Los Angeles fetus disposal scandal
Encyclopedia
The Los Angeles fetus disposal scandal was the 1982 discovery of over 16,000 aborted fetuses being improperly stored at Malvin Weisberg's Woodland Hills, California home and the ensuing legal battle regarding their disposal. It was called a "national tragedy" by the then-president Ronald Reagan
and inspired a song by pop singer Pat Boone
, with the fetuses finally buried in 1985.
from 1976 until March 1981. He purchased a 20-foot (6.1 m) storage container
in 1980, delivering it to his Woodland Hills home and paying for it with a bounced check
for $1700. The container was repossessed on February 3, 1982 by the Martin Container Company, based in the Wilmington area of Los Angeles. Martin Container opened the container on the following day, discovering the fetuses, which were stored in formaldehyde
.
The initial press conference, on February 5, 1982, by the Los Angeles County Health Department
said up to 500 fetuses were found. On February 24, 1982, the count of fetuses was raised to approximately 2000, with the majority of them being from the storage container and 200–300 from Weisberg's garage.
The tally of fetuses was estimated at "up to 17,000" in May 1982, and was later finally set at 16,431. A count of 193 fetuses were evidently over 20 weeks' gestation
, with the oldest almost 30 weeks.
State law required the fetuses to be cremated or buried "within a reasonable time".
The Los Angeles County District Attorney
, John Van de Kamp
, said the fetuses would be individually examined and charges would be filed against the doctors if fetuses were over the 20-week gestation
limit allowed by California law at the time. Officials found 193 fetuses that appeared to be over the 20-week limit. Van de Kamp wanted to turn the remaining fetuses over to groups who would perform memorial services on them.
In May 1982, California Attorney General
George Deukmejian
stated the gestation limit of the 1967 California abortion law was considered unenforceable because of conflicts with the 23-week Roe v. Wade
ruling in 1973, but fetuses could be individually examined to determine viability, which was the legal limit. In late May, Van de Kamp stated every fetus would be examined to determine if the fetus was aborted illegally.
wrote a letter advocating for memorial services "for these children", referring to it as "this national tragedy".
The matter came in front of the judge because of a lawsuit filed against Van de Kamp by Carol Downer
of the Los Angeles Feminist Women's Health Center and the American Civil Liberties Union
. John Lynch, the chief deputy county counsel stated it was inappropriate to enjoin Van de Kamp, who was simply a "man in the middle
", and that the lawsuit should be filed against pro-choice groups instead. In June 1982, Los Angeles County Superior Court judge Dickran Tevrizian
issued a temporary restraining order against Van de Kamp to prevent the unconstitutional release of the fetuses to groups for burial, but allowed him to legally dispose of the fetuses, called "vague" by John Lynch, the chief deputy county counsel.
In October 1982, Van de Kamp petitioned the court to allow the burial of all but the 193 late-term fetuses in common graves
at Valhalla Memorial Park Cemetery
, which offered free burial. The fetuses were not buried at Valhalla, which later stated it offered the burial plot because "the right-to-life groups came to us, and we said we wouldn't endorse any political viewpoint, but we thought that interring the bodies was a proper thing to do as a service".
In December 1982, Los Angeles Superior Court judge Eli Chernow ruled the 20-week limit was unconstitutional, also ruling that Van de Kamp could bury the fetuses and pro-life
groups could hold onsite memorial services.
By July 1983, the district attorney was Robert Philibosian
, who stated he preferred a "dignified burial" and would not file charges.
In July 1984, the California Courts of Appeal overturned Superior Court of Los Angeles County
judge Eli Chernow, ruling the fetuses could not be buried as human remains, which was a win for pro-choice
groups and feminists. The case had been appealed by Carol Downer
of the Los Angeles Feminist Women's Health Center and the American Civil Liberties Union
and was denounced by the California Pro-Life Medical Association, the Catholic League
. The appealing parties argued that allowing pro-life groups to bury the remains violated the separation of church and state
. The Court's opinion stated "it is clear from the record that the Catholic League is a religious organization which regards a fetus as a human being and abortion as murder. While this specific belief may well cross sectarian lines... any state action showing a preference for this belief will be strictly scrutinized and must be invalidated". Since fetal remains are normally incinerated without ceremony, there was no reason to do otherwise with these fetuses, stating "We perceive that the intended burial ceremony will enlist the prestige and power of the state. This is constitutionally forbidden." However, religious services could hold concurrent onsite memorial services, which was praised by US president Ronald Reagan
in a letter to the California Pro-Life Medical Association, admiring their decision "to hold a memorial service for these children". Philibosian announced he would appeal the ruling allowing onsite memorial services. In October 1984, U.S. Supreme Court justice William Rehnquist
refused to turn over the state appeals court ruling allowing the religious ceremonies. This was officially upheld by the Supreme Court in March 1985.
announced he recorded a song titled "Sixteen Thousand Faces" about the incident, first played at an pro-life memorial service for the fetuses at Live Oak Memorial Park in Monrovia
, where a granite tombstone was left with the inscription "For all those deprived of life and human love through abortion". In response, the California Abortion Rights Action League director said the service and marker "[humanized] fetuses when they deny the humanity of women already born". The ceremony was attended "several hundred anti-abortionists", including Representative Bob Dornan
and the Feminists for Life
group. At the time, the fetuses had not been disposed of.
ordered the fetuses be turned over to the Guerra-Gutirrez-Alexander Mortuary for burial. Per the court's order, the mortuary was selected because they didn't have a religious affiliation. At the time, it was noted by the Los Angeles County Department of Health Services
that the fetuses had been kept in "five pine boxes". The department assured ACLU that there were no identifying marks on canisters containing the fetuses, and ACLU stated they would not object to a secular burial. While ACLU would not object, the Feminist Women's Health Center petitioned the Los Angeles Superior Court to block the burial, but the courts refused.
The disposal occurred on October 6, 1985, with the fetuses in six pine boxes, which were buried at the Odd Fellows Cemetery
in Boyle Heights. The pro-life group Feminists for Life didn't plan a full memorial service since they held a service in May, but the Americans Committed to Loving the Unwanted held a service. The Feminist Women's Health Center was dismayed over the public burial. About 250 individuals attended the service, including County Supervisor
Michael D. Antonovich
, who read a message from Ronald Reagan but stressed his attendance was in an unofficial capacity. Reagan's message stated "Just as the terrible toll of Gettysburg can be traced to a tragic decision of a divided Supreme Court, so also can these deaths we mourn. Once again a whole category of human beings has been ruled outside the protection of the law by a court ruling which clashed with our deepest moral convictions." Others in attendance were Representative Bob Dornan
, state Senate President David A. Roberti, and state Representative Joseph Montoya. The pro-life group Americans Committed to Loving the Unwanted organized the service, including requesting a three-man Marine Corps color guard
, who placed an American Flag on a box and stood at attention throughout the service.
The following day, the Marine Corps said they were tricked, that the color guard
was in attendance for the death of a Vietnam Veteran
, not the fetuses. The three marines signed statements indicating Jeanette Dreisbach of Palm Springs was organizing the religious-themed ceremony. A spokesperson for the Marines stated "this organization used the false pretense of the burial of a veteran to mislead our Marines into attending this event." Driesbach denied misleading the Marines.
payments, with $88,000 coming from pathology tests on aborted fetuses. Of this, half of it ($44,000) was paid federally through the United States Department of Health and Human Services
(HHS). By the Hyde Amendment
, this money was ineligible for testing on pre-abortion or post-abortion tissue, which meant the state of California would need to pay back federal funds claimed by Weisberg and by any other laboratories, according to HHS inspector Richard P. Kusserow. Kusserow also stated "prior to its closing in April, 1981, [Medical Analytical Laboratories] had routinely submitted questionable billings under the Medi-Cal program, using an erroneous billing code.... the case lacked criminal prosecutive merit due to a lack of proof that the false billings were intentional. Because the laboratory was out of business, and its owner had declared bankruptcy, there were no assets against which to proceed for civil recovery".
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
and inspired a song by pop singer Pat Boone
Pat Boone
Charles Eugene "Pat" Boone is an American singer, actor and writer who has been a successful pop singer in the United States during the 1950s and early 1960s. He covered black artists' songs and sold more copies than his black counterparts...
, with the fetuses finally buried in 1985.
Discovery
Malvin Weisberg had operated Medical Analytic Laboratories in Santa MonicaSanta Mônica
Santa Mônica is a town and municipality in the state of Paraná in the Southern Region of Brazil.-References:...
from 1976 until March 1981. He purchased a 20-foot (6.1 m) storage container
Intermodal container
An intermodal container is a standardized reusable steel box used for the safe, efficient and secure storage and movement of materials and products within a global containerized intermodal freight transport system...
in 1980, delivering it to his Woodland Hills home and paying for it with a bounced check
Non-sufficient funds
Non-sufficient funds is a term used in the banking industry to indicate that a demand for payment cannot be honored because insufficient funds are available in the account on which the instrument was drawn. In simplified terms, a cheque has been presented for clearance, but the amount written on...
for $1700. The container was repossessed on February 3, 1982 by the Martin Container Company, based in the Wilmington area of Los Angeles. Martin Container opened the container on the following day, discovering the fetuses, which were stored in formaldehyde
Formaldehyde
Formaldehyde is an organic compound with the formula CH2O. It is the simplest aldehyde, hence its systematic name methanal.Formaldehyde is a colorless gas with a characteristic pungent odor. It is an important precursor to many other chemical compounds, especially for polymers...
.
The initial press conference, on February 5, 1982, by the Los Angeles County Health Department
Los Angeles County Department of Health Services
Health services to over 10 million residents in the Los Angeles County are provided by the Los Angeles County Department of Health Services and the Los Angeles County Department of Public Health. Mental health services are provided by the County Department of Mental Health...
said up to 500 fetuses were found. On February 24, 1982, the count of fetuses was raised to approximately 2000, with the majority of them being from the storage container and 200–300 from Weisberg's garage.
The tally of fetuses was estimated at "up to 17,000" in May 1982, and was later finally set at 16,431. A count of 193 fetuses were evidently over 20 weeks' gestation
Gestation
Gestation is the carrying of an embryo or fetus inside a female viviparous animal. Mammals during pregnancy can have one or more gestations at the same time ....
, with the oldest almost 30 weeks.
State law required the fetuses to be cremated or buried "within a reasonable time".
Source and age of the fetuses
The fetuses were aborted by licensed physicians, clinics and hospitals who contracted Medical Analytic Laboratories for pathology testing and disposal of the fetuses.The Los Angeles County District Attorney
Los Angeles County District Attorney
The District Attorney of Los Angeles County prosecutes felony and misdemeanor crimes that occur within the jurisdiction of Los Angeles County, California....
, John Van de Kamp
John Van de Kamp
John Kalar Van de Kamp is an American politician. He served as Los Angeles County District Attorney from 1975 until 1981, and then as 28th Attorney General of California from 1983 until 1991....
, said the fetuses would be individually examined and charges would be filed against the doctors if fetuses were over the 20-week gestation
Gestation
Gestation is the carrying of an embryo or fetus inside a female viviparous animal. Mammals during pregnancy can have one or more gestations at the same time ....
limit allowed by California law at the time. Officials found 193 fetuses that appeared to be over the 20-week limit. Van de Kamp wanted to turn the remaining fetuses over to groups who would perform memorial services on them.
In May 1982, California Attorney General
California Attorney General
The California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
George Deukmejian
George Deukmejian
Courken George Deukmejian, Jr. born June 6, 1928) is an Armenian American politician from California who as a Republican served as the 35th Governor of California and as California Attorney General .-Early life:...
stated the gestation limit of the 1967 California abortion law was considered unenforceable because of conflicts with the 23-week Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
ruling in 1973, but fetuses could be individually examined to determine viability, which was the legal limit. In late May, Van de Kamp stated every fetus would be examined to determine if the fetus was aborted illegally.
Legal action
In 1982 president Ronald ReaganRonald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
wrote a letter advocating for memorial services "for these children", referring to it as "this national tragedy".
The matter came in front of the judge because of a lawsuit filed against Van de Kamp by Carol Downer
Carol Downer
Carol Downer is an American feminist lawyer and non-fiction author who has focused her career on abortion rights.She and Lorraine Rothman were leaders of a group that founded the in Los Angeles, California, in 1971...
of the Los Angeles Feminist Women's Health Center and the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
. John Lynch, the chief deputy county counsel stated it was inappropriate to enjoin Van de Kamp, who was simply a "man in the middle
Man in the middle
Man in the middle may refer to:* Man-in-the-middle attack, a form of cryptographic attack* Man in the Middle , a 1963 movie* Man In The Middle , a memoir of basketballer John Amaechi-In music:...
", and that the lawsuit should be filed against pro-choice groups instead. In June 1982, Los Angeles County Superior Court judge Dickran Tevrizian
Dickran Tevrizian
Dickran M. Tevrizian, Jr. was a United States federal judge for the Central District of California. Confirmed in 1985, he is the first United States federal judge of Armenian ancestry....
issued a temporary restraining order against Van de Kamp to prevent the unconstitutional release of the fetuses to groups for burial, but allowed him to legally dispose of the fetuses, called "vague" by John Lynch, the chief deputy county counsel.
In October 1982, Van de Kamp petitioned the court to allow the burial of all but the 193 late-term fetuses in common graves
Mass grave
A mass grave is a grave containing multiple number of human corpses, which may or may not be identified prior to burial. There is no strict definition of the minimum number of bodies required to constitute a mass grave, although the United Nations defines a mass grave as a burial site which...
at Valhalla Memorial Park Cemetery
Valhalla Memorial Park Cemetery
Valhalla Memorial Park Cemetery is located at 10621 Victory Boulevard in North Hollywood, California.The cemetery has a special section called the Portal of the Folded Wings Shrine to Aviation that is the final resting place for a number of aviation pioneers — barnstormers, daredevils and...
, which offered free burial. The fetuses were not buried at Valhalla, which later stated it offered the burial plot because "the right-to-life groups came to us, and we said we wouldn't endorse any political viewpoint, but we thought that interring the bodies was a proper thing to do as a service".
In December 1982, Los Angeles Superior Court judge Eli Chernow ruled the 20-week limit was unconstitutional, also ruling that Van de Kamp could bury the fetuses and pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
groups could hold onsite memorial services.
By July 1983, the district attorney was Robert Philibosian
Robert Philibosian
Robert Harry Philibosian is an American politician. He served as Los Angeles County District Attorney from 1981 to 1984. He attended Stanford University, graduated from Southwestern Law School and was admitted to the California State Bar in 1968. He is now Of counsel at the law firm of Sheppard,...
, who stated he preferred a "dignified burial" and would not file charges.
In July 1984, the California Courts of Appeal overturned Superior Court of Los Angeles County
Superior Court of Los Angeles County
The Superior Court of Los Angeles County is the Superior Court located in Los Angeles County. It is the largest single unified trial court in the United States....
judge Eli Chernow, ruling the fetuses could not be buried as human remains, which was a win for pro-choice
Pro-choice
Support for the legalization of abortion is centered around the pro-choice movement, a sociopolitical movement supporting the ethical view that a woman should have the legal right to elective abortion, meaning the right to terminate her pregnancy....
groups and feminists. The case had been appealed by Carol Downer
Carol Downer
Carol Downer is an American feminist lawyer and non-fiction author who has focused her career on abortion rights.She and Lorraine Rothman were leaders of a group that founded the in Los Angeles, California, in 1971...
of the Los Angeles Feminist Women's Health Center and the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
and was denounced by the California Pro-Life Medical Association, the Catholic League
Catholic League
Catholic League may refer to:*Catholic League , created by Henry of Guise, in 1576 during the French Wars of Religion*Catholic League , a confederation of Catholic German states formed to counteract the Protestant Union...
. The appealing parties argued that allowing pro-life groups to bury the remains violated the separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
. The Court's opinion stated "it is clear from the record that the Catholic League is a religious organization which regards a fetus as a human being and abortion as murder. While this specific belief may well cross sectarian lines... any state action showing a preference for this belief will be strictly scrutinized and must be invalidated". Since fetal remains are normally incinerated without ceremony, there was no reason to do otherwise with these fetuses, stating "We perceive that the intended burial ceremony will enlist the prestige and power of the state. This is constitutionally forbidden." However, religious services could hold concurrent onsite memorial services, which was praised by US president Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
in a letter to the California Pro-Life Medical Association, admiring their decision "to hold a memorial service for these children". Philibosian announced he would appeal the ruling allowing onsite memorial services. In October 1984, U.S. Supreme Court justice William Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
refused to turn over the state appeals court ruling allowing the religious ceremonies. This was officially upheld by the Supreme Court in March 1985.
Pro-life service
In May 1985, singer Pat BoonePat Boone
Charles Eugene "Pat" Boone is an American singer, actor and writer who has been a successful pop singer in the United States during the 1950s and early 1960s. He covered black artists' songs and sold more copies than his black counterparts...
announced he recorded a song titled "Sixteen Thousand Faces" about the incident, first played at an pro-life memorial service for the fetuses at Live Oak Memorial Park in Monrovia
Monrovia, California
Monrovia is a city located in the foothills of the San Gabriel Mountains in the San Gabriel Valley of Los Angeles County, California, United States. The population was 36,590 at the 2010 census, down from 36,929 at the 2000 census...
, where a granite tombstone was left with the inscription "For all those deprived of life and human love through abortion". In response, the California Abortion Rights Action League director said the service and marker "[humanized] fetuses when they deny the humanity of women already born". The ceremony was attended "several hundred anti-abortionists", including Representative Bob Dornan
Bob Dornan
Robert Kenneth "Bob" Dornan is a Republican and former member of the United States House of Representatives from California and a vocal advocate of pro-life and social conservative causes....
and the Feminists for Life
Feminists for Life
Feminists for Life of America is a non-profit, pro-life feminist, non-governmental organization . Established in 1972 and now based in Alexandria, Virginia, the organization describes itself as "shaped by the core feminist values of justice, nondiscrimination, and nonviolence." FFL is dedicated...
group. At the time, the fetuses had not been disposed of.
Disposal
In August 1985, the Los Angeles County Board of SupervisorsLos Angeles County Board of Supervisors
The Los Angeles County Board of Supervisors is the five-member nonpartisan governing board of Los Angeles County, California. Members of the board of supervisors are elected by district. They were as of December 2, 2008:*District 1: Gloria Molina...
ordered the fetuses be turned over to the Guerra-Gutirrez-Alexander Mortuary for burial. Per the court's order, the mortuary was selected because they didn't have a religious affiliation. At the time, it was noted by the Los Angeles County Department of Health Services
Los Angeles County Department of Health Services
Health services to over 10 million residents in the Los Angeles County are provided by the Los Angeles County Department of Health Services and the Los Angeles County Department of Public Health. Mental health services are provided by the County Department of Mental Health...
that the fetuses had been kept in "five pine boxes". The department assured ACLU that there were no identifying marks on canisters containing the fetuses, and ACLU stated they would not object to a secular burial. While ACLU would not object, the Feminist Women's Health Center petitioned the Los Angeles Superior Court to block the burial, but the courts refused.
The disposal occurred on October 6, 1985, with the fetuses in six pine boxes, which were buried at the Odd Fellows Cemetery
Odd Fellows Cemetery (Los Angeles, California)
Odd Fellows Cemetery is a cemetery in the Boyle Heights neighborhood of Los Angeles, California. It is notable for specializing in cremation of obese individuals, especially those over .-Fetus burial:...
in Boyle Heights. The pro-life group Feminists for Life didn't plan a full memorial service since they held a service in May, but the Americans Committed to Loving the Unwanted held a service. The Feminist Women's Health Center was dismayed over the public burial. About 250 individuals attended the service, including County Supervisor
Los Angeles County Board of Supervisors
The Los Angeles County Board of Supervisors is the five-member nonpartisan governing board of Los Angeles County, California. Members of the board of supervisors are elected by district. They were as of December 2, 2008:*District 1: Gloria Molina...
Michael D. Antonovich
Michael D. Antonovich
Michael Dennis Antonovich is a politician and the most senior-serving member of the Los Angeles County Board of Supervisors...
, who read a message from Ronald Reagan but stressed his attendance was in an unofficial capacity. Reagan's message stated "Just as the terrible toll of Gettysburg can be traced to a tragic decision of a divided Supreme Court, so also can these deaths we mourn. Once again a whole category of human beings has been ruled outside the protection of the law by a court ruling which clashed with our deepest moral convictions." Others in attendance were Representative Bob Dornan
Bob Dornan
Robert Kenneth "Bob" Dornan is a Republican and former member of the United States House of Representatives from California and a vocal advocate of pro-life and social conservative causes....
, state Senate President David A. Roberti, and state Representative Joseph Montoya. The pro-life group Americans Committed to Loving the Unwanted organized the service, including requesting a three-man Marine Corps color guard
Color guard
In the military of the United States and other militaries, the color guard carries the National Color and other flags appropriate to its position in the chain of command. Typically these include a unit flag and a departmental flag...
, who placed an American Flag on a box and stood at attention throughout the service.
The following day, the Marine Corps said they were tricked, that the color guard
Color guard
In the military of the United States and other militaries, the color guard carries the National Color and other flags appropriate to its position in the chain of command. Typically these include a unit flag and a departmental flag...
was in attendance for the death of a Vietnam Veteran
Vietnam veteran
Vietnam veteran is a phrase used to describe someone who served in the armed forces of participating countries during the Vietnam War.The term has been used to describe veterans who were in the armed forces of South Vietnam, the United States armed forces, and countries allied to them, whether or...
, not the fetuses. The three marines signed statements indicating Jeanette Dreisbach of Palm Springs was organizing the religious-themed ceremony. A spokesperson for the Marines stated "this organization used the false pretense of the burial of a veteran to mislead our Marines into attending this event." Driesbach denied misleading the Marines.
Financial fallout
Weisberg's Medical Analytical Laboratories received nearly $175,000 in Medi-CalMedi-Cal
The California Medical Assistance Program is the name of the California Medicaid program serving low-income families, seniors, persons with disabilities, children in foster care, pregnant women, and certain low-income adults...
payments, with $88,000 coming from pathology tests on aborted fetuses. Of this, half of it ($44,000) was paid federally through the United States Department of Health and Human Services
United States Department of Health and Human Services
The United States Department of Health and Human Services is a Cabinet department of the United States government with the goal of protecting the health of all Americans and providing essential human services. Its motto is "Improving the health, safety, and well-being of America"...
(HHS). By the Hyde Amendment
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortions. It is not a permanent law, rather it is a "rider" that, in various forms, has been routinely attached to annual appropriations bills since 1976...
, this money was ineligible for testing on pre-abortion or post-abortion tissue, which meant the state of California would need to pay back federal funds claimed by Weisberg and by any other laboratories, according to HHS inspector Richard P. Kusserow. Kusserow also stated "prior to its closing in April, 1981, [Medical Analytical Laboratories] had routinely submitted questionable billings under the Medi-Cal program, using an erroneous billing code.... the case lacked criminal prosecutive merit due to a lack of proof that the false billings were intentional. Because the laboratory was out of business, and its owner had declared bankruptcy, there were no assets against which to proceed for civil recovery".