ADVANTAGE CLAIMS RECOVERY GROUP Pam Davis, Richard Davis, Richard Davis, Jr. I was an employee of Pam and Richard Davis and they are scum. Dallas, Texas

The information which follows is provided in response to numerous recent internet postings (beginning 11/17/09)  by James C. Baxter submitted anonymously under a variety of pseudo-individuals. The information below may be corroborated through the Harris County, Texas litigation case file and the deposition testimony of James Baxter. (see below for specific case and contact information).

James C Baxter (Baxter) is a racist, delusional, disgraced Texas chiropractor unable to hold a job or make a living through normal means. He is an admitted drug user and abuser (Morphine and Oxycontin), pathological liar, thrice divorced loner who set up dozens of Texas corporations in a feeble attempt to disguise his real person and to avoid a multitude of creditors and judgments which have been rendered against him individually and/or his companies. Baxter has been investigated by numerous law enforcement agencies, been charged with multiple crimes, has been placed on criminal probation. His business offices have been raided by the FBI and he has been disciplined by the Texas Board of Chiropractic Examiners. Baxter has also filed for bankruptcy on numerous occasions. In 2009 alone, Baxter filed for bankruptcy protection twice. He is truly a pathetically sad, disturbed individual who needs professional mental help. Baxter initiated litigation against Advantage Claims Recovery Group, Inc. (Advantage), a Texas corporation, seeking damages. The following is a general history of the relationship between Baxter and Advantage.

In February, 2003, Baxter approached Advantage at their corporate offices in Dallas, Texas. Before its initial meeting with Baxter, Advantage had never worked with or heard of Baxter.

Advantage provides very specialized collections services to the medical industry. It works to collect money on aged medical receivables which are over 1 year old and which have previously been submitted to insurance providers but were rejected in part or in whole. More simply, medical professionals seek Advantage services only when the professional has tried and failed to collect on their accounts from the insurance companies and the accounts have become stale.

Advantage offers two compensation options to the medical professionals who seek its collection services.  If requested, Advantage will enter into a contingency fee agreement with the professional in which Advantage and the professional split (approximately 50/50) the money recovered on the files submitted to Advantage by the professional (“Option 1”). Alternatively, Advantage will purchase the professional’s receivables for cash (“Option 2”). The professional may choose either option which are listed and described in no particular order.

Baxter chose the Option 1 and signed a contract with Advantage which defined the obligations of each party. Baxter also provided a copy of his Texas driver’s license to prove his identity to Advantage. With the Option 1, Baxter delivered his stale patient files to Advantage and Advantage commenced work. Over its many years of operation, Advantage has learned that a certain percentage of the funds recovered through its work is sent directly to the professional [client] and a certain percentage of funds recovered is sent to Advantage of the money owed by Advantage under its contract. This same obligation would be imposed on the client.

Advantage began collecting on the Baxter files and sent Baxter the required monthly reports, copies of the payments received and Baxter’s share of the money collected. Over several months, Advantage sent Baxter approximately $50,000 along with its periodic reports. During that same period, Baxter never sent a report or payment to Advantage and avoided providing any information to Advantage required under their contract. When Advantage discovered that Baxter had received money but had not reported it to Advantage, Advantage made demand on Baxter for a complete accounting. Instead of honoring his agreement, Baxter terminated the contract with Advantage and filed a lawsuit against Advantage in the 164^th District Court of Houston, Texas, Cause No, 2005-37518 styled Protech Evaluation Services, Inc and James Baxter et al vs. Advantage Claims Recovery Group, Inc. et al. Baxter sought $12,000,000.00 in damages. Among many other allegations and claims, Baxter alleged that he [Baxter] suffered “diminished mental capacity” and that Advantage somehow “duped” him into signing the Advantage contract. When Advantage sought Baxter’s medical records to support his diminished capacity claim, Baxter refused to provide his medical history documents then abandoned this allegation. Baxter also alleged Advantage “wrongfully” and “illegally collected” on his patients’ files. Conveniently, Baxter had no problem accepting the money Advantage sent to him before Baxter unilaterally terminated the contract between him and Advantage. Baxter also has “alleged” that Advantage and its principals are members of or connected to the Russian and Nigerian mafia. In various pleadings and in his deposition, admitted he injected morphine and used Oxycontin. Baxter also testified under oath that he is a professional race car driver. When pressed, he could not produce a racing license nor identify where he was sanctioned to race.

Over 4 years of litigation, Baxter has been represented by three different Houston law firms. All of Baxter’s attorneys are reputable and have been very capable. Each has withdrawn and dismissed Baxter because of his fabrications. None of Baxter’s attorneys charged Baxter for their services to him; each represented Baxter on a “contingency legal fee” basis which means that Baxter’s attorneys planned to be paid when they collected on Baxter’s claims from Advantage. Thus, Baxter cannot say that he could not afford the legal fees he was charged because he [Baxter] would only be obligated to pay legal fees from money collected if he prevailed.

In 2008, the Court ruled that Baxter failed to present ANY evidence in support of his scurrilous claims against Advantage. The Court signed numerous summary judgments orders in favor of Advantage and against Baxter dismissing all of Baxter’s claims against Advantage. IN OTHER WORDS, BAXTER LOST!!! The sole claims remaining in the current litigation are Advantage’s claims against Baxter for breach of contract.  Advantage expects to prevail. In Advantage’s almost two decades of services to thousands of medical professional, it has been sued only once by a client. That client was James C Baxter.

If the reader desires additional documentation, copies of court orders or information in support of the above, including but not limited to the notarized signature of James Baxter as well as a copy of Baxter’s Texas Drivers License, you may contact the 164^th District Court of Harris County, Texas (Case No. 2005-37518)

 

THIS COWARDLY COLLECTION OF LIES WAS, IN FACT, WRITTEN BY ACRG ATTORNEY, RANDALL ACKERMAN!!

Although this rebuttal was deceptively signed “a concerned citizen” sworn testimony in a hearing on December 4, 2009 in U.S. Federal Court in Houston Texas reveals that Advantage Claims Recovery Group’s lead attorney, Randall Ackerman wrote the letter!  Following is a transcript of the court testimony: 

Judge Jeff Bohm-(to Dr.Baxter, ProSe’ counsel)”Do you wish to call any witnesses? I’m not requiring you; I’m just asking you…

Dr.Baxter:”Yes, your honor, I’d like to examine Mr. Ackerman” (Ackerman takes the stand, still under oath)”Your honor, may I approach the witness with this document”

Dr.Baxter:”Mr.Ackerman, do you recognize this document” (Baxter shows document –“RIP OFF REPORT REBUTTAL”, Exhibit 1 attached to this motion to Ackerman)

Randy Ackerman: “No, I don’t recognize that document”

Dr.Baxter: “Did you write the document”

Ackerman:” Your honor, I would invoke attorney/client privilege”

 

Judge Jeff Bohm: “I’ll overrule-The question is,” Did you write the document and there’s nothing privileged about that”

Randy Ackerman:”Yes, I wrote the document”

This sworn testimony in U.S. Federal Court by ACRG attorney, Randal Ackerman proves that once again Ackerman has committed perjury in a court of law. For verification of these events you may contact the court at 713 – 250 – 5405.

It is bad enough that Ackerman testified under oath that he had never seen the Rip Off Report document then admitted that he actually wrote it, but most of the statements he made in this letter are false. Ackerman knowingly and maliciously made perjured statements throughout this letter in a malicious and cowardly scheme to slander me.

The following is my rebuttal:

Lie #1: “the information which follows is provided in response to numerous recent Internet postings (beginning on 11/17/2009) by James C. Baxter submitted anonymously under a variety of pseudo – individuals”.

The Truth: the postings Randall Ackerman, (partner in Ackerman and Savage Law Offices, Dallas TX) is referring to were postings made on Rip Off Report, by various doctors across the country who have been victimized by ACRG and former Advantage Claims Recovery Group employees and were signed as such. I have been contacted by many  of these individuals and they all have similar stories –they report that Advantage stole the identities of doctors, forged signatures, notarized forged signatures, diverted U.S. Mail to their own post office boxes without the doctors’ knowledge or consent, forged  contracts, and forwarded doctors mail to themselves without the doctors’ knowledge or consent. These individuals have sent me hundreds of documents that corroborate these statements. Furthermore, Pam Davis’ former personal assistant, contacted me and told me and told me the following: “Pam and Richard Davis made me notarize doctors’ signatures that I had witnessed their son, Richard Davis Jr. forge. This was standard practice at Advantage. I saw the document that you sent to Pam Davis terminating your contract in September of 2003, but I know for a fact that Davis has been diverting your checks to her Po Box and has been depositing your checks ever since” . “In fact as late as January, 2008 I saw Davis collect a check made out to you”. “When a doctor terminates his contract, Davis routinely continues to divert his mail and steal his checks. She has a separate drawer where she keeps these checks and she waits several weeks to see if the doctor discovers her theft. If the doctor does not complain after a few weeks she goes ahead and deposits his check”. Of her own volition, this former Pam Davis assistant signed a sworn affidavit stating the preceding facts. When Randall Ackerman discovered that this assistant had told the truth, he immediately filed a frivolous suit against her, threatening criminal prosecution if she testified, thereby tampering with my main witness and intimidating her, resulting in her refusing to testify. In fact, Ackerman scared her so badly that she cannot be located. Furthermore, when a Texas doctor sent me a sworn affidavit that Pam Davis had forged his signature on a contract, had diverted his mail, and had cashed his checks with no authorization, Randall Ackerman sent the doctor a threatening letter and now the doctor is scared to testify against these criminals.

 

Lie #2:

“James C. Baxter (Baxter) is a racist, delusional, disgraced chiropractor unable to hold a job or make a living through normal means”

 

The Truth: My past history reveals that I am certainly not a racist. In my 28 year career of treating more than 15,000 patients, the vast majority of the patients I treated were injured, disadvantaged, non-Caucasian citizens. Furthermore, the majority of my employees in my career have been non-Caucasian individuals.

 

“delusional, disgraced TX chiropractor unable to hold a job or make a living through normal means” -- I don’t know where that came from, but it is certainly untrue as my patients, family, and friends would attest to.According to The Commision,I am the largest provider of Worker’s Compensation services in Texas history;hardly “unable to hold a job”.

 

Lie #3 “ He is an admitted drug user and abuser (Morphine and Oxycontin), pathological liar, thrice divorced loner who set up dozens of Texas corporations in a feeble attempt to disguise his real person and to avoid a multitude of creditors in judgments which have been rendered against him individually and/or his company’s.

 

The Truth: as I stated in my deposition, which is supposedly where Randal Ackerman got these purported “sworn statements”, I am suffering from a disabling spinal cord disease called” reflex sympathetic dystrophy”. As I testified to in my deposition, my treating physicians have prescribed morphine and oxycontin to relieve the severe pain that this disease causes. At the instruction of my physicians, both I and my wife (who is an R.N.) administered the morphine in the prescribed injectable form.  I have never abused any of my prescribed medication and contrary to Ackerman’s assertions; there is no evidence whatsoever to support his perjured statements.

  “Pathological liar”? All of the statements I have made regarding this case are true and can be verified by the mountain of  evidence myself, former ACRG employees, and many other victimized doctors  have presented to the Court proving that Advantage Claims Recovery Group, AKA Pam and Richard Davis have committed identity theft, mail fraud, wire fraud and insurance fraud. These facts were verified to me by United States Governmental Investigators. These governmental investigators  told me that Pam and Richard Davis were engaged in interstate organized crime and they were committing these crimes against thousands of physicians and hundreds of insurance companies nationwide.

 

“Thrice divorced”? I have been divorced only once after 30 years of marriage.

 

“loner”, I don’t know where that statement came from. I am happily married to a wonderful woman, have six loving, devoted children, have thousands of grateful patients and associate with many close friends and doctors across the country.

 

“Set up dozens of Texas corporations in a feeble attempt to disguise his real person….”--the only feeble attempt being made here is Randall Ackerman maliciously distorting the facts and again committing perjury. He is well aware that I have not owned “dozens of corporations”. “Dozens” by definition means more than 24,and the records reflect that in my entire 28 year career I have never owned anywhere near that number of corporationsThere is no evidence or testimony whatsoever that supports these perjured statements. The records show that on advice from my CPA, I compartmentalized the various medical specialty divisions of my organization for accounting and tax purposes. For example, one corporation/entity provided radiology services, whereas another corporation/entity provided chiropractic services, whereas another corporation/entity provided durable medical equipment, and so on.

 

Lie #5 -“Baxter has been investigated by numerous law enforcement agencies, been charged with multiple crimes and as been placed on criminal probation”

 

The Truth: a routine comprehensive audit was performed on one of my divisions which were conducted by the Texas Workers’ Compensation Commission, who according to  Texas Law was required to use local law enforcement agencies to collect, and audit my medical files. Following an exhaustive detailed audit of thousands of my medical files which contained tens of thousand documents, the agencies mentioned found not one single violation. I was never charged with any infraction whatsoever.

 

Lie #6: “in February, 2003, Baxter approached Advantage at their corporate offices in Dallas, Texas. Before its initial meeting with Baxter, Advantage had never worked with or heard of Baxter.”

 

The truth: This is a blatant lie. I initially met Richard Davis at a chiropractic license renewal seminar in Houston, Texas. He had rented a booth to advertise his business, Advantage Claims Recovery Group. The court records reveal that this is the typical manner that Advantage recruits unsuspecting doctors into their fraudulent rebilling scam.

 

Lie #7- “Advantage offers two compensation options to medical professionals who seek its collection services. If requested, Advantage will enter into a contingency fee agreement with the professional in which Advantage and the professional split (approximately 50/50) the money recovered on the files submitted to  Advantage by the professional ( “option 1”). Alternatively Advantage will purchase the professionals receivables for cash (“option 2”). The professional may choose either option which are listed and described in no particular order. Baxter chose “option 1”and signed a contract with Advantage which described the obligations of each party”.

The truth: The record and sworn testimony  reflects that this is a total premeditated lie. At the time I met Advantage they did not offer an “Option 2”. They only recently began offering that option.  The other lie is that I signed a valid contract with Advantage. In sworn testimony in his deposition an ex employee of Advantage testified that I signed a blank document he presented to me and he later filled in the details of the purported contract around my signature!

 

 Lie #8 “Advantage began collecting on the Baxter files and sent Baxter the required monthly reports, copies of the payments received and Baxter’s share of the money collected…”

 

The Truth: My agreement with Advantage was that they would catalog my files only and list the patient names, insurance company’s names and balances  and that we would meet at a later date to discuss their proposed involvement (if any) in my collections. I told them that I was rebilling insurance companies through my own collection entity, Enterprise Medical Solutions,Inc. and we agreed that they would take no action whatsoever on rebilling my accounts until we met and finalized an agreement. Instead of honoring this agreement, Advantage began rebilling and collecting checks made out to me on all of my accounts! Despite numerous requests by me and my attorney that they cease and desist rebilling my patient accounts, they ignored these demands and refused to send me the detailed accounting  reports my attorney had requested on multiple occasions.  Dozens of physicians across the nation have contacted me and have sent me sworn statements and verifying documents that they had the same negative experience with Advantage. Furthermore, Advantage acknowledged in a sworn motion they filed with 164^th District Court in Houston Texas that “Baxter terminated the contract with them in September, 2003. “The court records and sworn testimony prove that Advantage ignored the contract termination and continued to rebill my patient accounts, divert my insurance checks to their PO Box and keep all of the money that they fraudulently diverted for the next five years. Furthermore, an investigation conducted by the United States Postal Inspectors, the Texas Department of Insurance and by the fraud investigations unit of Zurich Insurance Company revealed that Pam and Richard Davis are still illegally diverting and stealing my mail to this day!

 

Lie #10: “Baxter also alleged that Advantage and its principals are members of and are connected to the Russian and Nigerian mafia.”

 

The Truth: My attorney and I have met with the U.S. Postal Inspector, and two fraud investigators employed by the fraud division of Zurich Insurance Company on several occasions. They informed us that they had conducted an undercover investigation of Advantage Claims Recovery Group and Pam and Richard Davis. They told us that “Pam and Richard Davis are engaged in mail fraud, wire fraud, identity theft and insurance fraud and that. “It is not a question of if they are going to prison, but the question is for how long”.

 

Lie #11- “Baxter also testified under oath that he is a professional race car driver. When pressed, he could not produce a racing license….”

 

The Truth: I don’t know how this is remotely connected to this case. The truth is that I have been racing since I was twelve years old. I turned professional when I was eighteen and have driven practically anything that has wheels on it. My son and I have raced professionally in several different types of race cars as team in the United States, Mexico, and Canada. I do not normally take my racing license to depositions.

 

Lie #12- “all of Baxter’s attorneys are reputable and have been very capable. Each has withdrawn and dismissed Baxter because of his fabrications.  None of Baxter’s attorneys charged Baxter for their services to him”.

 

The Truth: I have spent tens of thousands of dollars of my own money in my exhaustive attempt to bring the criminals Pam and Richard Davis to justice. Randall Ackerman is again knowingly and willfully committing perjury. I have personally produced to Ackerman documentation showing more than $10,000.00 billed me by my attorneys.

 

Lie #13- “in 2008, the court ruled that Baxter failed to present any evidence in support of his scurrilous claims against Advantage. The court signed numerous summary judgment orders in favor of Advantage and against Baxter dismissing all of Baxter’s claims against Advantage. In other words, Baxter lost!!!  The sole claims remaining in the current litigation are Advantages’ claims against Baxter for breach of contract”.

 

The Truth: Randal Ackerman is lying again. Although I have produced an enormous amount of irrefutable evidence that proves Pam and Richard Davis are criminals, my attorney at the time neglected to file evidentiary documents timely despite my numerous reminders and demands that he do so. Although the evidence existed and had been provided to him by me, he did not produce the evidence on the date that it was due. I was prevented from producing the evidence myself because I was represented by an attorney, or I would have done so. Because the court did not receive the evidence timely it had no choice but to rule against me on most of my causes of action. However, the court ruled in my favor and against the defendants Pam and Richard Davis on my Texas Theft Liability cause of action. This cause of action remains in the fact to this day. Ackerman has filed at least 6 responses to this cause of action. Therefore Randall Ackerman’s statement” the sole claims remaining in the current litigation are Advantages’ claims against Baxter for breach of contract” is an obvious premeditated lie.

Lie #14-“if the reader desires additional information copies of court orders or information in support of the above, included but not limited to the notarized signature of James Baxter as well as a copy of Baxter’s Texas driver’s license, you may contact the 164th District Court of Harris County Texas (case number 2005 – 37518)

 

 

 

 

 

 

 

 

 

 

 

 

The Truth: This is a ridiculous statement. The 164th District Court is prevented by law from discussing this case with anyone but me and the defendants. The Court certainly is not going to give out a copy of my driver’s license! If the reader desires information regarding this case should contact the Harris County District Clerk’s Office and ask for customer service. Their number is 713-755-5734. Ask them to walk you through the process of reading all of the documents that have been presented in this case. This service is free I invite you to read these documents,examine the evidence and come to your own conclusions regarding the facts of this case. If you want to communicate with me directly,or if you have had similar experiences with Advantage, I invite you to  e-mail me at prosecuteadvantage@gmail.com.

 

Respectfully and Truthfully Submitted,

 

Dr. James C. Baxter