Chiropractor back in court on barratry charges

May 29, 2008 - 7:42 PM

EDINBURG -- The president of a chiropractic clinic chain operating locally was arraigned Thursday on conspiracy and barratry charges, state district court clerks said.

Hidalgo County prosecutors allege Michael Kent Plambeck, 52, of Dallas, hired telemarketers to solicit potential business from accident victims between 1998 and 2002.

By paying hospital workers, auto mechanics and police department employees for access to collision reports, Plambeck's employees were able to track down dozens of people involved in auto accidents whom they convinced to visit the company's clinics, according to court documents filed in the case.

Once an injury was diagnosed, patients were often referred to a personal injury attorney - Eugene X. Mercier, of Corpus Christi - who was previously convicted on similar charges.

Thursday's hearing before state District Judge Mario E. Ramirez was only the latest in a string of court appearances for Plambeck.

An Hidalgo County grand jury initially indicted him on the charges in 1997. Since then, charges against him have been dismissed three times based on questionable tactics that occurred during the panel's investigation of the case.

A Texas Ranger was allowed to extensively question one of Plambeck's chief telemarketers on the stand, violating court procedure that limits such interrogations to attorneys.

In June 2007, however, the 13th Court of Appeals ruled that the Ranger's actions were a technical error and did not substantially violate Plambeck's constitutional rights.

Plambeck entered not-guilty pleas to all counts Thursday and is expected to return to court later this summer.

Mercier, who was originally convicted in 2002, continues to appeal his case.

Both men are also named in a civil lawsuit Allstate Insurance filed in March, claiming their scheme defrauded the company of at least $10 million in insurance payments.

Plambeck's attorney, Charles Banker III, did not return calls for comment Thursday.

Barratry, or soliciting a case in exchange for money, is a third-degree felony punishable by up to 10 years in prison.

Authorities have not indicated Plambeck and Mercier's case is linked to an alleged barratry scheme involving Pharr Assistant Police Chief Javier Perez.

Perez is currently under investigation by his own department for allegedly accepting more than $50,000 in exchange for releasing accident reports to lawyers earlier than they were made available to the public.

As of Thursday, he had not been charged with any crimes.
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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.