Vascular Solutions CEO Howard Root: Predictive Patterns in Unethical Corporate Behavior
February 29, 2016
Updated March 7, 2016
Friday, of last week, Who Pays $520,000 for a Speeding Ticket When they Claim They Don’t Have a Car? VSI & CEO Howard Root Acquitted of Criminal Charges but Not Innocent was posted on this site. Root’s verdict was read from a San Antonio courtroom, despite his residing in Minnesota; and, someone from the San Antonio area, unethically* spent 11 hours on my site, focused mainly on the story above. This stuck out for several reasons: 1. It was a Friday (not a lot of traffic usually) 2. The story has less that 300 hits (some interest but not record-shattering) but fact-based evidence coupled with not ignoring coincidence (something I’ve learned my from attorneys and a few other friends) I could predict the outcome of the following events per The Sociopathic Business Model™, first confirmed this morning the law firm of Fredrickson & Byron, P.a from Minnesota, where Root resides, visited the site looking at the same links the person above did for 11 hours.
*bandwidth abuse is a tactic often used to try and slow traffic to the site.
(Subcategories): male, white, heterosexual, executives
The Sociopathic Business Model™
Selective Tolerance A
Abusive: male, white, heterosexual executives representing companies, confronted by their own negative truth, especially by a woman, their first reaction, is usually poor behavioral control*, followed by manipulation of facts while not recognizing the rights of others without shame, remorse, guilt or accountability as a means to try threaten & intimidate, first legally, and if that doesn’t work possibly resorting to unethically paying an astroturfer to illegally and anonymously post false information about the person who exposed the truth.
*while, at this time, it can’t conclusively, be confirmed Root was on the site for 11 hours; but, logic reason and fact-based evidence supports, at the very least, the possible theory.
I laughed and sighed with relief when further confirmation of The Sociopathic Business Model™ predictably hit my inbox today from Fredrikson & Byron who, wait for it, represents, yep you guessed it, acquitted on criminal charges BUT still paid $520,000 in DOJ civil damages, Vascular Solutions CEO Howard Root. Unlike Abbott’s Abbvie’s CEO Richard Gonzalez who lied about having two college degrees, his attorneys at Kirkland & Ellis, realized their client didn’t have a legal leg to stand on, poor Leah C. Janus of Fredrikson & Byron stated she/we represent Howard Root and were writing on his behalf. Well, that’s inconsistent & contradictory language to action, that Root’s attorneys wouldn’t be reaching out on behalf of the company and the company’s CEO but just the newly acquitted (not the same as NOT guilty) CEO, their client. Most people don’t react to getting a letter on attorney letterhead by laughing; and, that’s in no way said to demean or insult Ms. Janus, she’s doing what she’s been instructed to do by her client, but I find this letter very vindicating.
According to Janus/Root, I made the following false and defamatory statements, which I view as nothing more than unfounded, frivolous allegations, meant to threaten & intimidate and I view this as retaliatory for exposing the negative truth VSI/Root would rather remain hidden, and I will make no corrections:
“unchecked and illegal behavior on behalf of the company.”
That statement doesn’t exist and is a manipulation of:
Root desperately tried to shield his crimes behind the First Amendment
Joe Carlson, of StarTribune, chose the words, deploy defense against but both are protected by the First Amendment. But one of us is a male and I’m not. Retaliation & sexism, two of the three highest EEOC claims in medical device industry. Except I’m not one of Root’s employees.
Wow, vindicated but he/the company paid the civil fine of $520,000 because DOJ had them dead-to-right; that’s not vindicated that’s an admission of wrongdoing, no matter how you slice it.
I am using my First Amendment right to state that innocent companies do not pay DOJ fines without cause. Root’s attorney manipulates the facts without recognizing the rights the public and my First Amendment right when she states: In the previous civil settlement, the company made no admission of fault or liability and the US Attorney’s dismissed the civil lawsuit with prejudice and released of all civil claims brought against the company.
- It’s a settlement, meaning there was some level of wrongdoing where both sides negotiate. A settlement is not dismissing the charges outright, it’s trying to get away with as much as the government will let you while you try and avoid the tag criminal.
- “The settlement announced today should make it clear that the Department of Justice will pursue companies that knowingly promote medical devices for unapproved uses, causing federal health care programs to pay for services that cannot be reimbursed,” said U.S. Attorney Robert Pitman for the Western District of Texas.
- I know that medical device companies are always looking for “concessions,” for their wrongdoing from the government.
- I know that made no admission of fault or liability IS NOT THE SAME to innocent of all charges. These are words are phrases negotiated at the settlement Code of Conduct/ Corporate Integrity agreement between DOJ, HHS-IOG, FDA & CMS, who agree not to call criminals, criminals as part of the negotiation settlement where a company instead pays a fine or damages (ahem $520,000).
- “Medical device manufacturers that ignore rules designed to protect patients in order to boost profits will be held accountable for their actions,” said Special Agent in Charge Mike Fields for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), Dallas region. “We will continue to work with the Department of Justice to root out all forms of waste, fraud, and abuse in our federal health care programs.”
- I know that the language in every federal government civil settlement ends with US Attorney’s dismissed the civil lawsuit with prejudice and released of all civil claims brought against the company. I know that Root’s attorney shamefully implying that this language means VSI and Root did not do anything wrong, when the opposite of that is true, is obscene. I am appalled that release language used on any case once a settlement is reached, was maliciously twisted to imply corporate innocence.
- I know that innocent people DO NOT silence whistleblowers or hire attorneys to silence First Amendment rights.
- The allegations resolved by today’s settlement were raised in a lawsuit filed against VSI by DeSalle Bui, a former sales representative at VSI, under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens with knowledge of false claims to bring civil actions on behalf of the government and to share in any recovery. Mr. Bui’s share of the settlement has not been determined.
THIS is what happens when we, the people, let two known corrupt industries (medical device & the government) negotiate on behalf of the American people behind closed doors. THIS is why we as taxpaying citizens must pay attention to these cases and the way everyone from the Attorney General’s office to the medical device companies #PRSpin the fraud. THIS is why I will not change one word from my original post and this is why I’m telling Ms. Janus to tell the unrepentant, abusive, dishonest, VSI CEO Howard Root to go fuck himself, somehow I have a feeling Ms. Janus may even enjoy relaying my message. Please also advise Mr. Root, should he again choose to try and threaten & intimidate me legally with such frivolous and unfounded claims, they’ll not be met which such a polite response.
I demand that Vascular Solutions & Root immediately change & rerelease the press releases to all original receivers to reflect the correct legal language of acquitted of all criminal charges while retracting in writing that it is not the same as Not Guilty as is shown on VSI website reflected in the screenshot below. Please provide proof of this change within (seven) 7 days.
And, here’s more unethical #PRSpin VSI’s CEO Howard Root:
Howard Root: I’m ‘not guilty,’ yes, but outraged by unjust prosecution. An op/ex. https://t.co/6P0Cn3ZuPd
— Star Tribune Opinion (@StribOpinion) March 4, 2016