IN THE NEWS
“The residents from both communities were represented by Andrew Campanelli, who did a fantastic job setting the record straight regarding the Telecommunications Act of 1996 and clarified many legal issues for the Planning Board and Zoning Board”
“Having attended a series of meetings with my Bedford Hills neighbors, I noticed the Homeland Towers attorney, Robert Gaudioso, was uncharacteristically meek, the odds no longer in his favor. Last night he walked in knowing not only the findings of the independent town consultant, but the attorney hired by residents, at their own expense, who was sitting among the crowd. They’d clearly met before, in similar circumstances.”
“Next, Mr. Campanelli, attorney for Bedford Hills residents, walked to the podium. I admit, watching him was thoroughly entertaining due to both his mien and his adept performance. This was not his first battle with Homeland and Mr. Gaudioso. He did his homework and this was a performance as much as anything else. He tore apart the application, from the shoddy explanation of where the gaps in service were (no explanation), to the required proof that this tower location was the only satisfactory one. He stopped for a sip of coke and a man yelled, ‘Cheers!’ The feeling in the room changed when he took control.”
ArmorSource LLC has agreed to pay three million ($3,000,000.00) dollars to settle a qui tam case alleging that it delivered military helmets to the military, which were manufactured using methods that did not conform to contract requirements. In May 2010, the Army began recalling the helmets after several lots failed ballistic safety tests. Attorney Andrew J. Campanelli represented the relators together with co-counsel. Mr. Campanelli’s clients will receive four hundred fifty thousand ($450,000.00) dollars, a portion of which will be paid as attorneys fees.
At a criminal dumping trial within which his clients were charged with nearly a dozen felony counts for having allegedly released tons of hazardous contamination within a public park, attorney Andrew J. Campanelli began his opening statement before the jury with a line from the movie My Cousin Vinny. “Everything that guy just said was bull****.”
“In twenty-five years of litigation and trials, I have never uttered anything like that in any federal or state court anywhere within the Country. But in this case, it was the right opening statement to make.” – Andrew J. Campanelli
All charges against Mr. Campanelli’s clients were dismissed before the defense began the presentation of their case.
During a trial within which his clients were charged with over four hundred (400) counts of fraud and the alleged filing of false instruments, defense attorney Andrew J. Campanelli uncovered the fact that falsified evidence had been presented to the grand jury, which then returned the indictments against his clients based, in part, upon that falsified evidence.
After Mr. Campanelli’s discovery was presented to the Court, the Court granted the defense attorneys’ joint motion for a mistrial.
Prosecutors admit papers altered
During the jury selection process in a trial upon a four hundred and ninety-two (492) count indictment, attorney for the defendants, Andrew J. Campanelli, disclosed to the Court his discovery that evidence, which had been submitted to the grand jury, had been materially altered before it was presented to the jury.
Upon being confronted with Mr. Campanelli’s discovery, prosecutors admitted that the lead prosecutor had altered records before she presented them to the grand jury, but the prosecutors proffered to the Court that such alterations amounted to nothing more than “making certain notations” on the documents, in pencil.
In response, Mr. Campanelli pointed out that, in actuality, the lead prosecutor crossed out dates on documents and wrote in different dates, and crossed out work order numbers, to thereafter write in different order numbers. Of greatest import of all, Mr. Campanelli asserted, was the fact that the charges against his client were for having allegedly offered false instruments for filing when, ironically, it was the lead prosecutor in the case who was the person who falsified the very instruments upon which she was basing such criminal prosecution.
After Mr. Campanelli’s discovery was presented to the Court, the Court granted the defense attorneys’ joint motion for a mistrial.
The Town of Oyster Bay has agreed to settle a federal lawsuit brought by a former Oyster Bay Candidate who asserted that when he ran for office in the Town, Town employees ripped down his campaign signs, and assisted his opponents on Town time. He additionally asserted that a Town sign law was unconstitutional, because it prohibited the display of political signs for more than a very short period, while allowing the Town’s politicians to keep their re-election campaign signs up for more than sixty (60) days.
As attorney for the Candidate, Andrew J. Campanelli filed the lawsuit in the United States District Court, Eastern District of New York.
The Town agreed to settle the case by reimbursing the Candidate $5,000 for his attorneys fees, and of greater import, changed its sign law to permit all political signs to be displayed for the same length of time, with the same size limitations, and the same number limitations, as re-election campaign signs. The Town additionally agreed to pay the Candidate $120,000 to settle a negligence claim a month earlier.
Armed with Town records which evidence that Town officials had no basis to believe that they were involved in the dumping of materials in Roberto Clemente Park, and that despite the same, the Town widely published false claims that the Town had conducted an investigation and had thereby determined that they were a responsible party for such dumping, Thomas and Clara Datre and their company have filed a multimillion dollar federal lawsuit against the Town of Islip, and a number of politically-connected Town officials.
In seeking thirty million dollars in damages, the Datres have sued Islip Deputy Town Attorney Michael P. Walsh, Islip Councilman Anthony Senft Jr. and Islip Conservative Leader Michael Torres, among others.
Their attorney, Andrew J. Campanelli filed the lawsuit in the United States District Court, Eastern District of New York. The case remains pending.
Campanelli called the case against his clients “fictitious” and said he would reject the offers
Three defendants under a four hundred and ninety-two (492) count indictment, who are accused of illegal dumping in and around the town of Islip, were offered plea deals from the Suffolk County District Attorney’s Office.
Andrew J. Campanelli, an attorney representing two of the defendants, called the case against his clients “fictitious” and said he would reject the plea offers.
After the case went to trial, but before the defense began presenting any defense to the jury, all charges against Mr. Campanelli’s clients were dismissed.
Government Sues Skilled Nursing Chain HCR Manorcare for Allegedly Providing Medically Unnecessary Therapy
The government has intervened in three qui tam lawsuits, and filed a consolidated complaint against HCR Manorcare alleging that Manorcare knowingly and routinely submitted false claims to Medicare and Tricare for rehabilitation services that were not medically reasonable and necessary. Manorcare is one of the nation’s largest healthcare providers, operating approximately 281 skilled nursing facilities in 30 states. Attorney Andrew J. Campanelli represents one of the relators along with co-counsel.
Nassau County police have begun seizing motor vehicles incident to arrests for DWI or driving while ability impaired by drugs.
In May, the County retained the law firm of Campanelli & Associates, P.C. to commence civil forfeiture actions against the owners of such vehicles. The firm did similar work for the County from 2001 through 2003, handling thousands of such cases for the County. According to actual arrest and DWI accident data, implementation of the DWI seizure program reduced the number of DWI offenses being committed within the County by thirty-six (36%) percent, and reduced the number of accidents caused by drunk drivers by twenty-six (26%) percent.
Attorney Andrew J. Campanelli’s firm has handled the prosecution of more than 5,000 civil forfeiture cases, with a success rate in excess of ninety-nine (99%) percent.
Note: prior outcomes do not guarantee future results.
After the Town of Southampton hired a “special prosecutor” to prosecute two criminal zoning violations charged against the manager of the Hampton Bays Diner, all four Southampton Justices recused themselves from the case, thereby requiring the Town to “borrow” a judge from the Town of Riverhead, to preside over the case before the Southampton Justice Court.
Although Town representatives failed to respond to an inquiry by defendants’ attorney, Andrew J. Campanelli, as to why the Town Board found it necessary to hire a Special Prosecutor to handle simple zoning code violations, Mr. Campanelli abstained from filing a motion to have the Special Prosecutor removed. Instead, the case went to trial.
When the trial was complete, all charges against Mr. Campanelli’s client were dismissed on the merits.
A New York federal judge approved a settlement in a qui tam (whistleblower) case within which Agave BioSystems Inc. had been accused of defrauding the U.S. Department of Defense out of more than $15 million by staffing contracts with its founder’s family members instead of engineers.”
Attorney Andrew J. Campanelli filed the complaint for the realtor in the United States District Court, Eastern District of New York.
A Rockville Centre man was charged with two counts of disturbing the peace for having laughed too loudly within his own home at 6:00 p.m. in the evening. The man, who retained attorney Andrew J. Campanelli, was “slapped with” the two summonses because his next-door neighbor complained that he could hear his laughter from across his adjacent driveway.
“The last time I checked, it was not a crime to laugh — except in Rockville Centre,’’ attorney Campanelli said.
After a written motion to dismiss was filed by attorney Campanelli in the Village Court, both charges were dismissed.
A condominium owner came home to find that a sled-style cell antenna installation had been installed just feet above her doorway. She hired attorney Andrew J. Campanelli to fight AT&T, to force AT&T to remove the installation from atop her home.
Mr. Campanelli was successful in persuading the local zoning authority to deny zoning approval for the installation, and AT&T was ultimately forced to remove the entire cell antenna installation from above his client’s home.
Just two days after a group of residents retain attorney Andrew J. Campanelli to battle against its approval, the Brightwaters Village Board announced it would no longer consider plans to install a cell tower on grounds within a village park.
In response to a wireless company filing a zoning application seeking approval to install a cell antenna inside the clock tower of the oldest Presbyterian Church in the United States, which houses a clock that has been hand-wound every eight days for over one hundred thirty (130) years, nearby homeowners retained attorney Andrew J. Campanelli to defeat the application.
After attorney Campanelli presented his opposition to an application before the Village of Southampton’s architectural review and historic preservation board, the application to install cell antennas within the clock tower was denied.
A property owner in Riverhead, New York, was charged with fifty-eight (58) criminal zoning violations for having cleared his property without permits for clearing, excavation grading, filling or wetland buffer or wetland filling permits. The property owner retained attorney Andrew J. Campanelli to defend the case.
Mr. Campanelli took the case to trial, at the conclusion of which, all charges were dismissed.
Florida-Based Wellcare Health Plans Agreement to Pay $137.5 Million to Resolve False Claims Act Allegations
Wellcare has agreed to pay $137.5 million to settle four qui tam lawsuits involving alleged schemes to submit false claims to Medicare and various Medicaid programs. Attorney Andrew J. Campanelli, along with co-counsel in Mississippi, represented one of the relators.
New York based attorney Andrew Campanelli will provide feedback on the document, but after a local commission and citizens first have their say.
With a 5-0 vote, the City of Calabasas, California, Communications and Technology Commission voted to retain Andrew J. Campanelli to provide feedback on its proposed new ordinance to regulate the installation of wireless facilities within the City’s jurisdiction.
City Councilman Fred Gaines said Campanelli was an “excellent choice.” After Mr. Campanelli had flown to California to meet with the Council personally, Gains said that “I was impressed with Mr. Campanelli.”
The Town of Hempstead Board of Zoning Appeals (BZA) denied an application by T-Mobile for permission to install cell antennas atop a two-story building in Garden City South, NY.
Store owners within the building retained attorney Andrew J. Campanelli to oppose the application. Upon cross examining the applicant’s RF engineer, Mr. Campanelli was able to extract an admission from the engineer that the RF radiation levels, which would emanate from the installation, would have exceeded the general population exposure limits deemed safe by the FCC.
Attorney Campanelli has been successful in opposing cell tower applications in Bellmore, Merrick, Wantagh and the Town of Hempstead.
T-Mobile was ordered to take down a new 100-foot monotower erected on property deemed environmentally sensitive (and thus requiring a variance), based upon opposition interposed by attorney Andrew J. Campanelli, a lawyer who had been hired by a group of residents to oppose the cellular company’s zoning application.
After it entered a lease with a Water District in the Town of Huntington, and the lease was signed by all five commissioners of the Water District, T-Mobile proceeded to construct a cell tower on property owned by the District. The new tower’s neighbors retained attorney Andrew J. Campanelli to fight to have the tower removed.
After Mr. Campanelli presented the local zoning board with the fact that, under New York State law, the Water District lacked legal authority to lease out its own property, the Board ordered T-Mobile to tear down the tower – based upon Mr. Campanelli’s argument.
Moms of Merrick (MOMS), and the Telecommunications Task Force of the Merrick Civic Association, are joining forces, and with the help of attorney Andrew J. Campanelli , are moving forward with their efforts to create cell-antenna-free zones around schools.
Moms of Merrick (MOMS) has enlisted the help of attorney Andrew J. Campanelli to persuade the Town of Hempstead to create codes to address the proliferation of cell towers and cell antennae within the Town.
On behalf of Moms of Merrick (MOMS), attorney Andrew J. Campanelli appeared before the Merrick Board of Education and advocated that the Board take a stance, and adopt a formal resolution against the placement of cell towers and wireless facilities on playgrounds and near schools.
Advanced Dermatology of New York, and its principal have agreed to pay $2.75 million dollars to settle a qui tam case alleging that they submitted false claims to Medicare and the New York Medicaid Program. Among the allegations were claims that Advanced Dermatology billed Medicare for services carrying higher reimbursement rates than those which were actually provided. Attorney Andrew J. Campanelli represented the relator together with co-counsel. Mr. Campanelli’s client will receive more than four hundred fifty thousand ($450,000) dollars, a portion of which will be paid as attorneys fees.
Medically Unnecessary Dental Services Allegedly Performed on Children
Forba Holdings, LLC agreed to pay $24 million to resolve a qui tam case asserting allegations that it caused bills to be submitted to State Medicaid programs for medically unnecessary dental services performed on children insured by Medicaid. Attorney Andrew J. Campanelli represented one of the relators together with co-counsel in the District of Columbia.
A Bayville couple sued the village saying their civil rights were violated because Bayville allowed cell-phone antennas to be placed on the Village’s water tower. Andrew J. Campanelli, of Garden City, the attorney for the plaintiffs, filed the suit based upon the assertions that the village is not applying the provisions of the federal Telecommunications Act of 1996, which allows a village to consider restrictive land use agreements to block the installation of cell phone antennas.
A North Dakota defense contractor has agreed to pay $2 million to settle a qui tam (whistleblower) lawsuit within which the relators alleged that the company “had repeatedly shortchanged the armor in up to 2.2 million helmets for the military, including those for the first troops sent to Iraq and Afghanistan.” The qui tam case was filed in the United States District Court, District of North Dakota, by attorney Andrew J. Campanelli, as attorney for the relators.
While the relators’ share of the recovery was $406,350, they stated “It was never about the money, it was about the soldiers.” They were most pleased with the fact that the helmets which contained the defective armor were going to be replaced to ensure that U.S. soldiers got the protection they deserved.
A Long Island couple was charged with two counts of violating a Village of Bayville noise ordinance, and were threatened with up to thirty (30) days in jail, because their two young daughters allegedly made too much noise while playing in their backyard pool at 3:00 in the afternoon on a Saturday.
“I’ve heard that there is no more joyous sound than that of children playing – but apparently not in Bayville,” said their attorney, Andrew J. Campanelli.
Both charges were dismissed upon motion before the Court, by attorney Campanelli.
“Judge throws out case against Bayville couple accused of letting their kids play too loudly in their pool”
Village Court Judge threw out the case after the couple’s attorney, Andrew J. Campanelli, asked that the charges be dismissed.
New York Law Journal
“Accused of stealing signals through a satellite TV antenna their lawyer says they never had, a Lynbrook couple is seeking permission to file a countersuit charging the satellite programming giant DirectTV with racketeering and extortion. “They have no evidence that my clients pirated a signal,” defense attorney Andrew J. Campanelli of Mineola said.”
“Nevertheless, his clients were named as defendants in an action filed in the U.S. District Court for the Eastern District of New York. That suit is one of more than 100 anti-piracy actions filed by DirectTV against more than 400 Long Island defendants since May 2003.”
The federal lawsuit against Mr. Campanelli’s clients was ultimately withdrawn against them.
Officials: Sales of impounded cars grossed $903G this year
Nassau County Executive declares revamped DWI seizure program an unmitigated success. Sales of forfeited drunk driving vehicles grossed $903G in the first 10 months of this year, whereas the program previously only generated an average of $58,000 per year in the previous years of 1999, 2000 and 2001. The difference, the County Executive said, is a contract with attorney Andrew J. Campanelli, for him to run the program and handle the prosecution of DWI forfeiture cases. Although the DWI seizure program reduced drunk driving offenses in the County by one third, it had been operating so inefficiently, that forfeiture cases languished, and seized cars sat in storage, with storage costs rising as high as $1,000 per day. Under Campanelli’s control, storage costs were reduced by ninety (90%) percent.
In the first year within which the County of Nassau retained Campanelli to run its DWI seizure program, Campanelli increased the rate of disposition of the County’s forfeiture cases by one thousand five hundred (1,500%) percent, and he increased the revenues generated by the program by more than one thousand eight hundred (1,800 %) percent, with more than $1.1 million collected in cash, and an additional $350,000 worth of vehicles being forfeited to the County in 2002 alone.
New York Law Journal
In a case of first impression, a United States District Court Judge has ruled that a developer’s right to file zoning applications falls within the protections guaranteed under the 1st Amendment. The Court agreed with the developer’s attorney, Andrew J. Campanelli that the filing of zoning applications falls within the purview of petitioning government for the redress of grievances, which is explicitly afforded protection under the 1st Amendment. As such, the plaintiff developer can proceed to trial based upon its claim that the Town of Southampton retaliated against it for having filed an application seeking to build a McDonalds restaurant to which Town planners were opposed.
Three days into trial, the Town agreed to settle the federal lawsuit, which Mr. Campanelli had filed in federal court, by paying Mr. Campanelli’s clients $250,000 in damages, granting them permission to build a 25,000 square foot supermarket on property which was zoned “residential” and granting them an additional approval to construct a 10,000 square foot office building across the street.
Developers who were seeking to build a McDonalds restaurant in Hampton Bays won a “major court victory” when a state Supreme Court Judge nullified a Southampton Town Law and reversed a denial of a building permit application for the McDonalds.
Andrew J. Campanelli, an attorney representing the developer, Hampton Bays Connections, also filed a federal lawsuit within which the property owner and developer are seeking $17 million in federal court for alleged civil rights damages.”
Mr. Campanelli’s clients were ultimately successful in obtaining the building permit for the McDonalds restaurant, which was then built, and is operating. The Town additionally agreed to settle the federal lawsuit which Mr. Campanelli had filed in federal court by paying Mr. Campanelli’s clients $250,000 in damages, granting them permission to build a 25,000 square foot supermarket on property which was zoned “residential” and granting them an additional approval to construct a 10,000 square foot office building across the street.