Los Angeles Criminal Defense Attorney Blog

Last week, 700 FBI and Health and Human Services agents rounded up 111 suspects in nine cities – including five people suspected of Los Angeles Medicare fraud – in the “largest-ever Federal health care fraud takedown” in the United States, according to government officials. The Los Angeles Times reports that five LA defendants “cheated the government out of more than $225 million in false billing schemes that included fraudulent claims, kickback operations, money laundering and identity theft.”

A spokesperson for the Justice Department’s Criminal Division, Assistant Attorney General Lanny Breuer, said “our message is clear… we are determined to put Medicare fraudsters out of business.”

The Justice Department’s task force has really revved up, since its inception in early 2007. So far, nearly 1,000 people have been charged for false billing schemes – approximately 75% of these people have been convicted. The average prison sentence has been quite substantial – 43 months (more than 3.5 years). In 2010 alone, national, state, and local task forces raked in about $4 billion in fines and recovery payments.

A February 17 L.A. Times article summarized the situation this way: "The charges brought Thursday run the gamut of offenses. Some are accused of submitting claims to Medicare for treatments that were medically unnecessarily or never provided. Some are suspected of recruiting patients for hospitals and doctor's offices, and then pocketing lucrative cash kickbacks.” A Detroit area podiatrist charged Medicare for toenail removals that never occurred. In addition to Los Angeles Medicare fraud busts, authorities made arrests in Dallas, Miami, Baton Rouge, and Brooklyn, New York.

Given the government's crack down on crimes like Southern California insurance fraud, Los Angeles credit card fraud, and Southern California white collar crimes, defendants need to pay attention to their rights and identify resources to help them respond judiciously to charges.

An experienced Los Angeles criminal defense attorney, such as Michael Kraut of the Kraut Law Group, can bring to bear an arsenal of strategies and resources to guide you through the legal maze. Attorney Kraut is an ex-prosecutor who has dealt with many sophisticated Los Angeles white collar crime cases, and his amazing success rate at jury trials (99%) and deep connections with (and abiding respect from) local prosecutors and judges should encourage any prospective clients – even clients facing difficult and complex charges.

In fairness, anyone who gets pulled over for suspicion of driving under the influence in Southern California might act a little strange. Indeed, this blog has covered accounts of DUI drivers hiding goats in their car and operating boats, mopeds, and even lawn mowers while under the influence of alcohol and/or narcotics.

But a new level of total bizarreness might just have been reached last week, when an Ohio man attempted to weasel his way out of trouble by claiming that he was just “mowing the sidewalk” when the cops found his car stuck in a snow bank, revving furiously and going nowhere.

Obviously, crimes such as driving under the influence in Glendale, DUI in Burbank, DUI in Pasadena, and Los Angeles DUI should be taken seriously. But it’s important to acknowledge the absurdities that sometimes occur during DUI stops – not just to amuse readers but also to remember just how stressful DUI stops can be and how they can warped our judgment.

But anyway, back to the story. Steve Urbansky drove his car into a snow bank in the city of Lorain, Ohio early last Sunday morning. As Urbansky vainly tried to free his vehicle, the commotion attracted the attention of an officer, who found the 46-year-old sitting in his vehicle, desperately trying to get it unstuck. In addition to telling the officer that he was “just trying to mow the sidewalk,” Urbansky admitted to having consumed alcohol and failed field sobriety tests. The officer also found an open can of beer in his glove box. To top it off, Urbansky has two DUI convictions on his record – one in 1997, one in 1999.

Standard Glendale DUI field sobriety tests are almost certainly similar to the FSTs that Mr. Urbansky got put through.

The officer who pulls you over will ask you to perform a variety of tasks, both mental and physical, to assess your fitness for driving and determine whether to give you a chemical test, such as a breathalyzer or a blood test, to check your blood alcohol concentration.

DUI tests are fairly straightforward. For instance, you may be asked to walk up and down the white line on the side of the road – the so-called "walk the line test." Or you may be asked to recite the alphabet backwards, count backwards, balance on one leg, allow the officer to shine a flash light in your eyes (horizontal gaze nystagmus test), and engage in other more complicated tests like the finger to the nose test.

You might think that these assessments would accurately separate DUIs from sober drivers. But they often yield inconclusive results or even false positives. Someone who has had a lot of balance training – such as a martial arts master or a gymnast – may have a relatively easy time completing the FSTs, even if he or she is over the limit. On the other hand, someone who is fatigued, uncoordinated, or simply anxious and confused, might fail, even though he or she is completely sober or at least definitively not over the California legal limit of 0.08% BAC.

A competent Glendale or Los Angeles criminal defense attorney can provide essential services during your legal crisis. Michael Kraut of the Kraut Law Group (offices in Glendale at
 450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) can provide a free and important case evaluation today. Attorney Kraut is a widely admired figure in the Los Angeles DUI community. Not only did he serve for a long time as a prosecutor with the city (he thus understands how prosecutors think) but he also attended Harvard Law School and he boasts an excellent record at jury trials.

Continue reading " Glendale DUI Doozy: Man Arrested for DUI after Telling Police He was “Trying to Mow the Sidewalk” " »

When you picture Southern California medical, dental, or chiropractic fraud arrests, you might envision a surly doctor conspiring with a criminal cohort to develop sophisticated white collar crime techniques.

You might not imagine that eight nurses (between the ages of 32 and 55) would be capable of pulling off a scam that bilked Medicare out of nearly $19 million.

But that’s exactly what the Department of Justice has alleged against eight RNs in Miami. The owners of two health care agencies, Florida Home Health Care Providers Inc. and ABC Home Health Inc., allegedly charged Medicare for unnecessary services (or services that never got provided) to the tune of $18.7 million. Last Tuesday, the eight nurse-owners – Diana Sanabia, Daisy Santos, Roberto Rodriguez, Marlene Magadan, Maria Perez, Alberto Alvarez, Yanisley Chao, and Leonardo Malagon -- got sentenced to prison time as well as forced restitution (upwards of $700,000) for their roles in the Medicare scam.

Developing a defense to Los Angeles credit card fraud, insurance fraud, or health care fraud charges can be excruciatingly challenging. After all, Southern California white collar crime law is complicated, and many different laws may or may not apply, depending on what you allegedly did or did not do.

Designing a best fit defense means understanding not only precisely what the charges against you mean, but also how the prosecution will likely argue its case. Given that your medical and professional license, reputation, and even personal freedom may be on the line, it behooves you to get in touch with a Los Angeles criminal defense attorney, such as Michael Kraut of the Kraut Law Group, to come up with and execute an appropriate white collar crime defense.

Attorney Kraut understands how prosecutors think because he actually was one for 14 years. He has the education (Harvard Law School) and respect from his legal peers (often featured as a guest analyst on CNN, New York Times, KTLA Los Angeles, etc.) to give you an optimized defense, even if you face complicated and highly technical counts.

Last Friday, 53-year-old Jeffrey David Kirby of Costa Mesa was sentenced for felony vehicular manslaughter while driving under the influence in Southern California. In March 2009, Kirby lost control of his 2004 Ferrari and smashed into Charles David Lewis, a famous mixed martial arts entrepreneur and founder of the closing line TapouT.

Lewis had been driving so fast that his sports car ripped in half upon smashing into a light pole.

Although most arrests for DUI in Burbank, DUI in Pasadena, Glendale DUI and Los Angeles DUI are far less “drama filled” and headline grabbing, Kirby’s actions both before, during, and after the crash read like he showed persistently poor judgment.

First of all, consider the fact that Kirby had a DUI conviction back in 2002. After getting that conviction, Kirby was given a warning called the Watson Advisement -- this is a formal way of reminding you that driving under the influence can be lethal. If, after receiving this advisement, you then go out and commit a DUI injury or kill someone while DUI, your penalties can be ratcheted up significantly. You could even face a Pasadena DUI murder charge in extreme cases.

Second, consider that Kirby fled the accident scene after he rammed into Lewis. Leaving the scene of an accident is a crime in and of itself – a so-called “hit and run” – and it could be charged and punished separately.

Finally, according to prosecutors, Kirby had a blood alcohol concentration (BAC) over twice the Southern California legal limit of 0.08% a full two hours after the accident. In certain cases, if you have an extremely high BAC level, prosecutors can ask for additional charges, such as bigger fines and longer time in jail.

In Kirby’s case, he escaped a DUI murder charge, but he did get convicted under the California Vehicle Manslaughter Law and got a nine-year prison sentence for the DUI death.

In a typical Pasadena DUI vehicular manslaughter, prosecutors will check out police reports and reports from other agencies to figure out how to charge the defendant.

A qualified Los Angeles criminal defense attorney who has experience in homicide cases can probe the accident by interviewing experts, reconstructing the scene of the accident, reviewing toxicology reports and poring over relevant documents or witness statements to help you build a creditable and powerful defense.

Connect with Pasadena DUI defense attorney Michael Kraut for an immediate and free consultation. The Pasadena branch of the Kraut Law Group is located at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Not only does Attorney Kraut have a spectacular record at jury trials and a wealth of experience as a former prosecutor (14+ years working for the city prosecuting DUI cases) which he leverages to help his defense clients, but he also understands applicable law both in theory and practice. He has delivered best results for clients even in complicated and highly technical cases.
he defendant.

A qualified Los Angeles criminal defense attorney who has experience in homicide cases can probe the accident by interviewing experts, reconstructing the scene of the accident, reviewing toxicology reports and poring over relevant documents or witness statements to help you build a creditable and powerful defense.

Connect with Pasadena DUI defense attorney Michael Kraut for an immediate and free consultation. The Pasadena branch of the Kraut Law Group is located at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Not only does Attorney Kraut have a spectacular record at jury trials and a wealth of experience as a former prosecutor (14+ years working for the city prosecuting DUI cases) which he leverages to help his defense clients, but he also understands applicable law both in theory and practice. He has delivered best results for clients even in complicated and highly technical cases.

Continue reading " Pasadena DUI Experts Explore Vehicular Manslaughter Case in Santa Ana " »