THURSDAYJanuary 12,

2012

VOL 129, NO. 14975 cents

MONTROSE, CO81401

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MONTROSE

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Three amigosJOEL BLOCKER / DAILY PRESS

Former Montrose High wrestlers Lyle Wright, left, Jordan Passehl and Drew Schumann are all now members of the team atColorado Mesa University in Grand Junction.

BY MATT LINDBERGDAILY PRESS SPORTS EDITOR

Jordan Passehl, Drew Schumann andLyle Wright walked through the Mon-trose wrestling room during a recentpractice, and it was obvious their pres-ence was noted by the members of thecurrent team.

The school has seen a prolific numberof its football, basketball and volleyballplayers take their skills to the collegelevel in recent years, but the Montrosewrestling program went eight yearswithout one of its former members go-ing on to compete in college. Thatchanged in 2010 when Passehl, who wona Class 4A state championship in the189-pound weight class during his sen-ior season, elected to join the ColoradoMesa University wrestling squad.

In 2011, Montrose’s Drew Schumannand Lyle Wright opted to do the same.Now, the three Mavericks are enjoying

their time competing together at the col-legiate level. The trio said carrying onthe Montrose wrestling tradition at col-lege is something special.

“For some little kid to still see us do-ing it hopefully gives them an outlet,”Schumann said. “They can know thatthe sport is something that can takethem to the next level. There are Mon-trose kids competing at the next level.”

Montrose wrestling coach KevinPassehl, who also is Jordan’s father, saidthat having the three continue their ef-forts in the sport in college is great forthe program and community.

“In general, kids haven’t gone on tothe next level,” he said. “Now we havefour (see related story) that have goneon in the past three years, and that’spretty cool. It’s nice to see kids showingthe interest.”

Jordan Passehl, who is a sophomore,currently wrestles in the 197-poundweight division. Schumann and Wright

Gamblingfor tuition:Coram bets on video lotteryterminals, faces resistancefrom gaming industry

BY KATHARHYNN HEIDELBERGDAILY PRESS SENIOR WRITER

State Rep. Don Coram wants the state totake a gamble on funding tuition for high-er education — a literal one.

The Montrose Republican is in theprocess of drafting legislation that wouldallow video lottery terminals at limitedlocations, likely the racetrack at Arapa-hoe Park in Aurora, and a possible West-ern Slope location.

“We’re still in the drafting stages,”Coram said Wednesday. “We’re trying tothink outside the box, to do something togenerate money for higher education.This is revenue that’s generated voluntar-ily. If you don’t like it, you don’t have toplay it.”

The odds may be against Coram, whosaid he expects pushback from the gam-bling industry at a level “no more thanthe war in the Middle East.” He alsospoke to a casino lobbyist Tuesday andsaid an agreement is close. He expects tohave a draft bill in the next few days.

Coram envisions a voluntary fundingstream that will help students withoutmeans or connections afford college. Thevideo terminals could draw more peopleto horse racing, revitalizing the sport andthe agricultural industry that supports it.

To the Colorado Gaming Association,Coram’s idea will create a giant casinothat competes directlywith the limited-stakesgambling allowed inCripple Creek, BlackHawk and Central Cityby a 1990 vote thatamended the state Con-stitution.

Arapahoe Park’s rela-tive proximity to thethree towns is a particu-lar threat, said Lois Rice,the gaming association’s executive direc-tor.

While the sovereign Ute Mountain Uteand Southern Ute tribes operate casinosin Towaoc and Ignacio, these do not com-pete significantly against the three moun-tain towns because of the distance, Rice

BY KATHARHYNN HEIDELBERGDAILY PRESS SENIOR WRITER

Federal prosecutors remainfirm in their stance that for-mer Montrose physician SamJahani and co-defendant EricPeper should be tried inGrand Junction, not Denver.

Per a Jan. 5 filing, U.S. pros-ecutor Michelle Heldmeyeraccuses defense attorneys ofdistorting the facts, and takesissue with what she calledtheir “rather insulting” asser-tion that Western Slope jurorsmight be too racist to giveIran-born Jahani a fair hear-ing.

Jahani and Peper were in-dicted the summer of 2011,two years after local authori-ties, with agents from the IRSand Drug Enforcement Ad-ministration, raided Jahani’sUrgent Care Inc. offices inMontrose, Delta and GrandJunction, as well as his homehere.

Jahani and Peper, a doctorwho once worked for him atthe clinics, are accused ofcontributing to the overdose

deaths of four patients (Ja-hani three and Peper, one),multiplecounts offraud, andmoney laun-dering andover-prescrib-ing controlledsubstances topatients, in-cluding thosethey knew hadsubstance-abuse issues orwere “doctorshopping.”

They denythe allegations.

Althoughmost pre-trialhearings todate have beenheld in Denver,the U.S. Attor-ney’s Office ar-gues the trialsshould be heldin Grand Junc-tion, where a federal magis-trate court is located.

Most of the alleged victims

are Western Slope residents,and they have the right, under

the basic tenets ofjurisprudence, toaccess proceed-ings, Heldmeyersaid. Additionally,there would be sig-nificant cost towitnesses from theWestern Slope,were the trials tobe held in Denver.

The defendantshave claimed thevictims would bethe limited num-ber of health-careproviders whomJahani and Peperallegedly defraud-ed, not their pa-tients. Jahani at-torney Stephen Pe-ters said there areonly five instancesof such allegedfraud — the upcod-ing of claim levels,

and these arose from the accu-sations of a disgruntled ex-employee.

Before his being indicted,Jahani was sued by his for-mer office manager forwrongful termination. Thewoman said she was fired be-cause she blew the whistle onalleged upcoding of Medicareclaims. Jahani’s subsequentbankruptcy protection putthat case on hiatus.

Jahani was also party to aMedicare fraud case originat-ing in Texas in 2003, which hesettled with the governmentin 2004.

Attorney Peters argued lastyear that extensive publicityof Jahani’s new case dims theprospects for a fair trial onthe Western Slope. He alsosuggested that jurors mightbelieve Jahani is Muslim andhold that against him. Hisclient is Christian, Peterssaid.

Peper says the federal courtfacilities in Grand Junctionare not adequate for a trial, es-pecially because they are be-ing remodeled.

The arguments, said Held-meyer in her Jan. 5 response,are without merit. Not onlycan a fair trial be held in

Grand Junction, and in rea-sonable accommodations, butthe defendants’ opposition isriddled with inaccuracies, shesaid.

“The defendants misreadthe indictment” as it relates toupcoding, Heldmeyer said.

Counts 1-11 in the indict-ment allege several types offraud, and the governmenthas ample evidence to supportthe allegations “including nu-merous instances of rampantillegal drug prescriptionsleading to injury and death ofthe defendants’ patients, aswell as proof of records falsi-fication, false billing and hun-dreds of instances of upcod-ing,” her response says.

“The fact that the indict-ment specifically charges alimited number of instancesof fraud, rather than hun-dreds, does not limit the gov-ernment’s ability to prove allfraudulent conduct and lossesat trial.”

The losses are significant —in excess of $3 million, thegovernment contends.

Feds insist on GJ trial for indicted docsSEE AMIGOS, PAGE A3SEE CORAM, PAGE A3

SEE NEWS, PAGE A3

Jahani, Peper caused losses in excess of $3 million, government claims

Former Montrose wrestlers enjoying time together at CMU

Coram

‘In general, kids haven’tgone on to the nextlevel. Now we have fourthat have gone on inthe past three years,and that’s pretty cool.It’s nice to see kidsshowing the interest.’

Kevin PassehlMontrose wrestling coach!

‘The fact that theindictmentspecifically charges alimited number ofinstances of fraud,rather than hundreds,does not limit thegovernment’s abilityto prove allfraudulent conductand losses at trial.’

Michelle HeldmeyerU.S. prosecutor!