Los Angeles Criminal Defense Attorney Blog

A few weeks ago, Insurance.com released its list of the 20 Top DUI Cities in the United States. If you have been arrested for Los Angeles DUI, Burbank DUI, Glendale DUI, or Pasadena DUI, you have a lot of company. The Insurance.com survey found that LA ranked as the seventh biggest city for DUI offenders. Three other California cities also made the Top 10: San Francisco, San Jose, and San Diego.

An on-site analysis at Insurance.com discussed why certain cities rank higher than others. The survey suggested three reasons:

1. Some people drink and party more in certain cities.
2. Cities with weaker public transportation systems have more DUI offenders because bar hoppers and partiers can’t avail themselves of subways and buses as easily to get home.
3. The strictness of enforcement can play a role. For instance, both San Diego and San Jose (the #1 and #2 cities in the survey) boast extremely robust and well-funded programs to stop Southern California DUI behavior.

The Insurance Institute for Highway Safety has found that cities with concentrations of young people – particularly at colleges – witness higher than average numbers of DUI arrests. The potency of enforcement surely also must play a huge role in these statistics. A San Jose PD officer spoke to that point: “We do have a high incidence of DUIs… that’s not to say that smaller departments don’t have it, but I don’t think they have the resources to detect it.”

Insurance.com used data from auto insurance applications to arrive at its figures.

If you have been hit with a charge of driving under the influence in Pasadena or elsewhere in the Southland, you might be wondering what specifically constitutes a violation of the law. If you are arrested for a “standard” DUI – an incident not complicated by injury or other charges – you will likely face a charge of violation of California Vehicle Code Section 23152(a) or 23152(b).

23152(a) says that, if a California officer stops you while you are driving an auto or other motor vehicle while under the influence of alcohol or drugs, you may face criminal charges that could lead to sentences like license suspension, jail time, serious fines, points on your DMV record, and strict probation terms.

23152(b) alternatively defines the crime of Southern California DUI as driving with a BAC level (blood alcohol concentration) of 0.08% or more. If your BAC level is positive for DUI, you can face the same punishments stipulated in 23152(a).

To respond effectively to charges, you may wish to consult an attorney experienced with Southern California DUI law.

Continue reading " Southern California DUI Statistics Highlight Serious Problem in the Southland " »

Last week, a fugitive former doctor -- Steven G. Moos -- pled “not guilty” to a battery of charges, including government medical fraud. His bizarre circumstances have Los Angeles medical fraud experts talking. Particularly in light of last week’s massive bust of an alleged Armenian gang-centered Medicare fraud ring -- which sprawled across 25 states -- Moos’ saga hints at a potentially deeper and more systemic problem within the medical community.

The long and weird allegations against Steven G. Moos

Over a decade ago, the then Dr. Moos got in trouble with the Oregon Board of Medical Examiners for prescribing hair loss drugs and Viagra to web customers anonymously. A few years, later authorities in Washington County, Oregon got a warrant to search Moos’ home on Bull Mountain and found illegal drugs and cocaine. He was charged with endangering child welfare and possessing controlled substances.

In early 2003, the OR State’s Medical Board suspended his license to practice medicine. In 2004, federal prosecutors charged Moos with trying to import controlled substances (in this case, growth hormone) from China. In 2004, Moos was indicted by Federal Grand Jury for a variety of charges, and Oregon State’s Attorney General won a judgment against him, which included a $400,000 civil penalty and mandatory reimbursement for customers he had scammed with a cream that he sold to enhance vaginal stimulation.

After getting hit with all these charges, Moos fled the country to the United Arab Emirates. In the UAE, he allegedly impersonated a respectable US physician (Dr. Steven Hopping) and performed surgery on people in his kitchen table. In some cases, he injured these patients so badly that they were left with deformities. Finally, the 41-year-old got caught at Dallas International Airport after flying home from the UAE.

Charges of California insurance fraud, Los Angeles medical fraud, or any other kind of Los Angeles white collar crime can lead to a vast and frightening array of penalties, including jail time, suspension of your license to practice, massive fines and court costs, damage to your reputation, mandatory restitution to people (or institutions) you’ve harmed financially, and more.

If you’ve been charged with a Southern California white collar crime (such as insurance fraud in Los Angeles or elsewhere in the Southland), your choice of representation can make an enormous difference.

Continue reading " Southern California Medical Fraud Experts Flabbergasted by Allegations against Fugitive Doctor " »

This morning, federal prosecutors launched a multistate series of raids, arresting 73 people in conjunction with what may turn out to be the largest medical care fraud scheme in history of the United States -- including many arrests here for health care fraud and insurance fraud in Los Angeles and throughout the Southland for Los Angeles health care fraud.

Before we dive into this story--which will surely occupy media outlets for some time--let's first review some examples of state insurance fraud and medical insurance fraud so you can understand Los Angeles white collar crime better:

* Chiropractor in Glendale bills an insurer for work he never did.
* Dentist in Pasadena orders completely unnecessary tests for a patient for the explicit purpose of pocketing insurance money.
* Family doctor in Beverly Hills works with associates to falsify medical records of patients to get extra money from an insurer.

Anyone who is in the pre-filing stage for Los Angeles medical insurance fraud can be at serious risk for massive fines, a prison sentence, and other serious penalties.

Now that you have some background in state insurance fraud law, let's turn our attention to the details of this massive bust.

United States Attorney Preet Bharara revealed that a veritable army of Armenian gangsters allegedly bilked Medicare out of $163 million -- a coordinated criminal effort that "put the traditional Mafia to shame."

The scope of the alleged insurance fraud is breathtaking. Federal authorities initiated an investigation after thousands of Medicare patient and doctor records were reported stolen -- these records included patients' dates of birth and Social Security numbers. The medical billing fraud network (and associates) set up fake clinics in 25 states -- 118 fake clinics, all told -- to bill Medicare for providing (non-existent) services.

The FBI described these clinics as "completely notional" -- that is, they didn't actually exist. The doctor-patient interactions at these clinics were apparently a "mirage." Prosecutors highlighted some examples:

* eye doctors supposedly billing for bladder tests
* delivery room doctors ordering up skin allergy tests

According to the US attorney, the Los Angeles health care fraud network had been operating under the guidance of Armen Kazarian, the Armenian equivalent of a Mafia godfather. Kazarian -- as of this writing -- is being held at a Los Angeles jail.

In addition to the Southern California medical billing fraud arrests, police have detained people in New York, Mexico, Georgia, and Ohio. Kazarian and the 72 others are scheduled to be arraigned this afternoon on these charges, which will include: identity theft, money laundering, racketeering conspiracy, and bank fraud.

Insurance fraud in Southern California is a serious crime -- whether you're a chiropractor, dentist, doctor, or other caregiver. If you're in the pre-filing stages, you should be aware of the potential ramifications of conviction, which can include:

* the loss of your professional license
* a lengthy prison sentence
* serious court costs and fines
* mandatory restitution to insurance agencies
* loss of ability to provide Medicare or Medi-Cal services in the future

Doctor, dentist, and chiropractor insurance fraud in Los Angeles can be charged pursuant to a variety of laws, depending on what prosecutors allege you did. These laws include Insurance Code Section 1871.4, Penal Code Section 550, Penal Code Section 118, and Labor Code Section 3700.

What specifically constitutes Southern California health care fraud? Here are some examples:

* creating false medical records
* billing twice for chiropractic, dental, or other medical work
* ordering unnecessary medications
* billing Medicare or another program for work not provided
* requesting unnecessary tests for patients

If you are in the pre-filing stage of a federal or Southern California medical billing fraud case, it's essential to discuss your situation with a credentialed Southern California health care fraud lawyer. Whether you've been hit with insurance fraud in Glendale or chiropractic fraud in Pasadena, you need to understand your rights and responsibilities under the law.

Continue reading " Massive Los Angeles Health Care Fraud Arrest -- Part of the Biggest Bust in US History " »

People pulled over for Los Angeles DUI often do absurd things – sometimes comically absurd.

A breaking report out of Marion County, Florida illustrates just the lengths to which certain people will go to try to stay out of trouble. A 65-year-old grandmother, Elsie Wright O’Conner, got pulled over in town for DUI, after an officer noticed that she had been driving erratically. The officer found an empty bottle of vodka in her car… along with a second half empty bottle of vodka. He tested O’Conner and found that she had a BAC over three times Florida’s legal limit. This did not dissuade the suspect from begging for clemency.

She allegedly told the deputy: “Come on now, I’m a grandma. Can you do something for me since I am not that bad? I could have brought you back to my house and made you a grilled cheese sandwich.”

Unfortunately for the 65-year-old, the deputy did not take her up on the offer. Instead, he arrested her and charged her with DUI. According to records from the Marion County Sheriff’s Office, the grandma had been convicted of a DUI count back in 2007. It’s understandable that she would do anything in her power – including offering up a fresh grilled cheese sandwich – to avoid getting charged with DUI a second time. Indeed, if you are hit with multiple counts of driving under the influence in Pasadena (or elsewhere in Southern California), your penalties can go up – way up.

Let’s take a closer look at how California law treats recidivist (repeat) Los Angeles DUI offenders.

If you are arrested for a Pasadena DUI, you will generally be charged with a misdemeanor. The court can impose punishments like: a fine of $1,000 on top of court costs, a one year CA driver’s license suspension with no restricted license option, formal probation, six weeks minimum of California DUI alcohol school, a mandatory installation of an interlock ignition device (IID), and 48 hours in custody minimum – with a maximum of full six months behind bars.

And that’s just for your first offense!

If, within 10 years, you get convicted twice for DUI in Southern California, you can face increased jail time, increased alcohol school, a longer license suspension, stricter probation terms, more fines and steeper court costs. If you are pulled over for three or more DUIs within a 10-year time period, the court can ratchet up your punishments again and even charge you with a felony for what ordinarily might be a misdemeanor. A felony charge is significantly more devastating – convicted felons often face longer prison sentences as well as chronic problems, such as difficulty getting loans and finding gainful employment.

So what should you do if you have been pulled over for driving under the influence in Los Angeles for second, third, or fourth time? Your choice of lawyer can make a huge difference for your outcome. Many defendants have found that being represented by an attorney who used to be a prosecutor can be a big plus.

Continue reading " Bribing an Officer with a Grilled Cheese? Would It Work for a Los Angeles DUI Suspect? " »

An exclusive report issued last week by the Highway Loss Data Institute (HLDI) about the efficacy of bans on texting-while-driving may have powerful implications for Los Angeles DUI policy.

The HLDI study examined rates of accidents in Louisiana, Washington, Minnesota, and California both prior to and after the implementation of laws banning driving while texting. Although studies by places like Virginia Tech and the National Highway Traffic and Safety Administration have pretty convincingly shown that texting while driving radically increases the risk of accidents, the HLDI data counter-intuitively revealed that the laws banning texting while driving had no effect -- or maybe even had a negative effect -- on safety.

Ray LaHood, the US Secretary of Transportation, issued a scathing response to the study, pointing out that pilot programs in Hartford, Connecticut and Syracuse, New York both showed that driving while texting bans combined with active enforcement can work to get accident rates down.

An article in Discover Magazine, “Texting While Driving Bans Increase Crashes, Study Says; Rumpus Erupts,” tried to square the circle by suggesting that the pilot programs were fundamentally different from the across-the-board state bans. The article said: “the problem is that we are talking about apples and oranges… it’s not hard to imagine a small pilot program… achieving those reductions in texting while driving. Neither is it hard to imagine that across the country, where officers have many other simultaneous priorities… the effect [of the bans] could be mixed or negligible.”

So bringing this back to questions about Los Angeles DUI process and policy… one implication here is that policymakers need to be very careful -- more careful than they usually are -- to make sure that their policies yield intended results. Obviously, everyone wants to reduce incidences of driving under the influence in Burbank, Beverly Hills and elsewhere in the Southland. The question is: how do you do that? How do you respect the rights of both drivers who might be subject to risk as well as the rights of people accused of Burbank DUI?

This brouhaha over the efficacy of texting while driving bans suggests that we collectively need a more creative and data-driven approach to solving our freeway problems. So many different factors cause problems on the road, some of which we can control (such as whether we consume drugs or alcohol or not or whether we text in the phone or not) and some of which we can’t (such as the incredibly knotty Southern California traffic).

To bring this back to a practical discussion… if you or somebody you care about has been arrested for driving under the influence in Los Angeles, you need someone who understands Los Angeles DUI law on both a practical and a theoretical level.

Continue reading " Highway Loss Data Institute Study on Texting-While-Driving Bans Indirectly Shows Flaws in Los Angeles DUI Policies " »