Los Angeles Criminal Defense Attorney Blog

Last Monday, a federal government report announced that over $2.5 billion in Southern California Medicare fraud (and fraud elsewhere) was recovered in 2010. The 84 page report from the Justice and Health & Human Services found that the government’s anti-fraud programs appear to be working well – returning $5 for every dollar spent to combat fraud. Defendants have included hospitals, physicians, manufacturers of medical devices, and pharmaceutical companies.

A CNN report singled out the fraud case of a Tustin, California CFO as “one of the most blatant cases” last year. The CFO pled guilty in April 2010 to charges of recruiting homeless people to engage in unnecessary services in exchange for kickbacks. He was one of 726 different defendants convicted for crimes like Los Angeles healthcare fraud and insurance fraud.

2011 may be an even more vigorous year for anti-fraud activists. The Justice and Health and Human Services report says that over 1,100 new fraud probes will be launched in 2011. 1,700 criminal investigations are pending. And the universe of potential defendants may expand to 2,000+ people. Since the late 1990s, the government has collected approximately $18 billion from individuals and institutions that have committed fraud against Medicare and other healthcare programs.

Both the media and the general public tend to leap to conclusions when they read about Los Angeles credit card fraud and Southern California white collar crime cases – they assume that (or at least a majority do) that the defendants must have done something wrong. Many independent surveys suggest that Americans' faith in the fairness and accuracy of medical billing and insurance billing is, to put it lightly, less than total.

Unfortunately, this attitude – that someone arrested for Los Angeles medical fraud should be found guilty – can become a self-fulfilling prophecy, even if the defendant is innocent.

The reality is that white collar crime cases get exceptionally complex. They can involve multiple laws, codes and regulations. A chiropractor may accidentally commit Los Angeles chiropractic fraud without even knowing it simply because his or her billing set up was inaccurate. A small business owner under financial pressure may make a less than ethical decision or innocent mistake. In either case, if you're convicted of healthcare fraud or a similar crime, you can face jail time, loss of your license to practice medicine or other professional license, huge costs (including, of course, forced reimbursement to insurance companies or government programs) and a general degradation of your professional reputation.

A Los Angeles criminal defense attorney, such as Michael Kraut of the Kraut Law Group, can provide an accurate and strategically-oriented defense. Attorney Kraut is Harvard Law School educated, and he has experience on both sides of Los Angeles white collar crime cases. Not only did he serve for 14 years as a prosecutor for the city, but he has also worked for several years as a defense attorney. His unique perspective and insight have proven quite useful for many white collar crime defendants.

Last week, ex-senator Sheldon Killpack, a Republican from Syracuse, Utah, pled guilty to a DUI charge, prompting political observers and Los Angeles DUI analysts alike to debate how the politician should try to rehabilitate his reputation.

The effects of getting arrested for driving under the influence in Los Angeles, DUI in Glendale, Pasadena DUI, or Burbank DUI can devastate not only in the short-term but also over the long-term. If you do business in a community, for instance, and news of your DUI arrest gets around, you may lose customers; a conviction can anchor your financial dreams for years to come.

The 42-year old Killpack didn’t receive an overly harsh sentence. Judge Shauna Graves-Robertson at Salt Lake City’s Third District Court sentenced Killpack to 48 hours of community service, a 16 hour DUI course, and a fine of $1,350. But the stain of his guilty plea will likely profoundly influence his future political and business prospects.

According to wire reports, the Utah Highway Patrol pulled the senator over on January 15th last year, after Killpack’s truck swerved out of its lane. The senator refused the breathalyzer test and failed field sobriety tests. At Salt Lake City Metro Jail, he took blood tests, which showed him to have a BAC of 0.11% -- 0.03% higher than the Southern California legal limit of 0.08%. Killpack resigned his majority leadership position in the senate the day after his arrest.

Beverly Hills DUI field sobriety tests are probably remarkably similar to the ones that Killpack took:

An officer will assess your mental and physical state using a variety of examinations. The horizontal gaze nystagmus test will examine how well your eyes follow a moving object, such as a flashlight. If your pupils do not respond normally, this could indicate a DUI. Likewise, you will face coordination tests such as “finger to the nose,” “Rhomberg,” “one leg stand” and “walk the line” as well as tests like "recite the alphabet backwards" or "count backwards."

An officer will additionally examine you for “symptoms” of DUI, such as bloodshot eyes, sluggishness answering questions, awkwardness, and easy loss of balance.

Just because you fail your FSTs, however, does not mean that all hope is lost. A tested Los Angeles criminal defense attorney can make an enormous difference to your short and long-term outcomes. The Kraut Law Group – with offices at 9107 Wilshire Boulevard, Suite 450, Beverly Hills, California 90210 310-550-6935 – may be able to provide excellent, immediate help.

Lead attorney Mr. Michael Kraut is a Harvard Law School educated lawyer with excellent industry referrals, a reputation for diligence and results, and lots of experience as a former prosecutor, which he can put to use to help develop your case.

Continue reading " Beverly Hills DUI Update: Ex-Senator Minority Leader Sentenced in Utah for his DUI " »

Many colorful stories of Los Angeles medical, dental, and chiropractic fraud have hit the news over the past year or so. The public may simply be too exhausted to pay attention to them anymore.

This claim sounds absurd at first. After all, you'd think that stories about high crime involving multi-millions of dollars would enrage citizens or at least stir debate – especially during this prolonged economic malaise. But the shocking reality is that many fascinating stories of Southern California insurance fraud, medical fraud and credit card fraud are simply flying under most people’s radars.

To wit, consider a crazy case out of Gary, Indiana that you no doubt missed:

A 59-year-old man (the eclectically named Ebb Greenwood) got indicted in South Bend US District Court last Thursday for bilking the state’s Medicaid program out of nearly $2 million in false claims!

The federal indictment stated that Greenwood worked for two companies – Human Services Transport Providers and At Your Service Transport (both ambulance companies) from 2006 to 2010. During this period, he set up an elaborate billing scam, allegedly, which included false bills for rides that never occurred. Greenwood faces a forfeiture claim as well as multiple Medicaid fraud charges. IN State Attorney General Greg Zoeller issued a press release about the indictment saying that his office was actively working on legislation to tamp down on similar fraud and white collar crime cases.

When you look at the Greenwood arrest and indictment in the context of other state (and even Federal) busts of physicians, healthcare workers and even whole organizations for defrauding Medicare, Medicaid and other insurance programs, the picture looks terribly bleak.

So can Federal and state governments figure out how to deter this criminal behavior?

What’s malfunctioning within the reimbursement system that’s allowing so many people in so many different states to defraud it? Or are these florid arrest stories overblown? In other words, might the government be going after innocent (or semi-innocent) people?

This last question may be very pertinent to you, if you or a family member faces a Southern California white collar crime charge, such as Los Angeles medical fraud, Burbank insurance fraud or any similar crime, like credit card fraud. After all, the consequences of conviction can include everything from loss of your professional and medical license to jail time to forced remuneration (payback) to institutions or people you’ve allegedly defrauded.

Simple seeming Los Angeles white collar crime cases can blossom into extremely technical and complicated situations that require astute legal help as well as an appropriate overall strategy.

Los Angeles criminal defense attorney Michael Kraut (of the widely respected Kraut Law Group) worked for nearly 15 years as a city prosecutor, during which period he aggressively prosecuted white collar criminals, DUI defendants and others. Now as a criminal defense attorney, he and his associates leverage that experience and connections to deliver the highest quality possible defense for Los Angeles white collar crime defendants.

Whether you are a pedestrian or motorist, you regularly fear encountering someone driving under the influence in Pasadena. Those fears may get ratcheted up when you read the tale of 17-year old Robert Leigh, an Isla Vista resident who crashed into an unbelievable 8 (that's "eight" as in 1-2-3-4-5-6-7-8!) parked cars on the morning of January 6th up in Santa Barbara.

Before we delve into this amazing story, we should note that anyone who has recently been pulled over for driving under the influence in Pasadena, DUI in Burbank, DUI in Glendale, or driving under the influence in Los Angeles should avail themselves of critical legal counsel as soon as possible.

Okay, having said that, let's examine the Leigh crash in more detail. According to California Highway Patrol reports, the teenager had been driving his 2009 Toyota Tacoma on El Colegio Road at 3 a. m., when he drifted into the cars like something out of a pinball game. Here is a quote from a local Santa Barbara paper about it:

"He reportedly drifted to the right, striking one parked car, continued on El Colegio and hit four parked vehicles, then negotiated through the Camino Corto intersection. He allegedly struck three more vehicles before he was stopped by a UC police officer."

Once the CHP arrived at the scene of the multiple accidents, Leigh was booked for DUI and taken to Santa Barbara County jail. Fortunately – and probably this is because the accidents occurred at 3 a. m – no injuries were reported.

No one expects to be involved in a pinball-like Pasadena DUI car accident – especially one with injuries. For good reason, too. California Vehicle Code Sections 23153(a) and 23153(b) will essentially take a typical misdemeanor Los Angeles DUI charge and shoot it up to a felony charge. The difference between a misdemeanor and felony is enormous. It could mean extra years in jail, for instance. It could also mean thousands of dollars more in fines, extremely strict probation terms, longer alcohol school time, and permanent long-term problems for you. For instance, convicted felons often find it extremely difficult to get work and to lease a car or an apartment. You will also be forever prohibited from voting in national elections. Furthermore, you may have to pay hiked up insurance costs and restitution to any victims that you hurt.

The silver lining – if there is any – is that charge of Pasadena DUI with injury is a difficult one for prosecutors to prove. Prosecutors can't simply say that you hurt someone while DUI; thus, therefore you should be convicted. After all, perhaps you had been driving normally (i.e., not committing any traffic infractions) when a pedestrian darted in front of you. Yes, you hit the pedestrian. But it was his fault! So even that you were DUI and did hurt somebody, in this situation, prosecutors would be hard pressed to make the DUI with injury charge stick.

The general point here is that the laws abounds with nuances and subtleties. Thus, it’s in your best interest to find someone who has lots of experience with Pasadena DUI law -- such as Pasadena criminal defense attorney Michael Kraut. Connect with the Kraut Law Group at 790 East Colorado Boulevard, 9th Floor, Pasadena, California 91101 (626-345-1899). Here are some reasons why Attorney Kraut stands head and shoulders above the competition:

• He is Harvard Law School educated
• He is a former prosecutor with 14 plus years as a Deputy DA for the city
• He has a huge success rate at jury trials
• He has maintained numerous excellent relationships with local prosecutors and judges
• He is often called in as an expert on local and national media to talk about DUI matters
• He offers a compassionate and proven process to help his clients.

Continue reading " Pasadena DUI Newsflash: Look Out for 18-Year Olds Plowing into Parked Cars. Yikes! " »

The annals of Southern California medical, dental and chiropractic fraud are replete with pretty crazy stories. But a breaking story out of Columbus, Ohio may have even the most tawdry recent Los Angeles white collar crime stories beat. An Ohio area doctor, Charles Njoku, has been sentenced for manipulating his receptionist into posing as a doctor to treat patients and bilk Medicare and Medicaid.

Judge Algenon L. Marbley sentenced Dr. Njoku in District Court to a year of home confinement, three-years of probation, and 416 hours of community service. He must also pay over $130,000 in restitution to Medicare and Medicaid programs. Dr. Njoku -- whose medical license has not yet been suspended, according to the Columbus Dispatch -- should be counting as blessings. The judge could have sentenced him to three decades behind bars and a fine of $1.5 million for his crimes.

His receptionist and co-conspirator, Veronica Scott-Guiler, was also arrested for medical fraud back in January. Scott-Guiler also pled guilty and received a similar sentence. She, too, could have been hit with much harsher penalties – including up to 15 years behind bars. Although the judge did let the Nigerian-born Njoku off relatively easily, he had harsh words for the defendant: "You should be ashamed… you don’t have the excuse [of a poor upbringing] that many of the defendants who come before me have…the good deeds [you] have done are eviscerated by the nefarious deeds committed."

Defrauding programs like Medicare, Medicaid, and Medical can land you in extremely hot legal water. Complicating matters, Southern California insurance fraud laws are mind bogglingly complex. Depending on your crime, you may face charges according to Penal Code Section S550(a)(5), California Insurance Code Section 1872.8, Motor Vehicle Insurance Fraud Reporting 1874.2(a), California Insurance Code Section 1871, and beyond.

A reputable and battle-proven Los Angeles criminal defense attorney who has experience with Los Angeles white collar crimes can help you respond smartly to the charges and avoid making errors or omissions that could complicate your defense.

Look to Mr. Michael Kraut of the Kraut Law Group to get immediate and strategic help with your defense today. This former prosecutor and regular media consultant attended Harvard Law School. He has a deep command of relevant case law as well as lots of practical courtroom experience and a great track record.