Minutes offer insight into FD probe

Executive session minutes redrafted by the Oak Bluffs select board following an Open Meeting Law complaint filed by The Times show attorneys thought the U.S. Department of Justice would “walk away” from its pursuit of Medicare/Medicaid overbilling by the town’s fire and EMS department. 

The minutes, and legal invoices obtained by The Times, show two people in particular who were in close orbit of former Fire and EMS Chief John Rose appeared to have been of interest to the FBI. Those two people were Julie Brewer, a former paramedic at the department, and Matt Bradley, presently a lieutenant at the department. Through Oak Bluffs Fire and EMS Chief Nelson Wirtz, Bradley declined to be interviewed for this story. Brewer could not immediately be reached for comment. There is no evidence that shows either Bradley or Brewer have been charged with any crimes, or have been subject to any civil penalties. 

David Apfel, a prominent Boston lawyer hired by the town at $1,220 per hour, gave the select board a synopsis of where things stood on Sept. 22, 2020, in an executive session. 

“Attorney Apfel reported that the end is in sight, and cautiously predicted that the government would ‘walk away’ without criminal charges being brought against anyone. He further indicated that the town might be responsible to reimburse Medicare and Medicaid for overbilling for mileage on certain trips. But he explained that the amount of the overbillings was very small.” 

The minutes reflect that Apfel told the board the pandemic had drawn out the investigation. 

Apfel told the board, the minutes show, that an attorney for John Rose believed, after having spoken to “a well-placed source,” that the cases wouldn’t “proceed against anyone.”

The minutes also state, “Mr. Apfel reported that although he has not seen evidence to support the allegation, the government seems to believe that John Rose committed intentional fraud. He further reported that although there is no evidence that Matt Bradley did anything wrong, the government seems to think he is lying to protect John Rose. The government has suggested Bradley lied about a phone call having been made, but there is an email that corroborates the fact of the phone call. Apfel has provided that email to the government. Ultimately, the government’s interest in Bradley appears to be nothing more than an effort to get at Rose.”

The minutes further state, “Apfel reported that the government liked Matt when they interviewed him, and recognize that he is a war hero and good man. But they believe he is protecting John Rose. Apfel noted that he is in regular touch with Matt’s counsel, and that Matt is in good hands.”

That counsel, records show, was Max Stern of the Boston firm Todd and Weld. The Town of Oak Bluffs paid Stern $600 per hour to represent Bradley. The sum total of invoices for representing Bradley amounted to $15,180. The town also paid for Brewer’s representation. Boston lawyer Frank Libby Jr. of Libby Hoopes Brooks represented Brewer for $675 per hour. His fees were more than double Stern’s. The Times is still working on the exact total. 

Apfel told the board, the minutes show, that he believed Brewer was no longer of interest to the FBI.

“Apfel also indicated that based on separate discussions he has had with Julie Brewer’s counsel and reading between the lines of his conversations with the government, that the government has lost interest in Julie,” the minutes state. “Apfel also noted that John Rose’s attorney has talked to the government, but John has not been in to speak with the prosecutors or the FBI directly. Apfel indicated that he was cautiously optimistic that it would wrap up in the early part of 2021.”

Earlier in 2020, Goodwin Proctor invoices (Apfel’s firm) show work was afoot not only to analyze ambulance billing and mileage but also that of MedFlights and U.S. Coast Guard medical evacuations. Oak Bluffs Fire and EMS routinely assisted with both types of medical transport, as The Times previously reported. The invoices also show several members of the fire and EMS department were legally prepared for grand jury testimony. In the fee breakdown of one Goodwin Proctor invoice, discussion of the “government’s decision to obtain court-ordered immunity for J. Brewer” is noted. However another, dated Aug. 13, 2020, touches upon “J. Brewer’s exposure, strategy for avoiding indictment.” 

On the same date, a review of “false statement” allegations against Bradley is noted, as is a review of a recent Martha’s Vineyard Times article. On Aug. 10, 2020 The Times published digitally and later in print “An $8,000 ambulance trip to Woods Hole” that covered one man’s ordeal with ambulance billing from Oak Bluffs. 

Oak Bluffs used to provide ambulance service for Martha’s Vineyard Hospital. Chief Wirtz said that contract came up last year, and he opted to not renew it in late spring. In terms of personnel and cost, he said, the service had become no longer feasible. The hospital subsequently contacted with a private ambulance service, he said. The Times requested the hospital’s new ambulance contract, along with any similar contracts since, via email on Sept. 8. After a question the next day to learn more about what The Times was looking into, hospital spokesperson Marissa Lefebvre provided no other responses to the request.  

The redrafted executive session minutes don’t reflect all that was stated in the original set of minutes. The board eliminated language and figures in its redraft.

“John Rose committed fraud, Matt Bradley covered up,” the original minutes state. “There is an email that confirms a phone call. All overbilling totals $4,000 in 2014 and $7,300 in 2011. They claim that fraud was broader. With respect to all off-Island trips, but they have no evidence, but they are looking for a mileage chart. The feds think Matt Bradley made false statements, just trying to get to John Rose. They liked Matt, feel he is a good guy. He has good counsel so he will be ‘ok.’ Julie Brewer is no longer a suspect. John Rose’s attorney has talked to the government, but John has not been asked to talk to them.”

As The Times previously reported, Rose strenuously denied committing fraud. Rose told The Times Wednesday he couldn’t speak to how and why Bradley and Brewer appeared in the minutes and in other records. 

“About the only thing I can say is both of them were extremely dedicated and good employees that gave 100 percent to the department,” Rose texted. “Both of them were amazing paramedics.” 

When asked about Bradley and Brewer, FBI spokesperson Kristen Setera declined comment.