quidni pro quo

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Thursday, May 24, 2007

FBI seizes Access HealthSource CEO's vehicles

Followup on the NCED debacle:

Apodaca target of FBI warrant
By David Crowder / El Paso Times
Article Launched: 05/24/2007 12:00:00 AM MDT

FBI agents seized two cars and a motorcycle Monday belonging to Frank Apodaca, president and CEO of Access HealthSource and president of its parent company, the nationally traded Precis Inc.

The latest move appears to be part of the mushrooming criminal investigation that has seen federal agents hit the offices of elected officials at the County Courthouse, various businesses, homes and other offices during the past 13 months.

Apodaca's lawyer, Ray Velarde, confirmed that the FBI agents, acting on a seizure warrant, took Apodaca's 2004 Cadillac Escalade, 2002 Mercedes Benz and Harley-Davidson Road King motorcycle at Apodaca's Upper Valley home in the 5200 block of Hunter's Glenn Court.

"They left his wife's car," Velarde said.

He said the warrant was based on a sealed affidavit that was signed at 2:55 p.m. Monday and presented to Apodaca at his Access office at 3:30 p.m. The agents escorted Apodaca to his home, where they took possession of the vehicles, Velarde said.

"We have no knowledge about their reasons to justify the seizures, but we intend to recover these vehicles because, in fact, they are not subject to seizure," Velarde said. "We're not acknowledging any kind of wrongdoing.

"If anything is seized, it is only because something can be proven."

He said the vehicle seizure was Apodaca's first encounter with the FBI since September, when agents searched his home and the offices of Access HealthSource.

Last week, an estimated 75 FBI agents searched the offices of County Judge Anthony Cobos and Commissioners Luis Sariñana and Miguel Terán, seizing documents and electronic data stored on computers and other devices.

The first search that became public in the investigation occurred at Hospice of El Paso in April 2006.

A month later, federal officers from four agencies executed search warrants at the headquarters plant of ReadyOne Industries, then known as the National Center for Employment of the Disabled and the NCED-owned offices of Physicians Healthcare Management.

Joe Spencer, the lawyer for NCED's former president and CEO, Robert E. "Bob" Jones, has said his client is the target of a federal investigation.

In September, agents searched the offices of Access HealthSource, which was owned by NCED until 2005, as well as Apodaca's home and the home and personal office of former county judge and lawyer Luther Jones.

Access HealthSource is a third-party administrator that has handled the self-fund health benefits plans for more than 60,000 employees and dependents of the city of El Paso, the county and the El Paso, Ysleta, Socorro and Canutillo school districts.

FBI Assistant Special Agent in Charge Tim Kinard would not confirm the agency's seizure of Apodaca's vehicles or discuss the reasons for such a seizure.

"In these kinds of cases, we can't comment because anything we say can be construed one way or the other by one person or the other," Kinard said. "That's why we have to be close-lipped."

Velarde said, "My guess is they are trying to maintain the status quo so that when the investigation is resolved, nothing will have been sold or given away."

David Crowder may be reached at dcrowder@elpasotimes.com; 546-6194.

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