Los Angeles Criminal Defense Attorney Blog

The Wall Street Journal reported on May 21st that a major real estate developer, Anthony Symmes, has pled guilty to charges of Southern California fraud – and seven other people have been indicted on similar charges. The 59-year old Symmes is the most prolific house builder in the Chico region, and he is alleged to have developed a scheme to sell over 60 houses to earn illegal profits. In addition to the money laundering count, Symmes pled guilty to Southern California mail fraud. The developer has paid $4 million in restitution already into a US Treasury account, and he is cooperating with investigators who are looking into Southern California mortgage fraud charges against another area magnate, Garret Gilliland.

The Wall Street Journal also reported that Sacramento resident, Eric Mortenson, along with two men from Las Vegas, have been indicted on Southern California wire fraud charges in conjunction with a scheme to illegally flip properties for resale. The defendants could get up to two decades in jail if convicted.

Lastly, four Redding, California residents were charged with a smattering of Southern California fraud charges, including money laundering, mail fraud, and conspiracy to commit mail fraud. If convicted, they can face fines of up to $0.25 million as well as 30 years in jail.

Southern California white-collar crimes are taken very seriously by the court system. Different penal code sections cover different crimes, and these cases can often get very complicated and technical. Consider, for instance, that perjury is covered by Penal Code Section 118, mail theft is covered by Penal Code Section 530.5(e), and receiving stolen property is covered by Penal Code Section 496(a). Often, these cases involve extensive paper trails, numerous parties, allegations and counter allegations, and both subtle and glaring violations of business ethics and the law.

To that end, if you or a family member has been charged with Southern California fraud, conspiracy to commit fraud, or any other kind of white-collar crime, you need an attorney who has the wherewithal, skills, and experience to develop an effective strategy for you.

Continue reading " Indictments and Guilty Pleas in Major Southern California Fraud Cases " »

On May 7th, an L.A. Superior Court Judge ordered local businessman Joseph Baiden to pay over $1.3 million in restitution for committing Southern California insurance fraud. According to a KPCC news story, Baiden had illegally underreported his workers comp pay roll in conjunction with a company called Nurse Connection Inc. He also failed to pay insurance premiums for workers comp. Initially, Baiden had been ordered to spend five years in prison, but Judge Horowitz agreed to allow the 57-year-old Diamond Bar resident to have five years supervised probation, including 90-days of electronic monitoring. In addition, Baiden will have to pay over $100,000 in investigative fees to the California Department of Insurance.

Moving forward, as a result of pleading guilty to Southern California workers comp fraud, Baiden must submit his tax returns to both the DA’s office and the Department of Insurance and offer clear proof both that he has workers comp insurance and that he is in complete compliance with his payment obligations. Baiden will return to court on November 8th to submit a progress report.

Los Angeles insurance fraud charges can be complicated to understand and difficult to fight. Different laws cover different kinds of Southern California insurance fraud. For instance, Penal Code Section S550(a)(5) defines medical insurance fraud; whereas California Insurance code Section 1872.8 spells out the definition of Auto Insurance fraud.

If you or a loved one is being investigated for any kind of Southern California fraud – from life insurance to medical insurance to auto fraud – odds are that you need a reliable, trustworthy, and trial-proven attorney to see you through the difficult legal proceedings ahead.

Continue reading " Businessman Ordered to Pay $1.3 Million in Southern California Insurance Fraud Case " »

Last Wednesday, a Federal Judge gave a Pennsylvania doctor, John Kristofic, a year and a day in prison pursuant to a healthcare scam that lasted from 2003 to 2008. Southern California healthcare fraud experts have been poring over Judge Ambrose’s decision to determine whether and how the decision might be impact local cases.

The perplexing saga of Dr. Kristofic

The 62-year-old Dr. Kristofic (of Shadyside, PA) has a long and tumultuous history with the law. Back in the 1980s, he was brought up on charges under the Racketeer Influence and Corrupt Organizations Act of stealing more than a $1 million by billing for non-medically necessary tests. He allegedly invested the proceeds of this scam into private commercial real estate. The doctor settled that case for $0.75 million. He was later arrested and convicted of driving under the influence, AND he got probation for lying about his asset portfolio in 1991.

His latest arrest pertains to similar charges. From 2003 to 2008, Dr. Kristofic allegedly unfairly billed Medicare and other private insurers for services he never provided to his patients. Many Southern California healthcare fraud experts -- at this point reading about Dr. Kristofic’s bio --would feel pretty confident that his repeated chronic violations of the law should merit a harsh sentence.

But… the story thickens.

It turns out that Dr. Kristofic has another side -- an altruistic and giving one. Among other things, he provided free medical care for organizations like Operations Safety Net, Alcoholics Anonymous, and Catholic Charities. In a 2006 trip to Haiti, he gave out free care to the sick, an act which a local Reverend said “exuded a sense of compassion… it was extraordinary.” And Judge Ambrose received 60+ letters from various people and organizations commending Dr. Kristofic for his charity and extraordinary givingness.

As you can see, cases of Southern California insurance fraud can be a lot more complicated than they first appear in the headlines.

If you or a family member has been charged with healthcare fraud or any other white collar crime in Southern California, consider protecting yourself by retaining high quality legal counsel.

Continue reading " Southern California Healthcare Fraud Experts Scratch Heads over Double-Edged Decision in Pennsylvania Case " »

If you have been arrested for driving under the influence in Los Angeles, your world can turn upside down in just hours. Whether you were incorrectly assessed as DUI (the police made a mistake on your blood work or breathalyzer reading), or you were barely over California’s legal limit of 0.08% BAC, you could face stiff fines, jail time, and other penalties. Obviously, DUI is a serious offense. But a breaking story out of Seattle illustrates why Los Angeles DUI defendants -- more, it seems, than other criminal defendants -- face such a tough road to rehabiliate their images.

Warning: The following story is disturbing.

Last week, police arrested a 34-year-old man, Shawn Shipp, for vehicular homicide while DUI. Shipp backed into 91-year old Marie Fite, slamming her to the ground. Instead of stopping, he continued to back up, apparently unaware that he had hit a human being. By the time he figured it out, Fite had been severely injured. Shipp fled the scene, but police chased him down and arrested him. Fite died at the hospital. Shipp tested to have a blood alcohol concentration of 0.16% – twice both the Washington and Southern California DUI limit of 0.08%. On top of that, Shipp has a long rap sheet which includes drug possession, motor vehicle theft, assault, driving with a suspended license, and first degree child rape. According to reports, Shipp’s bail has been set at $500,000.

Now, obviously, without knowing more details about the allegations or about specifically what happened, one has to withhold judgment. After all, in the U.S. court system, a defendant is innocent until proven guilty. Nevertheless, the salacious details of the report – including the fact that Shipp is a convicted child rapist – obviously touch an emotional chord in us.

Unfortunately, if you have been tagged with a charge of driving under the influence in Long Beach, many people instinctively will conclude that you must be somehow similar to this Shipp character. And while it is true that driving DUI in Long Beach or elsewhere can be incredibly dangerous and can lead to tragic instances of vehicular homicide, the harsh stereotyping of DUI defendants may not be fair or accurate.

That said, it’s always important to review what punishments can be in store for individuals convicted of serious Los Angeles DUI crimes. Cases in which a DUI victim dies can be charged under the California Vehicular Manslaughter Law. Penal Code section 191.5(a) covers gross vehicular manslaughter while intoxicated. This is a more serious charge than typical vehicular manslaughter charge. Prosecutors must prove four points:

1. Driver was DUI and/or had a blood alcohol concentration of 0.08% or greater.
2. The person committed a driving infraction or misdemeanor while driving – or performed an otherwise lawful act – that could potentially lead to someone’s death.
3. That lawful act, or infraction or misdemeanor, was committed with “gross negligence.”
4. The negligent conduct resulted in someone getting killed.

If the prosecution cannot prove all four points, they will have a hard time getting a conviction for gross vehicular manslaughter while intoxicated. However, prosecutors can choose from an array of charges and request penalties to punish guilty offenders.

Continue reading " Horrific Case Out of Seattle Illustrates Why Los Angeles DUI Defendants Often Have Such a Hard Road " »

The epidemic of celebrity Southern California DUI stories has provoked a national discussion over policy and road safety. Just last week, for instance, as this blog reported, Corey Dillon -- a former NFL runningback and a member of the 2004 Patriots (Super Bowl Champions) -- was arrested for driving under the influence in Malibu. Stories like Dillon’s break all the time, unfortunately, sending the wrong message to impressionable drivers. These incidents sear into the collective memory. Who could forget the Nick Nolte DUI mugshot or the loaded comments Mel Gibson allegedly made after his DUI arrest? Truly outlandish DUIs happen to “everyday” people, as well. Here are three fascinating examples from the DUI news annals:

1. DUI Driver Injures Judge who Originally Sentenced Him for DUI

This story, from mid-April out of Maryland, is both ironic and tragic. A driver named Rene Fernandez careened into a car containing Judge Edwin Collier and his wife Ellen, causing severe injuries to both husband and wife. Fernandez had come before Judge Collier more than a decade ago on charges of DUI. Collier gave him a suspended sentence – let him go without jail time.

2. Women Arrested for Driving DUI on Train Tracks

This is a story from late February 2010 in Redding, Pennsylvania. A local 65-year-old woman named Bonnie Lehfeldt was driving after her dog who had gotten loose. Her Nissan Sedan got stuck on some train tracks. A local man managed to pull her from her car in the nick of time – right before a train plowed into the Nissan and pushed it for 200 feet. Had Lehfeldt been in the car when the collision occurred, she likely would have been killed or at least seriously injured. Police arrested her for DUI.

3. DUI while Piloting a Motorized Armchair

This story, from November of last year, involved a 61-year-old man who drove a motorized armchair out of a pub and into a parking lot while having a blood alcohol concentration of three times the legal limit.

Remember, even if you are not driving a car, truck, or motorcycle, you can still be pulled over for driving under the influence in Southern California!

California Vehicle Code Sections 23153(a) and 23153(b) govern what happens in cases of driving under the influence in Los Angeles with injury. Depending on the circumstances of the injury, the DUI driver can be hit with a felony charge (instead of a standard misdemeanor) and, as a result, can face much stricter penalties including the loss of the right to vote as well as higher fines and longer jail time.

Whether you have been pulled over for a “standard” Los Angeles DUI or a complicated injury DUI in Los Angeles, you likely need effective and compassionate help with your legal case.

Continue reading " As if Celebrity Southern California DUI Arrests were Not Wild Enough… 3 Totally Bizarre DUI News Stories " »