Bizarre, Criminal law

West Virginia Woman Given Additional Year In Prison For Faking Her Death After Health Care Fraud Conviction

There is a bizarre case out of Charleston, West Virginia where Julie M. Wheeler has been given an additional year in prison after trying to fake her death to avoid sentencing for health care fraud. That secured an added conviction for conspiring to obstruct justice. Her husband will also now spend time in prison.

Wheeler implicated her husband as conspiring to keep her out of prison. The record however was already clear. Rodney Wheeler reported that she had fallen from an overlook at the New River Gorge. After an intensive search, police found Wheeler hiding in her closet.

The court required that the added year be served consecutively with her sentence to 42 months in prison for health care fraud related to overbilling.

Rodney Wheeler pleaded guilty to conspiracy to obstruct justice could face up to five years in prison, though that seem unlikely given the one year sentence meted out to his wife.

What is fascinating is the belief that the couple could keep her death a secret for long. It is increasingly difficult to be paperless or recordless in our society.

It does appear however that it can be more difficult to prove you are actually alive. A French woman has been trying to prove that she is living for three years without success. Jeanne Pouchain, 58, even has had to file certificates from doctors attesting that she is indeed alive since courts would not just take her word for it.

Clearly Wheeler should have moved to France before attempting this conspiracy.  The authorities seem unwilling to acknowledge even living people as still alive.

44 thoughts on “West Virginia Woman Given Additional Year In Prison For Faking Her Death After Health Care Fraud Conviction”

  1. “It does appear however that it can be more difficult to prove you are actually alive.”

    But easy to fake it. Just use a teleprompter with really big letters, wear an ear piece, and take massive doses of Aricept.

    1. That got them slaughtered in WW I.

      As Churchill said, the French attacked and the Germans advanced at the outset.

  3. Paul says: “Do realize you bring up Fox/Turley in every post?”

    I’m heartened you acknowledge my point that Turley is morally compromised by the putative non-disparagement clause in his employment contract with Fox News. However, until more readers of this blog are made aware of the fact that he is forbidden to hold his Fox colleagues to the same journalistic standard he demands of Fox’s media competitors, I will not stop reminding readers that Turley is not what he claims to be, namely, impartial and unbiased. Turley himself should address his unmistakable hypocrisy if he wants to salvage his reputation as an academic. It is not enough for Turley to parenthetically, occasionally and simply inform his readers that he is a paid contributor for Fox. In the interest of full transparency, he should explain what are the implications of his service to Fox. Has Fox bought his silence in regards to Fox employees as I have speculated or is he as free as the rest of us to call things as we see them. I want to believe that Turley is acting in good faith, but it is hard not to suspect that he has sold out.

    1. Silverman hates turley, Silverman is biased. He is named after a rock. And equally obtuse as one.

      1. I am not surprised that you wish to remain anonymous in light of such an inane reaction.

  5. NEWSFLASH

    “Supreme Court Knocks Down California’s Ban On Indoor Church Services”

    The United States Supreme Court ruled late Friday that California can not enforce its ban on indoor worship services, asserting the ban was discriminatory because it applied more stringent standards to places of worship than to retail stores and other businesses, although the Court did say the state could limit indoor attendance at services to 25% of building capacity.

    – Forbes
    _______

    “…courts…must…declare all acts contrary to the manifest tenor of the Constitution void.”

    “…men [will] do…what their powers do not authorize [and] what they forbid.”

    “[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”

    – Alexander Hamilton
    ________________

    The freedom of religion and “…the free exercise thereof;…” is not qualified by the Constitution and is, therefore, absolute.

    The Supreme Court has no power to legislate or modify legislation; it has merely the power to read the “manifest tenor” of the Constitution.

    Justices of the Supreme Court must be impeached for blatant abuse and usurpation of power, and gross dereliction of duty for limiting church attendance and “…the free exercise thereof;….”

    No powers of “pandemic” or “quarantine” real or imagined, are delegated to the United States by the Constitution.

    Habeas Corpus cannot be suspended except in a condition of rebellion or invasion.

    Powers not delegated to the United States by the Constitution are reserved to the people*…or to the states.

    Healthcare is not a provided for in the Constitution and is not a function or power of government.

    Healthcare is a private concern of individuals and healthcare provision occurs in the free markets of the private sector; individuals must protect themselves from disease.

    Healthcare regulation must be funded and conducted by the healthcare industry.

    Article 1, Section 8, directly or by omission, does not provide States any power of tyranny*, or any power to nullify constitutional rights, freedoms, privileges or immunities.

    States do not have any power to legislate against having a cold or the flu, or to designate pathologies and diseases as crimes.

    States have the power to legislate and codify statutes against crimes of bodily injury and property damage.
    ____________________________________________________________________________________

    1st Amendment

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
    ______________________________________________

    *

    10 Amendment

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

    1. Except that, in retail stores, a person does not stand in the same place for up to an hour or more, sing, chant or otherwise engage in activities that propel microdroplets that could contain COVID, shake hands or embrace, or receive communion or wine, which could also expose him/her to COVID. The risk of exposure in both situations is not comparable. I can just guess which judges voted for this one.

      This dumb ruling could contribute to further spread of COVID, including and especially the mutant varieties. As Dr. Fauci explained yesterday, to the extent you limit the spread, you limit the opportunity for COVID to mutate to more virulent and lethal strains. Vaccines, social distancing, masks, handwashing and other measures are starting to show results. Church services can and should be held on line until it is safe for them to be held indoors, and courts should defer to public health experts, epidemiologists and infectious disease specialists. Public officials have a duty to make rules that protect everyone.

      2. Then don’t go to churches. I will if I want. My body, my choice. I have already had the creeping crud. Survived even with some underlying conditions. I will state that I spent 4 days in the hospital. It’s like being in a prison. I was so happy to get out. BTW, have you seen the lines and Wal-Mart and Target to check out. How long do you wait in them?

        1. Natch doesn’t go to the stores I go. The porn shops in WeHo have the coolest toys to try, and wherever I visit, guys are crowded in a booth to check them out. No fear of droplets there! And, since we don’t exactly sing in gay porn stores, Natacha might not object especially as an esteemed lawyer her/himself. But the tricks those gays can do with long dong toys …..oh nelly. Always makes me spit ‘tho. Practice makes perfect!

      3. There is no Constitutional right to shop retail as there is to attend religious gatherings. Every study indicates that mental defects including suicide have increased directly as a result of lock downs. Everything including the lock downs carries an inherent risk; lock downs are not all 100% upside.

        1. There is no constitutional restriction or, otherwise, limitation on secession, and there is no restriction or, otherwise, limitation on shopping retail.

          Secession always was, is and always will be fully constitutional (Lincoln was an insane, power-hungry, communist despot – slavery must have been concluded; not by war but by the use of economic tools such as advocacy, boycotts, divestiture, etc.).

          Shopping retail always was, is and always will be fully constitutional.

  6. The French prefer their citizens to be dead because then they are not required to pay them all of the benefits they are owed by the guvmint. My wife is a French pensioner and every year has to “prove” she is still alive. It is not easy.

    1. I used to represent a holocaust survivor who received benefits from the German Government. Because he lived in the US, he had to fill out a form proving he was still alive. The form had to be witnessed by what they termed a reliable person, which included an attorney, who was required to affirm that he/she is personally acquainted the person or that they produced a photo ID, and that they were, in fact, alive when they signed the form. It’s probably because she is not living in France, not because they want her dead.

    2. Sorry Young. I haven’t clicked on NYT links for years
      Provide us a summary instead

  8. Rodney Wheeler pleaded guilty to conspiracy to obstruct justice could face up to five years in prison, though that seem unlikely given the one year sentence meted out to his wife.

    If he’s in front of a White Knight judge he’ll be treated brutally.

    1. I worked for 30+ years designing telephone systems and other software from counting 12 hot dogs per package to the Space Shuttle. Ive hated phones since I learned that our first phone was a party line.
      If an advertising slug was played I just set the phone on a table and walked away.

      When we had guests I refused to answer any call. When asked by a guest shy I wouldn’t answer a ring I stated I wasn’t interested in whatever was being offered.

      Please return to a single line phone — half the working shrinks would need to find a a real job.

      Regards from a happy mute.

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  11. Joke Buydem and Commie-Lie Ho-riss should get an additional year in prison for faking their legitimacy after perpetrating their 2020 election fraud and tampering with the vote.

    TRUMP WON!

  12. I’m covering for Silberman today. He’s on vacation.

    Once again, Turley has proven he is just a tool of Fox News!! Turley should be disbarred, drawn, and quartered. Clearly this woman is a Trump stooge. Trump was probably schtupping her in the closet before she was found. The husband probably videotaped the whole thing and then hid the evidence. More proof of Trump obstructing justice! And yet Turley has nothing to say about these mysterious circumstances because he’s on Trump’s payroll!! What a Vantz he is!!

    Thank God there are reasonable people like me to point this all out. You’re welcome, losers!!

    Jeffrey Silberman (It’s “Silberman,” you racists!!) c/o Diogenes the Younger

    cc: Joe Friday, Molly G, Natacha, Svelaz, Elvis Bug, Anonymous, Anonymous, Anonymous, George Soros

    3. Diogenes, you flatter me, and I thought you didn’t care!

      I’ll just point out that you would have thought that Turley would have had something to say about the big news of Fox News taking Lou Dobbs off the air. Is it not strange that the Professor chooses to comment about this silly case instead? I have to believe that he will make some post defending Lou Dobbs as well as propounding the false narrative of cancel culture. Surely the good Professor cannot resist opining on the legal merits of the 2.7 Billion dollar defamation lawsuit against Trump TV. Perhaps, he needs more time to analyze the pleadings and formulate a counter argument because the allegations seem particularly damning in claiming that Trump TV allowed its hosts to broadcast and adopt the provably false conspiracy theories of Giuliani and Powell.

      Turley may decide to recuse himself from commenting on this matter on account of his obvious conflict of interest. I don’t envy his position of having to retain his allegiance to his employer while at the same time pretending to hold himself out as an impartial and objective legal commentator. It is gratifying that there is personal and corporate accountability for profiting upon telling lies at others’ expense. Turley knew that there was a sizable risk in associating himself with Fox, and I would not be surprised if he is having second thoughts having chosen to work for a company that is now being discredited for pushing lies to its gullible viewers.

      1. Jeffrey! I have been caught red-handed committing forgery. But, alas, you are my muse. Hope you enjoyed your vacation 🙂

        1. Jeffrey Silverslick was likely meeting with Andrew Gillum to discuss rehabilitating his political career given Andrew’s crystal meth sex romp with juiced boy toy in Miami Beach. GQ tried in a recent online article but alas Andrew still looks like a self-loathing homersexual who likes muscle boys on drugs. Maybe Jeffrey can fluff Andrew’s career.

          To think he wanted to be Governor of Florida.

          Sex worker tells GQ he and politician Andrew Gillum did drugs in a Miami Beach hotel
          https://www.msn.com/en-us/news/crime/sex-worker-tells-gq-he-and-politician-andrew-gillum-did-drugs-in-a-miami-beach-hotel/ar-BB1dp9Bi

          1. Estovir, for a Catholic, you might want to practice following the teachings of Christ better.

              1. No fricken way!!! He changed??? OMG! I used to lust after him when gays would stand me up on Grindr. I am shocked! Actually I am jealous. Maybe I should follow her example! I own the butchest nail salon shop in WeHo so…..

                Bwahahahahaahaha

      2. Do realize you bring up Fox/Turley in every post? Turley could say water is wet and your reply would be that he is compromised because he is a Fox contributor. Get an original idea PLEASE!

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  15. They were conducting an intensive search in the New River Gorge and found her in her closet? Sounds illogical to me. I’ve white-water rafted in the New River Gorge. There are no closets there. Someone must have obviously tipped them off.

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