While Walker had not worked with the Federal False Claims Act before, he had worked on cases without federal statutes, Waterman said.
He went on to explain that Walker found several red flags as he worked on the city's case that led him to suggest a settlement rather than a trial. The city had duplicate records of calls, suggesting they had been changed to get a higher reimbursement. Also, firefighter Andy McGovern, who was in charge of training the coding procedures, had been asking for the city to outsource ambulance billing and for Clinton County to institute a dispatch protocol since 2002, Waterman said, which Walker
believed would not look favorable for the city.
Walker also believed McGovern would not have made a good witness. He did not depose Schultheis, Waterman said, because he did not want McGovern to be deposed.
An "extreme level of problems" in the city's finance department, where bills were sent out for reimbursement, as well as missing e-mails concerning the EMS codes were also cause for Walker's concern, Waterman told members of the jury.
Walker also felt he could not prove the city didn't act with deliberate disregard or ignorance when it coded at the higher rate.
"The trouble was the facts. They were billing incorrect and in notice of that and didn't do anything," Waterman said.
With opening statements delivered, the city will call former fire chief Mark Regenwether as its first witness Tuesday afternoon.