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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff(s), CASE NUMBER: 09-20224

HONORABLE VICTORIA A. ROBERTS

v.

BRANDON WILLIAMS,

Defendant(s).

 /

 

ORDER

I. BACKGROUND AND PROCEDURAL HISTORY

The Government alleges that Defendant George Williams organized and

operated a purported health care business under the name Quick Response Medical

Professionals, P.C. (“QRMP”). George recruited fake patients to see doctors employed

by QRMP. Most of the patients were scheduled for doctor visits by co-Defendant

Yolando Young, who instructed the patients to ask for prescriptions for drugs with a high

street value. 

According to the Government, Defendant Brandon Williams: (1) helped George

create QRMP; (2) supervised the QRMP office; (3) arranged unnecessary medical tests;

(4) fraudulently billed Medicare; and (5) payed remunerations to Medicare beneficiaries.

Brandon is charged with: (1) Health Care Fraud, in violation of 18 U.S.C. §1347

(Count II); and (2) Unlawful Payments, in violation of 42 U.S.C. §1320a-7b (Count III). 

On November 13, 2009, Brandon filed a “Motion for Relief from Prejudicial
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Joinder/Misjoinder, Severance, and Separate Trial.” (Doc. #113). 

On January 29, 2010, Magistrate Judge Virginia M. Morgan filed an “Opinion and

Order Denying Defendant Brandon Williams’ Motion for Relief from Prejudicial

Joinder/Misjoinder, Severance, and Separate Trial.” (Doc. #162). The Magistrate

Judge says Brandon’s charges are logically interrelated to the drug counts; Brandon

made payments to fake patients to induce them to come to QRMP, and the drug counts

relate to the employees’ retention of the prescriptions that were prescribed to the fake

patients.

In addition, the Magistrate Judge says Brandon failed to prove how he was

prejudiced by the joinder. 

Before the Court are Brandon’s objections to the Magistrate Judge’s Opinion and

Order. (Doc. #165).

II. APPLICABLE LAW AND ANALYSIS

Brandon says the Indictment presents two separate and distinct conspiracies

without a sufficient nexus to justify joinder under Fed. R. Crim. P. 8(b): health care

fraud, and the separate drug conspiracy. 

Pursuant to Fed. R. Crim. P. 8(b):

The indictment or information may charge 2 or more defendants if they are

alleged to have participated in the same act or transaction, or in the same

series of acts or transactions, constituting an offense or offenses. The

defendants may be charged in one or more counts together or separately. 

All defendants need not be charged in each count.

“While it is true that Rule 8(b) should be construed in favor of joinder, it is also

true that failure to meet the requirements of this rule constitutes misjoinder as a matter
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of law.” United States v. Hatcher, 680 F.2d 438, 440 (6th Cir. 1982) (internal citation

omitted). The Sixth Circuit held that “[u]nder Rule 8(b) multiple defendants may be

joined only if a sufficient nexus exists between the defendants and the single or multiple

acts or transactions charged as offenses.” United States v. Johnson, 763 F.2d 773, 775

(6th Cir. 1985) (emphasis added). “[A] group of acts or transactions constitutes a

‘series’ if they are logically interrelated. A group of acts or transactions is logically

interrelated, for instance, if the acts or transactions are part of a common scheme or

plan.” Id. at 776 (internal citations omitted). 

In a case of misjoinder, “the trial judge has no discretion on the question of

severance. Severance in such a case is mandatory.” Hatcher, 680 F.2d at 442

(citations omitted). 

In Hatcher, defendants Hatcher and Manetas were jointly indicted and jointly tried

for federal narcotics crimes. Both defendants were charged with three counts relating to

possession and distribution of heroin. Additionally, Hatcher alone was charged with

three counts relating to possession and distribution of cocaine. Hatcher, 680 F.2d at

440. The Sixth Circuit held the fact that all counts against both defendants were based

on possession and distribution of narcotics was insufficient to justify joinder, even

though the evidence showed that Manetas was Hatcher’s source of heroin. See id. at

442. The trial judge committed reversible error by not granting Manetas’ motion for

Rule 8(b) severance because “the indictment on its face alleges no connection between

Manetas and the cocaine-related charges against Hatcher. Neither does the record

reveal any evidence of such a connection.” Id. at 441. The Sixth Circuit emphasized
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“[i]f multiple defendants are improperly joined under Rule 8(b) because they are

charged with offenses that are unrelated, then they are considered as prejudiced by that

fact and the trial judge has no discretion on the question of severance.” Id.

The Government and the Magistrate Judge say that on the face of the

Indictment, the drug and fraud/payment offenses were part of the same series of

offenses, and the fraudulent use of the fake patients, was how QRMP obtained the

prescription drugs, which were then illegally distributed.

However, Brandon is not charged in Count I – Conspiracy to Distribute and

Possess with Intent to Distribute Controlled Substances – nor is he charged in any of

the other drug counts. All of his co-Defendants are charged in Count I, and they are all

charged in the drug counts (except Nancy Williams). 

The General Allegations section of the Indictment, which is adopted and

incorporated in each count of the Indictment, says:

the named defendants and others engaged in a scheme and pattern of

illegal conduct involving prescription drug controlled substances and

fraudulent health care billings. 

. . .

The “patients” would be paid up to $220 in cash for their time and use of

their Medicare card for billing purposes, but would not be allowed to keep

their prescriptions. QRMP employees, under the direction of GEORGE

WILLIAMS, would retain the prescriptions.

GEORGE WILLIAMS would arrange to have the prescriptions filled at

various cooperating pharmacies, including Eastside Discount Pharmacy

and Westside Discount Pharmacy. GEORGE WILLIAMS would pay cash

for the drugs and pick up the controlled substances, either personally or

with the assistance of employees, including WEBB SMITH and ERNEST

LARRY ADAMS. . . . Employees such as ERNEST LARRY ADAMS, and

WEBB SMITH, a/k/a “Buster,” were directed to deliver controlled

substances to distributers[sic] in exchange for money. Defendant

KATRINA LYONS, received controlled substances from GEORGE
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WILLIAMS and his employees, for further distribution. 

BRANDON WILLIAMS assisted in the creation of QRMP, and supervised

the QRMP office. He caused fraudulent Medicare billings, specifically by

directing the “Home Visit” billing code to be billed, when he knew that the

“patients” were being seen in a hotel room or at a residence on Stratford in

Detroit. He arranged unnecessary medical tests and caused fraudulent

billings resulting from the unnecessary medical tests.

Neither the General Allegations nor the health care fraud and unlawful payments

counts, alleges that Brandon had any connection with the drug counts. 

Indeed, the General Allegations separate Brandon from Nancy Williams, the only

co-Defendant who is not charged in the drug counts (except the drug conspiracy count). 

The General Allegations say, “NANCY WILLIAMS . . . knew that GEORGE WILLIAMS

and QRMP employees would retain the medically unnecessary prescriptions for

controlled substances, and informed GEORGE WILLIAMS as to whether the doctor was

writing the desired controlled substance prescriptions.” 

III. CONCLUSION

The Court DECLINES TO ADOPT the Magistrate Judge’s Opinion and Order. 

The Court GRANTS Brandon’s motion pursuant to Fed. R. Crim. P. 8(b); he and his

alleged offenses are misjoined. 

IT IS ORDERED.

s/Victoria A. Roberts 

Victoria A. Roberts

United States District Judge

Dated: March 12, 2010
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The undersigned certifies that a copy of this

document was served on the attorneys of

record by electronic means or U.S. Mail on

March 12, 2010.

s/Linda Vertriest 

Deputy Clerk