Published: September 21, 2005
Curative Terminates Employee Involved in Tax Fraud and Factor Product Diversion Prior to His Employment With Curative
Curative Health Services, Inc. (NASDAQ: CURE)
today announced that it has terminated the employment of the Company's Vice
President of Hemophilia Community Services, James H. Williams, after
learning that, on September 6, 2005, Mr. Williams pleaded guilty in federal
court to three counts of tax fraud that arose from conduct that occurred
prior to his affiliation with Curative. The felony charges state that Mr.
Williams failed to report certain income on his 1999, 2000 and 2001 federal
tax returns that he derived from participating in an illegal scheme
involving the diversion of blood clotting factor. Specifically, Mr.
Williams admitted participating in a scheme through which excess blood
clotting factor was purchased illegally from hemophilia patients and then
resold to the principals of a Florida wholesale pharmacy. Mr. Williams
participated in this scheme while he was an employee of Apex Therapeutic
Care, Inc. prior to Curative's acquisition of that company in February of
2002. At the time it acquired Apex, Curative had no knowledge of the
existence of the scheme described in Mr. Williams' court proceeding.
Last week in federal court in Los Angeles, Mr. Williams admitted that he
deposited some of the profits from his participation in this scheme to
illegally purchase and resell blood factor into an off-shore bank account
that was opened in the name of a trust in order to conceal his identity.
Mr. Williams accessed the funds in the off-shore trust account through the
use of a credit card. Other profits from the scheme were distributed in
the form of cash or checks, or payments made to third parties on Mr.
Williams' behalf. The IRS and the federal government charged that Mr.
Williams failed to report the profits he received from this scheme on his
tax returns for the tax years 1999, 2000, and 2001.
The Company learned of the existence of Mr. Williams' guilty plea through a
press release issued by the Internal Revenue Service on September 7, 2005.
The Company immediately terminated Mr. Williams' employment after
confirming the nature of the proceeding and Mr. Williams' admissions
through publicly available court documents.
Paul McConnell, President and CEO of Curative, stated, "We are extremely
disappointed to learn that Jim Williams was involved in this criminal
conduct which would not be tolerated in this Company. We believe his
conduct betrayed the trust of the entire hemophilia community. At the time
Mr. Williams joined the Company, we had no knowledge of his illegal
conduct. The Company did not participate in his conduct, and would never
condone such conduct. We expect our employees to continually demonstrate
the highest standards of ethical conduct and professional integrity in
their day to day business activities in accordance with our Corporate
Compliance Program."
The Company has learned that various participants in the scheme to
illegally purchase and resell blood clotting factor that is described in
Mr. Williams' criminal tax proceeding are being prosecuted by federal
authorities. The Company has confirmed with federal authorities and with
state law enforcement authorities in California that it is not the target
of any investigation or legal action relating to this matter.
About Curative Health Services
Curative Health Services, Inc. is a leading provider of Specialty Infusion
and Wound Care Management services.
The Specialty Infusion business, through its national footprint of Critical
Care Systems branch pharmacies, provides a cost-effective alternative to
hospitalization, delivering pharmaceutical products and comprehensive
infusion services to pediatric and adult patients in the comfort of their
own home or alternate setting. Each JCAHO accredited branch pharmacy has a
local multidisciplinary team of experienced professionals who clinically
manage all aspects of a patient's infusion and support needs.
The Wound Care Management business is a leading provider of wound care
services specializing in chronic wound care management. The Wound Care
Management business manages, on behalf of hospital clients, a nationwide
network of more than 100 Wound Care Center® programs that offer a
comprehensive range of services for treatment of chronic wounds, including
outpatient, inpatient, post-acute and hyperbaric oxygen therapy.
For more information, visit www.curative.com.
This press release contains forward-looking statements within the meaning
of the Private Securities Litigation Reform Act of 1995. Such
forward-looking statements involve known and unknown risks, uncertainties
and other factors, which may cause the actual results, performance or
achievements of the Company, or industry results, to be materially
different from any future results, performance, or achievements expressed
or implied by such forward-looking statements. Factors that might cause
such differences include, but are not limited to, risks associated with our
acquisition of Critical Care Systems including, but not limited to,
integration risks and costs, risks of client retention, and risks
associated with the operations of the acquired business, as well as risks
in our current businesses such as the substantial level of indebtedness
incurred in connection with the acquisition of Critical Care Systems, the
potential for termination or non-renewal of a material number of contracts,
an inability to obtain new contracts, changes in government regulations
relating to the Company's Specialty Infusion or Wound Care Management
businesses, changes in the regulations governing third party reimbursements
for the Company's services, manufacturing shortages of products sold by
Curative's Specialty Infusion business, the impact of competitive products
and pricing, the ability to maintain pricing arrangements with suppliers
that preserve margins, the seasonality and variability of operating
results, the Company's ability to implement its strategies and achieve its
objectives and the other risks and uncertainties detailed in the Company's
filings with the Securities and Exchange Commission. Readers of this
release are referred to the Company's Annual Report on Form 10-K for the
year ending December 31, 2004, and Quarterly Report on Form 10-Q for
quarter ending June 30, 2005 for further discussion of these and other risk
factors that could affect future results.
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