February 6, 2010

Hearing Readers Criticized Dying Woman and Husband.

Filed under: Uncategorized — Mishka Zena @ 9:57 am

An article covered the recent lawsuit of a man against the hospital for its failure to inform him and his wife in a timely manner that her cancer was terminal. Reading the comments left by ignorant and insensitive readers left me feeling disturbed. Most of them showed a profound lack of understanding about ASL, written English, AND the  attitudinal barriers toward Deaf people.  This is too close to home as some of you know I had organized a group lawsuit against my local hospital due to their systematic failure to provide accessible communication to Deaf patients and/or their Deaf relatives.  That lack of communication left me fearing for my life and I signed out AMA (against medical advice). That was no exaggeration. My husband was my advocate and I couldn’t believe the treatment he received from these medical professionals while advocating for me as I wasn’t able to advocate for myself that night. I was too sick to use my lipreading skills and my husband cannot lipread at all, even though he can speak very clearly.  The staff refused to write down even though they understood clearly our inability to lipread them.  We went to a different hospital later where I got appropriate services. Two years later I found out the first hospital never revealed to me a second potentially life threatening condition.

You know something? To this day, some advocates of the oral method still criticize me for the lawsuit. Apparently, since I had an oral upbringing, I wasn’t supposed to have any problems with communication. Please tell me how was a very sick Deaf person supposed to communicate if one wasn’t fully alert and conscious? Their audacity left me wondering about them and their lack of comprehension about Deaf people in general.

Do me a favor, please.  Educate these jerks, I mean uneducated readers that doctors and nurses DO fail  their responsibilities to ensure that their patients understand their conditions and follow the laws. Thank goodness for the civil rights lawyers who protect our safety and our rights.

Rant over.

Deaf patient was dying, but no one told her | StarTribune.com

January 17, 2010

Deaf Man Killed His Estranged Wife

Filed under: Uncategorized — Mishka Zena @ 1:20 pm
 
This article appeared on the news yesterday. As a long time domestic violence advocate, I sighed and thought to myself ‘another one lost to domestic violence’. I do not know who this man is, nor do I know his wife and her hearing status. It’s something I’ve encountered too often. One death due to domestic violence is one death too much. Over the years, I’ve talked to devastated family members and friends of Deaf women killed by their husbands or boyfriends. As a blogger, I’m supposed to be detached, but I am not. I feel their pain. As time goes on, I find it more difficult to cover domestic violence cases. I would love to open the cyber-newspaper and never see another Deaf person lost to domestic violence.

Can you help make this dream possible? You can contribute with a simple click of a button and help DeafHope win one million dollars, so a safe and accessible house can be built for Deaf people escaping from domestic violence.   http://apps.facebook.com/chasecommunitygiving/charities/412815

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P.S. I got several e mails asking me for the article. Here is the  new link. The article in the previous link had been taken down. A lot of comments under the this current article! http://www.chron.com/disp/story.mpl/metropolitan/6819663.html

January 13, 2010

Two Viable Employees Plead GUILTY

Filed under: Uncategorized — Mishka Zena @ 1:32 pm

Straight from the Dept of Justice website:

“Anthony Mowl, the former assistant vice president of business development for Viable Communications Inc. (Viable), and Donald Tropp, the former human resources manager for Viable, pleaded guilty today to engaging in a conspiracy to defraud the Federal Communications Commission’s (FCC) Video Relay Service (VRS) program of more than $2.5 million, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division. ” Read more about this: http://www.justice.gov/opa/pr/2010/January/10-crm-031.html

So there you go. They did participate in defrauding FCC and the taxpayers.  I’m extremely disappointed in Yeh and his cohorts. They did a lot of damage to the Deaf Community. MZ

P.S.  This blog had been unmoderated for some time since I thought it was safe to. I was unable to access to the blog today as I had to go out of town. I’m disappointed that a flaming war had ensued during my absence. I will xxxx certain words. Please  respect my wishes: no personal bashing or attack. Thank you.

Some of the comments ended in the moderation page. All with links were automatically directed there. The others, I don’t know why they landed there as they shouldn’t have gone there.   I will remove the duplicates.   Please don’t assume I was already moderating the comments during the day. Thank you. MZ

PPS.  I cleaned up all except the last page, but I need to stop and hit the sack. I’ll resume later or tmw.  The reason I blocked Ridor’s  e-mails is  I got tired of being the receiving end of his nasty e mails.  I don’t tolerate nasty e mails.  One can discuss issues without being nasty. Have a nice night. MZ

 Update:

In exchange, federal prosecutors agreed to
dismiss three other counts, including conspiracy
to defraud the U.S., for Anthony Mowl, 25,
former assistant vice president of business
development for Viable, and Donald Tropp, 25, Business Gazette
 
Anthony Mowl’s Plea Agreement: http://bit.ly/8ulAq5
Donald Tropp’s Plea Agreement: http://bit.ly/6y5zgw
.
PPPS: Ridor and I vpped and resolved many issues.

December 18, 2009

FLash! Yehs Plead Not Guilty

Filed under: Uncategorized — Mishka Zena @ 10:22 am

The news we have been waiting to hear:

December 16, 2009

Prison for 26 Viable Defendants Sought By Prosecutors

Filed under: Uncategorized — Mishka Zena @ 9:57 am

“Prosecutors have said that they will seek unspecified jail time in addition to forfeiture of the contractors’ business.”

More tidbits are included in the article. 

Twenty interpreters were used by the prosecutors investigating this systematic fraud.  

“The seven contractors who are allegedly defrauded the system account for approximately 15 percent of its total business“    Blink.  Damn, that’s a lot.  Twenty-Six Indicted in Scheme to Defraud the Deaf

As reported earlier by MZ in previous blogs,  the lives of Deaf people in the prisons are exceptionally difficult and lonely, with their rights and communication access frequently deprived. In other words,  they face cruel and unusual punishment due to their deafness.

Until they are convicted by their peers, these defendants are deemed innocent. I did get comments in the previous post , including one from an interpreter feeling resentful for being involved in this fraud and heard from several former employees, all whom I don’t know well personally.  All I can say is that it doesn’t look good for these accused.  A jury will determine their fate.  

It’s really too bad that this had to happen.  Both the Deaf Community and VRS business have been harmed already, more than I think many people suspect.  The innocent workers, both hearing and Deaf, experienced financial losses due to no pay.  The trust of the Deaf Community had been shattered.  The taxpayers feel deceived and may object  to the high expenses of VRS operations.  The reductions of future payments to VRS companies may ensue.  Time will tell if this happens or not.

November 19, 2009

26 Arrested for VRS Overbilling Fraud

Filed under: Uncategorized — Mishka Zena @ 2:38 pm

The investigations conducted by FCC had resulted in arrests of over 2 dozen pepole involved in overcharging FCC for generating fake calls.   These arrests took place in New York, New Jersey, Florida, Texas, Pennsylvania, Arizona, Nevada, Oregon and Maryland.

“The indictments charge owners and employees of the following seven companies with engaging in a scheme to defraud the FCC’s VRS program:

  • Viable Communications Inc., of Rockville, Md.;
  • Master Communications LLC, of Las Vegas;
  • KL Communications LLC, of Phoenix;
  • Mascom LLC of Austin, Texas;
  • Deaf and Hard-of-Hearing Interpreting Services Inc. (DHIS), of New York and New Jersey;
  • Innovative Communication Services for the Deaf Corp. (ICSD), of Miami Lakes, Fla.; and
  • Deaf Studio 29 of Huntington Beach, Calif.
  • .
  • Each of the indictments alleges that the defendants made, caused others to make, or processed fraudulent VRS calls that were then submitted to the FCC for reimbursement. These calls, often referred to as “r calls,” “rest calls” or “run calls,” served no purpose other than to generate call minutes that would be billed to the FCC’s VRS Fund.
  • .
  • In the first indictment, Viable Communications Inc. and four Viable executives have been charged with fraudulently generating VRS call minutes and obtaining reimbursements from the FCC for those calls. Viable owner and CEO John Yeh, 62, of Potomac, Md.; Viable Chief Operating Officer Joseph Yeh, 64, of Potomac; Viable Assistant Vice President Anthony Mowl, 25, of Rockville, Md.; and Viable Human Relations Director Donald Tropp, 25, of Rockville, have been charged in a six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.
  • .
  • In the second indictment, Master Communications, KL Communications and Mascom owners and employees have been charged with generating fraudulent VRS minutes. According to the indictment, these companies operated VRS call centers for Viable that generated and processed a large volume of fraudulent VRS calls, which were then submitted to the FCC’s TRS Fund Administrator for reimbursement. Master Communications, KL Communications and Mascom owner and employee Kim E. Hawkins, 46, of Las Vegas; Master Communications employee and KL Communications owner and employee Larry Berke, 62, of Phoenix; KL Communications employee Dary Berke of Phoenix; KL Communications and Master Communications employee Lisa Goetz, 43, of Phoenix; and Mascom Marketing and Advertising Director David Simmons, 43, of Austin; have been charged in a six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.
  • .
  • In the third indictment, DHIS owners and employees have been charged with generating and processing a large volume of fraudulent VRS calls. According to the indictment, DHIS operated VRS call centers for Viable that generated and processed fraudulent VRS calls. DHIS co-owners Irma Azrelyant, 47, of Basking Ridge, N.J., and Joshua Finkle, 41, of New York; DHIS video interpreter Natan Zfati, 31, of Brooklyn, N.Y.; DHIS bookkeeper Oksana Strusa, 35, of Jersey City, N.J.; DHIS video interpreter Alfia Iskandarova, 29, of Brooklyn; and DHIS video interpreter Hennadii Holovkin, 36, of Philadelphia; have been charged in a six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.
  • .
  • In the fourth indictment, ICSD owners and employees have been charged with generating and processing a large volume of fraudulent VRS calls. According to the indictment, ICSD operated VRS call centers for Viable that generated and processed a large number of fraudulent VRS calls. The indictment also alleges that ICSD owners and employees engaged in sham “marketing calls” for the stated purpose of marketing VRS services, but for the alleged true purpose of fraudulently generating additional VRS minutes. ICSD co-owners Yosbel Buscaron, 25, and Lazaro Fernandez, 35, both of Hialeah, Fla.; ICSD call center manager Wanda Hutchinson, 35, of Pembroke Pines, Fla.; ICSD call center manager Jessica Bacallo, 23, of Miami; and ICSD marketing manager Kathleen Valle, 23, of Miami; have been charged in a six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.

    • In the fifth indictment, defendants Benjamin Pena, Robert Z. Rubeck and Tamara Frankel have been charged with generating fraudulent VRS calls. According to that indictment, Pena was allegedly paid by Viable owner and CEO John Yeh to generate fraudulent VRS minutes. Also according to the indictment, Pena allegedly paid Rubeck and Frankel to make VRS calls for the purpose of generating those fraudulent minutes. Pena, 34, of Scottsdale, Ariz.; Rubeck, 34, of Surprise, Ariz.; and Frankel, 28, also of Surprise; have been charged in the six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit mail fraud; and mail fraud.

    Deaf Studio 29 owners and employees have been charged in a sixth indictment with generating fraudulent VRS calls. According to the indictment, Marc Velasquez Verson, Ellen Thompson and Doris Martinez allegedly organized and paid employees to use a particular VRS provider to make run calls. That provider would pay the defendants approximately 20 to 25 percent of the money the provider received from the FCC for the calls generated by the defendants. Velasquez, 56, of Oswego, Ore.; Ellen Thompson, 43, of Lake Oswego, Ore.; and Doris Martinez, 51, also of Oswego; were charged in the six-count indictment with conspiracy to defraud the U.S. government and to submit false claims; submitting false claims; conspiracy to commit wire fraud; and wire fraud.

    To read the full article, click on Welcome to the United States Department of Justice

    Jeff Rosen, of SNAP VRS was featured on CBS Evening News  reporting the VRS fraud and the arrests.   Here is the captioned segment: http://bit.ly/4FS3f1  hat tips to Jasun Hicks and Jared Evans for making this tape available to the public.

    UPDATE:  From FCC: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294764A1.pdf

    Please keep in mind that all the indicted are innocent until they are proven guilty by a jury.

    October 12, 2009

    Fiascos at DeafRead and DVTV

    Filed under: Uncategorized — Mishka Zena @ 11:46 am

    I’ve been away for a long time, doing a lot of traveling and working on other projects that produce concrete advocacy results in a healthy and positive direction.  Recently I checked out the blogs and vlogs. Seeing all these negativity in DeafRead and DVTV where certain people performed character assassinations and fabrications against other people, including me, I would like to make a statement:

    Great minds talk about ideas
     
    Average minds talk about things
     
    Small minds talk about other people
    .
    Wouldn’t it be great if we invest our energies working on the issues instead of wasting them on our cultural infighting?  How can we move ahead if we are so consumed with attacking each other?   Can people agree to disagree and work in harmony within their own groups, where they can find mutual satisfication and create tangible effects?

    June 30, 2009

    Deaf People: Bad News From State Supreme Court

    Filed under: Uncategorized — Mishka Zena @ 5:48 am

    I’m interrupting my long-planned break from blogging. I’ve taken short breaks before, but not an extended break since I began blogging almost three years ago. I’m also spending minimal time on the Internet. So far, the break has been wonderful and I’m loving it. I don’t know how much longer the break will last, though. Many people have asked me to blog on assorted topics, but I’ve declined since I needed the break big time. However, this one is too important, as the legal system as it impacts the Deaf community is an important issue for me. 

    Deaf woman’s murder, kidnapping convictions upheld | Grand Forks Herald | Grand Forks, North Dakota

    This is bad news.  Let me explain the reasons.

    First of all, let me tell you I’m biased. I feel Daphne Wright deserved the death penalty because I’m convinced the killing was pre-meditated. Based on my extensive interviews with people who knew her well, in NC, MD and elsewhere, the police let the Deaf Community down for a long time by failing to arrest and prosecute this woman years ago. She was a ticking time bomb and it was a matter of time before she killed someone. It was no surprise that she ended up being charged with a murder. I felt sick to my stomach when I arrived at that sad conclusion.

    However, as a civil rights activist, I see the recent decision of the South Dakota Supreme Court not to hear her appeal as a bad decision. It’s true that she didn’t receive equal accessibility during her trial. Her lawyer’s request for a certified Deaf  interpreter for the deaf (CDI) was declined by the local judge. All the interpreters at court were supposed to be fluent in ASL, yet at least one interpreter used SEE. What the heck??? CART was provided on site as a back up, but she didn’t possess the fluency in  English to fully understand the typed materials. Apparently none of the other interpreters on site took the time to inform her lawyer that she didn’t interpret ASL. After several spectators told me, I passed the news on to her lawyer who was apparently surprised at receiving this news.  Good grief. Wasn’t there a consultant appointed to oversee the interpreters and ensure they are qualified to interpret a death penalty murder trial?  It was unsettling to realize no safety net was provided for this Deaf defendant.  By the way, for a lawyer with no previous experience representing a Deaf client, it’s my personal opinion that this defense lawyer did a pretty good job. She tried her best and she managed to get a life sentence for the defendant, no small feat. But overall, this experience demonstrates a tremendous need to educate the justice system regarding the needs of Deaf people.

    Over the years, It had become painfully obvious to me that the rights of Deaf people in the legal system are not protected. I feel very fortunate that I was able to locate a superb lawyer for my hospital lawsuit, but it was not by coincidence. I did a lot of legal legwork and looked high and low for a hungry and aggressive lawyer, interviewing many lawyers before I settled on one. I conferred with the lawyer prior to depositions and court hearing regarding the communication needs of the Deaf people and discovered that she also recalled the mistakes made during the murder trial of Carl Dupree, during which the interpreters basically bungled their jobs. Prior to that court case in early 1990’s, it was assumed that the failure to understand the interpreters was due to Deaf people’s ‘limited English skills’, but that particular case proved poor comprehension wasn’t necessarily the cause, but due to the skills of the interpreters, a stunning and disturbing revelation for the lawyers and advocates of Deaf people. Unlike earlier cases, the Deaf witnesses and involved Deaf parties were college students and college graduates, some of them bearers of advanced degrees. Anyway, I realize I am the exception and not many people, including hearing people, have the same privileges I have.  The majority of the public would be out of their league in the legal system to begin with–much more so for the Deaf.

    I don’t think there are many people who are still convinced of Daphne Wright’s innocence.  I am looking at the big picture. What if this Deaf defendant had been railroaded by shoddy police work and turned out to be innocent? And ended up in jail because of inappropriate interpreting work? Where is the protection for Deaf defendants and plaintiffs? To realize that in the 21st Century, there still aren’t adequate safeguards for Deaf people in the legal system is ominous.

    April 29, 2009

    Legal Actions Against State By SSSD and Parents, SDSD

    Filed under: Deaf School, Judicial System — Mishka Zena @ 5:31 am

    SSSD: Since the school is still slated to be closed on June 30th, SSSD filed a legal injunction at the federal courts against PA, asking the courts to stop the closing until legal proceeding against them are addressed.  Three families of four SSSD students have filed a lawsuit due to the lack of transitional plans. The school actually made no plans for the education of students after the slated closing.

    There will be a rally at Pennsylvania State Capitol in  Harrisburg today, attended by SSSD administrators and others in an effort to increase support for SSSD. 

    SDSD: SDSD won’t be closed for now. However, the school will be facing significant changes in its programs and includes reduction of staff for next year

    Links:

    SSSD Families File Lawsuit Against State   

    School for Deaf files injunction | Wilkes-Barre News | The Times Leader

    KELOLAND.COM – SD School For The Deaf Braces For Layoffs

    April 24, 2009

    Mandatory Cochlear Implants and Hearing Aids Policies In WI

    Filed under: ASL, Cochlear Implant, Deaf Community, Government — Mishka Zena @ 3:49 am

    Last year some Deaf people went to the Wisconsin state legislature to express their opposition to this bill. This bill that would force all health insurance companies to cover the expenses of cochlear implants and hearing aids for Deaf children living in Wisconsin, wasn’t passed during that session.

    This bill recently passed both the Senate and the Assembly easily and is awaiting for the Governor to sign the bill. Once the bill is signed, the insurance companies can no longer deny these WI families coverage due to the deafness being a pre-existing condition. This law could save families hundreds of thousands of dollars.

    The growing popularity of cochlear implants and its success rate reported by the parents of c.i. children and various organizations have been recognized by this state legislature.  Other states are expected to make similar bills mandating insurance coverage in the near future due to intensive lobbying by its citizens and organizations representing hearing impaired people.

    This passage shows even more the importance of educating the parents of these c.i. children the value of ASL.  This way the children will have a language base before they receive cochlear implant.  This linguistic foundation will make their ability to master listening and speaking easier AND help those  children who may not benefit from cochlear implants.   Bill Passes to Make Insurance Cover Children’s Hearing Restoration – WBAY-TV Green Bay-Fox Cities-Northeast Wisconsin News:

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