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United States of America v. Gautam Gupta

September 14, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GAUTAM GUPTA, JAANA MONIKA VIRTA-GUPTA, AND GAUTAM GUPTA, M.D., LLC, D/B/A THE NUTRITION CLINIC, DEFENDANTS.



The opinion of the court was delivered by: Sue E. Myerscough United States District Court

Wednesday, 14 September, 2011 06:47:36 PM

Clerk, U.S. District Court, ILCD

OPINION

The Nutrition Clinic, by its attorney John Gilbert, agree and stipulate as follows for a Stipulated Preliminary Injunction:

1. The parties have reached an agreement regarding a 30-day extension of the terms set forth in the Temporary Restraining Order (d/e 7), except as modified below.

2. The parties agree that an injunction pursuant to 18 U.S.C. § 1345 should be issued.

3. This preliminary injunction issued pursuant to 18 U.S.C. § 1345 should be in effect through and including October 13, 2011.

4. Except as expressly provided below, the parties agree to a Stipulated Preliminary Injunction that enjoins and prohibits Defendants Gautam Gupta (Gupta), The Nutrition Clinic, Virta-Gupta and their agents, employees, attorneys, and all persons in active concert or participating with them, including all banking and other financial institutions at which they do business, business partners, and all other corporations over which the Defendants Gupta, The Nutrition Clinic, and Virta-Gupta exercise control or have an ownership interest:

(1) from alienating, withdrawing, transferring, removing, dissipating, or otherwise disposing of, in any manner, any moneys or sums presently deposited, or held on behalf of Defendants Gupta, The Nutrition Clinic, or Virta-Gupta by any financial institution, trust fund, or other financial agency, public or private, that are proceeds from the $2.3 million in fraudulent claims made by Defendants Gupta, The Nutrition Clinic, or Virta-Gupta, or any moneys of an equivalent value to those taken through false, fictitious, or fraudulent claims;

(2) from alienating, withdrawing, transferring, removing, dissipating, or otherwise disposing of, in any manner, assets, real or personal, whose value is up to $2.3 million;

(3) from interfering with, transferring or disposing of any assets up to $2.3 million in value owned by Gupta, The Nutrition Clinic, Gautam Gupta, LLC, and all other companies, businesses accounts and assets in any way related to Gupta.

5. The parties further agree that Defendants Gupta, The Nutrition Clinic, Virta-Gupta, their agents, employees, attorneys, and all persons acting in concert and participation with them, including all banking and other financial institutions at which they do business, business partners, and all other corporations over which Defendants Gupta, The Nutrition Clinic, or Virta-Gupta exercise control or have an ownership interest must:

(A) Preserve all business, financial and accounting records, including bank records, which detail Defendants Gupta's, The Nutrition Clinic's, or Virta-Gupta's business operations and disposition of any payment which directly or indirectly arose from the payment of money to the aforementioned Defendants on behalf of any healthcare benefit program;

(B) Preserve all medical records, including patient records, which relate to Defendants Gupta's, The Nutrition Clinic's, or Virta-Gupta's business operation and/or to services for which claims were ...


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