BROADCASTS.com

b'

RICO Judgment Allows Disgorgement Damages  

DISGORGEMENT IS AKIN TO EXEMPLARY DAMAGES  

In Diane Creel and Lynn Creel v. Dr. Says, LLC, et al., Civil Action No. 4:18-CV-00615,  United States District Court, E.D. Texas, Sherman Division (September  27, 2022) the plaintiffs obtained a verdict against Defendants Dr. Yupo  Jesse Chang; MD Reliance, Inc.; Universal Physicians, PA; Dr. Says, LLC;  Office Winsome, LLC; and Yung Husan Yao (aka Angela Yao) for violations  of the civil Racketeer Influenced and Corrupt Organization Act (\\u201cRICO\\u201d)  and RICO conspiracy. The Court, after the verdict, needs to enter its  findings of fact and conclusions of law regarding equitable  disgorgement.  FINDINGS OF FACT  Plaintiff Lynn Creel (\\u201cLynn\\u201d) accompanied his wife, Plaintiff Diane  Creel (\\u201cDiane\\u201d) (collectively, \\u201cthe Creels\\u201d), to the Behavioral Hospital  of Bellaire (\\u201cBHB\\u201d) in August 2017. 

The Creels arrived at BHB planning  to receive information on the hospital\'s advertised \\u201coutpatient group  women-centric grief counseling.\\u201d  Upon the nurse\'s return, the Creels said they were leaving because they  did not like the treatment plans that BHB had offered. The nurse  informed the Creels that they were not allowed to leave because BHB had  \\u201cfiled an emergency warrant for [Diane\'s] detention\\u201d and Diane would be  placed under a 72-hour hold. The Creels then realized that the BHB  medical staff had locked both the door out the front of the building and  the door to the intake room. Diane was taken to the psychiatric unit  against her will. BHB did not permit Lynn to visit Diane in person. In  all this time, neither Lynn nor Diane ever saw the warrant for her  detainment or even a shred of paperwork. 

 The Defendants\' Scheme  The scheme underlying the Creels\' experience began with the business  activity of Dr. Yupo Jesse Chang (\\u201cChang\\u201d), a family physician who has  spent much of his career managing other medical practices. As Chang\'s  only notary, Yao kept a detailed notary book. The physician recommending  commitment of a patient signed off on the notarized documents-but the  physician was never physically in front of Yao, the notary, when he or  she signed the document.  The notary documents reveal that in just three days between, August 6,  and August 10, 2017, a psychiatrist employed by BHB signed applications  for the involuntary commitment of twelve different patients.  The Lawsuit  Twelve plaintiffs sued twenty-two defendants, alleging various causes of  action based upon their involuntary confinement and stay at BHB. The  jury found that Defendants, (1) were employed or associated with a RICO  enterprise (2) had participated, either directly or indirectly, in the  conduct of the affairs of the enterprise, and (3) had participated  through a pattern of racketeering activity. The jury assessed  Plaintiffs\' compensatory damages at $300,000.00. The jury also found  that all Defendants conspired together to violate RICO.  

Equitable Disgorgement