which the complaint is to remain under
seal. The United States respectfully submits that good cause exists to extend the
intervention period and seal in this matter for six months.'

The extension requested herein will permit the government to collect
information needed to analyze the relevant facts and law. This may include
gathering documents and data, interviewing witnesses, and otherwise pursuing

investigative steps needed to gain an understanding of Relator’s allegations and

! Tn March 2015, the Judicial Conference of the United States changed how qui fam cases
ate reported to the Administrative Office of the Courts under the Civil Justice Reform Act.
Recognizing that qui tam cases often require lengthy periods of investigation, and often
require coordination among federal criminal, civil, and agency authorities as well as state
actors, the Judicial Conference has amended the reporting requirements to provide that qui
tam cases under the False Claims Act will be deemed pending on the date such cases are
unsealed by the court, rather than on the date they were filed by the relator. This change
ensures that the time the government needs to pursue its sealed investigation and
negotiations will not adversely impact the Court’s docket.

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