Los Angeles Criminal Defense Attorney Blog

Angelenos read the stories all the time and judge harshly: when doctors, chiropractors, dentists, pharmacists and other providers commit healthcare fraud in Los Angeles, we have a visceral reaction of disgust.

• How could someone charged with caring for the lives of our neighbors so grotesquely take advantage of their positions of power?
• Given our fiscal crisis at home here in California and nationwide, why would anyone try to rob the already fast-dwindling Medicare coffers?

If you or someone you care about has been charged with a crime, such as Southern California health care fraud – or even a marginally-related crime, such as insurance fraud in Los Angeles, credit card fraud in Burbank, etc. – you may feel an urge to respond defensively. First of all, the charge against you might be unfair, unwarranted, or overly harsh. But even if you did do something wrong, it wasn’t as if you sat up in bed one morning and decided to go down the “path of evil” for arbitrary reasons.

In fact, very few people engage in Los Angeles health care fraud schemes to be purposefully immoral. Quite to the contrary, Los Angeles healthcare fraud often begins when a professional or personal need is not met. For instance, perhaps you are a physician who got sick and tired of the way that the insurance companies treated you and withheld funds. Your practice suffered, and you found it more and more difficult to keep up with your workload, treat your patients with compassion and attention, and have a life at the end of the day.

So you felt like you “deserved” a little something back for your efforts.

Thus, you went down a slippery slope. You began to engage in illegal activities that grew in sophistication, size, and complexity over time. This continued until, of course, you were investigated, arrested and charged.

At the end of the day, yes, you engaged in stupid or illegal practices. But you were simply trying to even out an unfair playing field that prevented you from doing the good work that you went into medicine to do.

The question now is: What can you do to set the score right, make effective reparations, protect your professional reputation and license (if possible), and respond to critics, both in your community and in your professional and personal circles?

The Kraut Law Group has an incisive, compassionate, and highly respected team. A Los Angeles criminal lawyer can listen to your needs and help you develop strategies to minimize your penalties and maximize your ability to move on from this event. Attorney Michael Kraut is a former prosecutor (he spent nearly a decade and half as a Senior Deputy District Attorney for Los Angeles), so he understands how prosecutors operate and how defendants can best fight the charges against them.

Last Monday, 61-year-old Christopher Iruke was sentenced to 15 years in federal prison for designing and executing a Los Angeles Medicare fraud scheme; he leveraged his position as a local pastor to defraud the government. Iruke and his wife, Connie Ikpoh, and Aura Marroquin (an employee) were convicted in August of Los Angeles health care fraud and conspiracy to commit fraud.

Last Monday, US District Judge Terry Hatter sentenced Iruke for his role in the complicated scheme. According to a CNN report, during the 2011 trial, prosecutors presented evidence “that Iruke bought fraudulent prescriptions and documents…to bill Medicare for equipment that were either medically unnecessary or never provided”…for instance, they billed Medicare of about $6,000 for a power wheelchair that actually cost closer to $900.

As Iruke’s situation escalated and became more legally and logistically entangled, he asked his sister to protect him from a Medicare audit by opening two additional medical supply firms. Witnesses told jurors that Iruke and his coconspirators “paid kickbacks to street level marketers to offer Medicare beneficiaries free [devices and equipment] in exchange for the beneficiaries’ Medicare numbers and personal information.” Iruke and his conspirators allegedly leveraged these data as part of their complicated scheme.

Iruke’s case is classic in the sense that what started out as relatively simple and straight forward Los Angeles Medicare fraud escalated and became more complicated. Eventually, all of the complications proved too much, and the scheme collapsed. Unfortunately, individuals who have been tried for crimes like Southern California insurance fraud, Los Angeles credit card fraud, etc., often “dig themselves deeper” once they have gotten into trouble. When you compound your legal woes by committing more fraud and more crime, you vastly complicate the job of your Los Angeles white collar criminal defense attorney and reduce your odds of a successful outcome for your defense.

No matter where you are in the legal process, it’s never too late to begin to get proper and effective legal guidance. Connect with a professional at the Kraut Law Group to explore strategies to protect your legal rights and make the best out of your situation.

On January 1, Cedillo’s Law went into effect, which could reshape the landscape of Long Beach DUI field sobriety tests (and FSTs throughout the Southland). The law is designed to protect undocumented and unlicensed immigrants from being exploited by towing companies. It forbids authorities at FSTs for DUI in Long Beach and elsewhere from towing the car of a driver operating a vehicle without a license.

Advocates of the law are thrilled; they point out that towing truck operators exploited the old towing rule, particularly at intersections in East and South Los Angeles. A spokesman for the Southern California Immigration Coalition, Ron Gochez, told the Los Angeles Times: “They know which communities have a higher population of unlicensed drivers…we see it [the current towing paradigm] as a money making scheme off the backs of poor people.”

Cedillo’s Law was opposed by groups like the Los Angeles Police Protection League and by grieving fathers like Dan Rosenberg, who lost his young son in 2011, when an unlicensed driver crashed into him. Rosenberg told the Times: "I have a lot of sensitivity for people who are willing to risk their lives to come to this country illegally…but you can’t do that the expense of others.”

While we can debate the merits of Cedillo’s Law, the fact is that it is now law. Unfortunately, many drivers arrested for crimes like driving under the influence in Long Beach lack a complete understanding of their rights and obligations under laws like California Vehicle Code Section 23152(a) or 23152(b).

Fortunately, you need not struggle through the minutiae on your own. An experienced, thorough, and compassionate Long Beach DUI criminal defense attorney from the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can be your ally and advocate as you navigate new challenges. Connect with the team here at Kraut Law Group right now to understand potential options and make the most of your defense.

Continue reading "Breaking Long Beach DUI Field Sobriety Test News: Unlicensed Drivers Will No Longer Get Their Cars Towed at FSTs" »

Practically no one intends to drive under the influence in Glendale. Misjudgments, carelessness, and other factors come into play and ultimately lead to dire circumstances. It’s typical for Glendale DUI defendants to have trouble explaining to other people precisely what went wrong and why.

After all, everyone knows the dangers of driving under the influence in Glendale -- the serious penalties that you can face if you violate the law, not to mention the long-term costs that you will face financially, emotionally, and physically. Often what happens is not a thought out “breaking of the law,” but rather a momentary lapse of reason that has consequences well beyond the moment.

That’s all a little abstract. The explanation does not have the metaphorical punch needed to really communicate this feeling. Fortunately, the Discovery Channel’s MythBusters accidentally created the perfect metaphor to help give people perspective for what it feels like get busted for Glendale DUI. On December 7, the MythBusters team was experimenting with what happens to a cannon when it fires materials other than cannonballs.

Guess what? A massive accident happens!

According to the Times, the Discovery team fired a cannon at some trash cans, but the projectile went off course into a nearby home, where a couple was sleeping. Their bedroom was pierced by a 10-inch hole. According to the Times, “the cannonball was travelling as fast as a bullet. It exited the house, bounced across four lanes of traffic, struck the roof of another house and then smashed through the window of a parked minivan.” Fortunately – miraculously, perhaps – no one was injured. But the incident shows how small miscalibrations, accidental or even on purpose, can ricochet to massive, dangerous effects.

Likewise, when you miscalibrate how to drive in Glendale – drive too fast, drive while distracted, drive while DUI – the consequences can be metaphorically similar to the consequences of that misfired cannonball shot. Damages to life and limb can be the tragic consequence.

If you or someone you care about needs a Glendale DUI criminal defense attorney, trust Michael Kraut of the Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123). Mr. Kraut is a Harvard Law School-educated former District Attorney (14-plus years in that office) who has close relationships with those in the legal community and a terrific track record helping defendants like you.

Continue reading "The Perfect Metaphor for Glendale DUI: MythBusters Show Rockets Cannonball Through Sleeping Couple's House" »

Most people who go to jail for crimes like Los Angeles Medicare or Medi-Cal fraud do not spend weeks or months ruminating over whether to skirt the law and ultimately decisively concluding to “lead a life of crime.”

That may be the way events play out on TV. But, in reality, the temptation to commit any Southern California white collar crime, like Los Angeles credit card fraud, insurance fraud in Los Angeles, etc is slowly and incrementally hatched.

In other words, there is no "a-ha!" moment – no epiphany where a doctor, chiropractor, dentist, or other professional makes an “evil villain” type speech and crosses over to the dark side.

Instead, what happens is that frustrated, angry, or opportunistic business people come to identify fraudulent activities as doable and acceptable, based on their circumstances. The human mind has an amazing ability to justify what it wants to justify. Thus, for instance, say you are a doctor who has spent years getting ripped off by unfair insurance practices and patients who skip out on bills. You may develop the belief that it’s right to “take something back” for yourself, and thus the seeds for Medicare or Medi-Cal fraud are planted in your mind.

You may develop this belief months, if not years, before you violate industry norms, but the belief sits there, eroding your good judgment and causing you stress.

The other thing to remember is that white collar crimes are often crimes of desperation. Or at least they start out that way. Perhaps you had a mortgage payment ballooning ever higher every month. Or maybe you have kids in school, and you need to pay for their education somehow. Or maybe you become aware of a gray market connection with a dubious pharmacy, or you read about some cunning scheme that another medical fraud artist pulled off in some other state.

The point is: what drove you to do what you did was almost certainly a real and understandable human need. Maybe you needed to protect your children, save your home, prop up the business that you grew and loved, enjoy the fruits of your labor. Whatever the fundamental need was, it was not necessarily a bad thing. The strategy that you may have employed might have been dangerous, stupid, illegal, etc. But avoid condemning the need that drove you to desperate measures.

Of course, platitudes aside, you need a specific, action-oriented plan to help you build a defense. Los Angeles Medicare fraud attorney Michael Kraut of the Kraut Law Group can help you discover the most picture perfect legal plan based on what you’ve been charged with.

This blog is not the only blog on the web to voice serious concerns over Los Angeles Medicare fraud investigative practices.

Indeed, it’s common knowledge that both state and federal efforts to identify, track, and thwart Southern California white collar crimes, like Los Angeles’ insurance fraud, credit card fraud, healthcare fraud and the like are stymied by bad processes and systems. It's a fiasco: there are problems with method, investigators who are not incentivized correctly, evidentiary mistakes, etc. Outsiders introduced to the system often blanch at just how out of control things seem to be.

Last week, an AP article crystallized the frustrations many people out there in the Los Angeles criminal defense community have been feeling:

“Contractors pay tens of millions of taxpayer dollars to detect fraudulent Medicare claims using inaccurate and inconsistent data that makes it extremely difficult to catch bogus bills submitted by crooks, according to an Inspector General’s report released Monday.

Medicare's contractor system has morphed into a complicated labyrinth, with one set of contractors paying claims and another combing through those claims in an effort to stop an estimated $60 billion a year in fraud. The U.S. Department of Health and Human Services Inspector General's report… found repeated problems among fraud contractors over a decade and systemic failures by federal health officials to adequately supervise them.”

This is huge. Huge.

Consider: $60 billion a year in fraud is not exactly chump change, especially in our current economic climate, where monumental political battles are waged over sums one-thousandth that amount.

The system to police and enforce antifraud rules seems broken. When healthcare fraud experts, such as Harvard University’s Malcolm Sparrow, say things like this – “Very few private contractors have financial incentives which are genuinely linked to protection of public funds” – how are we supposed to make progress, clean up the mess, deter fraud, punish wrongdoers appropriately while simultaneously protecting their rights and get them rehabilitated quickly?

Most people will read blog posts like this and just shake their heads at the chaos of it all. But what if you are someone who has been charged with a crime, like Los Angeles Medicare fraud, and you know (or at least you believe) that the charges against you are either blatantly unfair or at least trumped up and inappropriate?

With the investigative situation so out of control, how can you ensure that you are protected from arbitrary judgments that could destroy your medical, dental, or chiropractic career and lead to jail time, unimaginable fees and fines, and other long-term stresses?

Connect immediately with an attorney at the Kraut Law Group to discuss your Los Angeles Medicare fraud charges. Attorney Michael Kraut built a reputation as one of LA county’s toughest prosecutors when he worked in the Deputy District Attorney’s Office (14 plus years); as a Los Angeles Criminal Defense Attorney, he has proven himself to be a powerful, effective, and passionate champion for those who have been unjustly or unfairly charged.

If you or someone you care about was recently arrested or investigated for a crime like Southern California Medicare/Medi-Cal fraud, your life has been topsy-turvy.

The penalties associated with your charges could include substantial jail time and forced reparations. You could also lose your dental, medical, or chiropractic license. On top of that, a seemingly endless array of ripple effects could haunt you: e.g. loss of your professional reputation, loss of respect from your family members and peers, financial problems, etc.

Perhaps the most frustrating thing about being tagged for Los Angeles Medicare fraud (or Southern California credit card fraud, Los Angeles insurance fraud, or other so-called white-collar crimes) is the self-recrimination that often follows.

When most people read stories about Medicare fraud, they immediately jump to conclusions. A suspect may be deemed a “reprehensible person” or someone who “just doesn’t care” about sick people. If you are a defendant, you’d like to be seen in a more compassionate light, even if what you did, in retrospect, was not aligned with your fundamental values.

Because of this dissonance – you did something that violated your own values and principles – you may feel tremendous guilt on top of everything else. This pain can be uncomfortable and chronic, and may challenge you long after the fact.

Remedy the situation. First of all, become aware of your feelings about what happened. If you repress your feelings and thoughts about the event – the alleged crime, the arrest, everything that followed – you will never be able to learn from it and grow, and you may even compromise your ability to build a solid defense.

As any respected Southern California Medicare fraud attorney will tell you, the first step in any kind of legal defense is to assess reality. It’s less important to assess blame, guilt, wrongness, etc. It’s far more useful to discuss what happened; what motivated you to do it; why you became involved in the first place; and why you didn’t stop even after seeing warning signs.

Only with these answers can you begin to construct the most appropriate response to your legal situation. Connect with the team at the Kraut Law Group. Los Angeles criminal defense attorney Michael Kraut is an experienced former prosecutor who has the track record, compassion, strategic vision, and connections to help people charged with a complicated white-collar crime, like Medicare fraud.

Every driver in the valley is somewhat sensitized to the dangers of driving under the influence in Glendale, etc.

But if you are a parent, you’re probably especially aware of vulnerabilities that you and your kids face on freeways and even surface streets. That’s why so many people here in the Southland – especially parents – were alarmed by a story out last week out of New Jersey. According to USA Today, a 46-year-old bus driver, Carole Crockett was arrested last Monday afternoon, after she drove 25 children to Westhampton Middle School in NJ while intoxicated.

How “under the influence” exactly was Crockett?

According to newspaper reports, the bus driver blew a blood alcohol level of 0.25% – to put that in perspective, that’s more than three times the legal limit for Glendale DUI, as defined by California Vehicle Code Section 23152. (Indeed, the 0.08% threshold is the national standard, according to the Highway Safety Research and Communications organization.)

How, exactly, did this bus driver DUI situation transpire? Here's a quote from the Washington Post’s blog: “children in a school bus in New Jersey called their parents to say the driver was swerving and falling asleep behind the wheel. The parents called the Westhampton Middle School, which alerted police. Officers found Carole Crockett at Holly Hills High School trying to pick up more students.”

These extra details create new cause for consternation.

Number one: why did the bus driver continue to try to pick up students, after she was falling asleep behind the wheel? That’s terrifying.

Number two: how could any parent have known and thus prepared against such a contingency? The answer is: not even the most prepared parent could.

Per the Post, 46-year-old Crockett “faces 25 counts of driving under the influence with a minor and child endangerment.”

Obviously, most people react in a shock horror to stories about Glendale DUI school bus accidents and the like. But the reality is, any time you drive under the influence of alcohol, drugs, or even prescription medications, you potentially put not only your own life but also the lives of others in serious danger.

For help understanding your rights and responsibilities, connect with an experienced Glendale DUI criminal defense attorney, such as Glendale’s Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123). Michael Kraut is a former city prosecutor with a wealth of experience, deep connections with the legal community, and a reputation not only for stellar performance but also for passionate and powerful service.

Continue reading "Every Parent’s Worst Glendale DUI Nightmare: What If You Kid’s School Bus Driver Had a BAC of 0.25%??" »

So much happened last week in Los Angeles criminal defense news. Yet one story dominated the headlines and even momentarily distracted the populous from the sad but ever-developing story of Lindsay Lohan’s DUI/probation violation/grand theft/morgue duty skipping/playboy stripping saga.

Let’s quickly recap some of the “big events” in the Murray-Jackson saga from last week. Last Monday, 12 jurors found the 58-year old doctor guilty of involuntary manslaughter, just days after pop icon Michael Jackson's physician appeared on The Today Show. Sentencing has been set for November 28th.

But that wasn’t the end of the drama!

• A medical imaging company has sued the doctor for nearly $150,000 dollars.
• Different jurors have begun telling their stories to the media. One juror confided to the New York Daily News that “she voted to convict (Murray) because he made a covert phone call to Michael Jackson’s handlers rather than dialing 911 first."
• Another juror went on Good Morning America and said that she convicted the doctor “because she believes Michael Jackson would be alive today if it had not been for the doctor… 'Conrad Murray did it.'”
• Dr. Murray was placed on suicide watch.

And that wasn’t even the end of all the drama.

NBC aired a documentary, “Michael Jackson and a doctor – a fatal friendship,” which retold the Murray story from the doctor's perspective. October Films, a production company from England, followed the doctor through his trial. Michael Jackson’s family was hugely critical of the filmmakers, whom some alleged contributed significant money to the doctor’s legal defense.

All in all, it’s clearly a huge, complicated mess – just the kind of story about Los Angeles crime that the media loves and the populous eats up.

But aside from the distraction value, is there anything actionable that we can learn from all this hoopla? In other words, if you or someone you care about was recently arrested in the Southland for Los Angeles Medicare fraud, insurance fraud in Southern California, Los Angeles healthcare fraud, etc, can you learn anything substantial from Murray’s defense (or lack thereof) and the way that the trial was covered?

Obviously, Dr. Murray’s criminal situation – his charges, his relationship with the most famous singer of all time, etc – colored his case and made the situation unique. However, the rapidly evolving and difficult situations that Murray found himself in can give us insight. His legal situation quickly became chaotic as events unfolded. This can be normal. No matter how carefully you plan your defense, surprises can happen, often when you least want or expect them.

That’s why it’s so important to choose a legal representative who will be there for you, fighting for you, and making the most precise, strategic and effective moves.

Los Angeles criminal defense attorney Michael Kraut of the Kraut Law Group (6255 Sunset Boulevard, Suite 915, Los Angeles, California 90028) can help you. Mr. Kraut is a Harvard Law School educated former prosecutor with terrific reputation and a fantastic track record at jury trials.

Last Sunday, 25-year-old Semhar Tadesse was arrested for DUI after allegedly blowing through a red light. Blogs and major media who cover stories like celebrity DUI in Long Beach (and elsewhere in the Southland) reported that the former “Survivor” contestant blew a BAC reading of 0.14% -- nearly twice the limit for Long Beach DUI, pursuant to California Vehicle Code Section 23152(b).

A KTLA report said that Tadesse was arrested on the spot, after law enforcement officials smelled alcohol on her breath and tested her to have a 0.14% BAC. The reality star was released from jail after posting a $5,000 bail.

A TMZ.com report on the arrest reveals more details: “Sources close to Semhar tell (TMZ.com), she was unable to walk in a straight line because of a foot injury – but the reality star is still accepting responsibility and feels extremely disappointed in herself… especially after losing a close friend to drunk driving in the past.”

If Tadesse understood on a deep and personal level that driving under the influence in Long Beach (or elsewhere) would be so dangerous, then why did she ignore her “better angels” and get behind the wheel? Not only did she test her limits, but she also allegedly drove through a red light.

One can only speculate here. However, this question is certainly germane. Too often, we are quick to judge someone as "guilty" or "not-guilty" – or as a “good” or “horrendous” driver. In reality, our driving skills – and our moral reasoning abilities – depend intimately on circumstances and specifics. The decisions that Tadesse made (or failed to make) need to be understood in the context of her life and story. Since we do not have access to those details, it’s difficult for anyone to objectively and systematically understand the lapse in judgment and thinking that went on.

This point is critical, and it is why, if you or someone you care about has been arrested for driving under the influence at Long Beach, you might benefit tremendously from the counsel of an experienced Long Beach criminal defense attorney, like Michael Kraut of the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454).

A good attorney can dig beneath the details of your arrest to uncover legal tactics and strategies to minimize your penalties and maximize your chances of getting back on the road (safely). He or she can also work with you to help you understand the fundamental misjudgments or dangerous beliefs that led you into legal trouble in the first place.

Attorney Kraut is a Harvard Law School educated former Deputy District Attorney for Los Angeles. He has won the respect of judges and legal peers and has a spectacular success rate at jury trials.

Last Thursday, 14 people were indicted on federal charges of Los Angeles Medicare fraud, after billing Medical and Medicare for over $6 million in medical services that were either never performed or completely unnecessary.

The five-count indictment is against Lake Medical Group (based here in LA). The scam artists allegedly bilked insurance companies out of over $2.7 million in Oxycontin-related sub-scam. According to a Thursday report in the San Francisco Chronicle, so far 10 people have either surrendered or been placed under arrest. Pharmacist Theodore Yoon, as well as two doctors – Dr. Morris Halfon and Dr. Eleanor Santiago – were among those who allegedly conceived of and perpetuated this Los Angeles Medicare scam.

Here are the gory details, courtesy the San Francisco Chronicle article: "Investigators said the scam between August 2008 and February 2010 involved the clinic using recruiters known as “cappers” who brought in Medicare and Medical patients who were often issued a prescription for Oxycontin. They were offered up to $500 to get the prescriptions filled… Runners took the patients to pharmacies, including some run by Yoon… the clinic’s administrator was given the pills that were then sold on the street for roughly $25 a piece [the pills usually sell for around $6 each].”

In 2009, members of the scam sold 2,000 Oxycontin pills to a confidential informant. Prosecutors alleged that approximately 900,000 Oxycontin pills might have been diverted into the scam.

Here is another interesting line from the article: “The clinic and some of its staff also are accused of generating prescriptions for people whose identities were stolen and never made a visit.” The so-called “runners” were vital conduits for getting the Oxycontin into the black market.

Obviously, there are multiple aspects of the story that are viscerally disturbing. Our state faces a fiscal crisis, our entitlement systems could be charitably described as “in tatters” and we have more than enough people already addicted to painkillers and other narcotics.

All that said, it’s important not to rush to judgment here.

If you've recently been charged with a Southern California white collar crime, like Los Angeles credit card fraud or Pasadena insurance fraud, you deserve a fair, comprehensive, and strategic defense. Moreover, even if you did participate in a scheme or conspiracy, the actions you take from this point forward can profoundly affect not only your potential sentencing but also your ability to practice medicine and your professional reputation.

In other words, even if the charges you face are extremely serious – and jail time seems inevitable at this point – don’t abandon hope. Los Angeles’ Kraut Law Group can provide a systematic, clear, and compassionate assessment of your defensive resources and help you identify precisely what you need to do (and perhaps more importantly, what you should NOT do) to pick up the pieces of your life and put them back together again.

Last Monday, Armen Kazarian, a “Vor” or “don” for the Armenian mafia, admitted in court that “I was involved in a criminal conspiracy,” including Southern California Medicare fraud.

Last October, federal investigators busted up Kazarian’s ring of 118 “phantom” clinics that allegedly made off with over $35 million in funds. All told, Kazarian and his co-conspirators tried to defraud the government out of around $160 million. 70 mobsters stand accused. So far, only Karen Aharonian and Rafik Terdjanain have pled guilty. The deal that the mob godfather developed with prosecutors generated heated debate on the blogosphere. According to the New York Daily News, Kazarian “admitted Monday to making threats and other crimes in exchange for the light (3-year) sentence. The final details of the plea were put off for a week.” Prosecutors who busted up the ring expressed their respect for the size and structure of the Armenian mob’s conspiracy, saying that it “put the traditional mafia to shame.”

Will busting up Kazarian’s ring fundamentally alter the game? When reports suggest that Medicare fraud losses top $60 billion a year, it’s hard to see how any individual busts -- even of the size and scope of this crackdown -- can have fundamental, game changing effects.

This isn’t to say that actions to clamp down on crimes like Southern California identity theft, Los Angeles white collar crime and Southern California insurance fraud shouldn’t be priorities. But let's at least collectively acknowledge the limitations that law enforcement agencies face.

Elsewhere, Business Week has reported that a Federal judge in Tennessee has ordered three companies to pay over $86.2 million in a separate Medicare fraud case started up by a whistleblower.

What should you do if you’ve been accused of medical, dental or chiropractic fraud in Southern California? A Los Angeles criminal defense attorney can help you organize and follow through on a strong strategy. But time is of the essence. The longer you wait to retain experienced counsel, the more difficult may be to assemble evidence, construct arguments and anticipate prosecutorial tactics. Attorney Michael Kraut of Los Angeles’ Kraut Law Group spent the bulk of his career as a city prosecutor (Senior Deputy District Attorney), and he leverages his former prosecutorial experience to tremendous effect for his clients. Attorney Kraut can provide a free, comprehensive and confidential consultation about your white collar crime charges.

Politicians, pundits and “everyday Americans” alike are striving to stamp out Southern California Medicare, Medi-Cal and Medicaid fraud – and for good reason. Consider Massachusetts Republican Senator Scott Brown's recent rant against fraud in the Medicare system: “The Government Accountability Office has estimated that nearly 10%, or $47 billion, of annual Medicare spending is nothing but waste, fraud or abuse.” Attorney General Eric Holder has put the number higher – at $60 billion. "We need Medicare administrators to work to prevent these improper payments – instead of the existing “pay and chase” model that makes the system so susceptible to fraud."

Senator Brown and others are livid, understandably. Southern California white collar crimes, such as Los Angeles insurance fraud, Pasadena Medicare fraud and identity theft not only sap money from a strained system but also cause a deterioration in our ability to trust institutions designed to protect us and support us in times of need.

It’s easy to look at enormous numbers like this – $47 billion, $60 billion – and to develop a mentality that it’s “all these people’s fault.” In other words, there is a handful of “bad guys” who are robbing the system blind. If we could only catch and punish these perpetrators, then our health care system would be fixed, our economy will be righted, and all would be well.

If only things were that simple!

The reality is that our fiscal and health care crises are complex and likely related to foundational factors – for instance, we have collectively been consuming vastly more sugar per capita than we were eating back in the 1960s and 1970s. And guess what? Rates of obesity, diabetes, and other diseases have shot up since those halcyon days.

This is not to say that we shouldn’t streamline our entitlement systems or punish people who commit property crimes. But let’s get real. When you shovel bucket loads of sugar down the mouths of Americans, more people are going to get sick, and more people are going to need health care. But instead of addressing foundational issues like this; politicians and policymakers seem happier to identify and castigate people who commit fraud, waste, and abuse.

Again, this isn’t to say that people who commit crimes should be exonerated. And as an experienced Los Angeles criminal defense attorney will tell you, Southern California white collar crime cases are often extremely complicated, and defendants who do commit wrongs often should (and want to!) correct what they have done wrong, remunerate victims, and generally “clean up their messes.”

But identifying and developing your best path towards a good criminal defense is a complicated business. Attorney Michael Kraut of the Kraut Law Group is a unique defense attorney, in that he spent the lion's share of his career as a prosecutor for the City of Los Angeles. Today, he represents criminal defendants, and not only has he gotten great results at jury trials, but he has also gained the respect of other lawyers, judges, and media (KTLA Los Angeles, New York Times, Fox News, etc.) for his compassionate, ethical, and skillful work.

To cut down on driving under the influence in Pasadena and elsewhere in the Los Angeles County area, police officers often set up checkpoints to stop people suspected of DUI in Pasadena, DUI in Glendale, DUI in Burbank, and DUI in Los Angeles. Often, the drivers come upon these checkpoints by surprise. But some technologically adroit drivers are starting to outsmart checkpoints by leveraging the power of new cell phone apps, such as PhantomAlert, Cobra iRadar, Trapster, and Fuzz Alert.

The USA Today ran a major story on this phenomenon last week -- “High tech apps help drivers evade police” -- basically talking about how cell phone apps can help drivers pinpoint red light camera, speed traps, DUI checkpoints, traffic jams, school zones, and dangerous road areas.

Some police officers and first responders see these new apps as nothing but a negative. For instance, USA Today quoted a Montgomery County, Maryland Police Department Captain, Paul Starks, who said: “If people are going to use those, what other purpose are they going to use them for except to drink and drive… They are only thinking of one consequence and that’s being arrested. They are not thinking of ending the lives of other motorists, pedestrians, other passengers in their cars or themselves.”

While Captain Starks’ concerns may be somewhat valid – after all, one of the apps is called “Fuzz Alert” – the situation may be more nuanced. Indeed, the USA Today article quotes a retired firefighter and a Virginia Beach police officer saying positive things about these new apps. These officers indicate that, by helping increase driver awareness of potential obstacles and hazards, these apps can actually encourage safer driving. Newport News, Virginia firefighter, Dennis Ricketts, recently purchased PhantomAlert himself. He says the device has made him more keen to conditions on the road: “A lot of times when people drive, they're not paying a lot of attention, especially if it’s the road you drive on repeatedly…with this, you're a lot more aware of everything that’s going on and on things that might be coming up.”

Obviously, this blog post is not about to settle the debate. But it’s interesting to see that even police officers have mixed reviews about the applications. As with any policy measure, it’s important to run scientifically-controlled studies and look at hard data before rendering judgment. Of course, that’s easier said than done. As this blog has addressed before, it’s incredibly difficult to separate cause-and-effect when looking at driving data – so many factors come into play.

Beyond this technical debate, let’s talk a little bit about Pasadena DUI process. The first thing that happens is either you get pulled over at a checkpoint or stopped for a traffic violation. Next, a Los Angeles DUI investigation might commence, during which you will be asked to blow into a breathalyzer device and take field sobriety tests. If the officer has a reason to believe you are DUI, you will be arrested, likely pursuant to either California Vehicle Code Sections 23152 (a) or 23152 (b). Your next step will be to get an attorney to represent yourself – although you can represent yourself without a lawyer. Then you will have to go through the DMV hearings. Then you will arraigned. Next, you will go through the pretrial hearing and motions. In one out of every 25 cases, you will end up at a jury trial. And then you will have to deal with the results after trial.

A Los Angeles criminal defense attorney, like Michael Kraut of the Kraut Law Group (based out of Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can provide compassionate, experienced, trial-ready service to help you get best results and to get you back on track with your life. Mr. Kraut really knows his business: Not only did he serve for 14 years as a Senior Deputy DA for Los Angeles (during which time he prosecuted many DUI cases), but he also has racked up a superb jury trial record and has won the respect of colleagues, clients, and even the national news media.

Continue reading "Pasadena DUI Technology Debate: Anti-DUI Cell Phone Apps Concern Police" »

It’s no secret that Lindsay Lohan’s 2007 Los Angeles DUI arrest has been one of the most publicized celebrity DUI situations in history – probably because the 24-year-old actress continues to encounter legal problems, some of which clearly appear to be self generated.

Last week, a Los Angeles judge extended Lohan’s deadline to accept or reject a plea deal pursuant to felony grand theft charges. On March 25th, Lohan will decide whether to accept the plea or go in front of a different judge in late April to face a preliminary hearing about whether enough evidence exists to take her to trial for her theft of a $2,500 necklace from the Venice jewelry store, Kamofie & Company.

Since her 2007 arrest, hundreds of people have been arrested for driving under the influence in Los Angeles, DUI in Pasadena, Burbank DUI, Glendale DUI, and DUI throughout the Southland. But Lohan’s case has probably garnered more media ink (both printed and virtual) than most or even all of these other DUI events combined.

Why is that?

One reason might be the escalating nature of Lohan’s legal troubles. In 2010, for instance, Lohan allegedly attacked a worker at the Betty Ford Rehab Clinic, tested positive for drugs and endured a second prison stint for violating her 2007 Los Angeles DUI probation, allegedly lost her passport, and got ordered to wear an alcohol monitoring bracelet and attend additional alcohol education classes. Lohan also lost out on a high profile job – she was slated to star in a biopic of Linda Lovelace (an ex porn star) but got cut and replaced by Watchmen co-star Malin Akerman – possibly because the director did not want to attract negative media attention to the film.

Also, in April last year, police questioned Lohan regarding a theft of a $35,000 Rolex watch.

Lohan’s repeated criminal behavior is known technically as “recidivism.” Studies suggest that people who break the law once will be far more likely to do so again, and the legal system builds in escalating punitive possibilities for repeat offenders.

For instance, consider how Beverly Hill DUI penalties go up as you get convicted for multiple crimes. During a first misdemeanor conviction, you will get 48 hours in custody with a maximum of six months behind bars. You may have a minimum of six weeks in alcohol school, a one-year license suspension, a $1,000 fine, tough probation terms, and court costs to pay. These are obviously not consequences to easily dismiss.

But what should happen if you get a second misdemeanor conviction within 10-years? Suddenly, your mandatory jail time hops up to 10 days behind bars, you can have a minimum of a year and a half of alcohol school, a two-year drivers license suspension (instead of a one-year), much stricter probation terms, and hiked up court costs and fees.

Third and fourth time Beverly Hills DUI offenders can suffer even more consequences – including the bumping up of what would ordinarily be a misdemeanor to a felony charge.

A Los Angeles criminal defense attorney, such as Michael Kraut of Beverly Hills Kraut Law Group (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can work with you and your family to ensure that you understand your rights and responsibilities under the law.

Mr. Kraut – who has spent a decade and a half of his life as a prosecutor for Los Angeles, during which time he worked assiduously to put defendants behind bars – leverages his former connections from his days as a prosecutor as well as his Harvard Law School education to deliver exceptional results for his clients. His results really do speak for themselves – a 99% success rate at jury trials, great reviews from past clients, admiration from prosecutors and judges, and invitations from major media, like The New York Times, and KTLA Los Angeles, to comment on DUI news of the day.

Continue reading "Beverly Hills DUI Spectacle – Lindsay Lohan's Court Saga Unfolds In Ever New Directions" »

A 70-year old cardiologist, Dr. Walter Janke, and his wife, Lalita Janke, have agreed to pay $22.6 million to resolve Medicare fraud allegations – a stunning move that has analysts who follow events in the world of Los Angeles Medicare fraud talking.

The Jankes had owned two large organizations – Medicare Advantage and America’s Health Choice Medical Plans – and allegedly overstated patient diagnoses to garner extra money from the federal government. Lawyers for the U.S. in District Court argued that Jankes’ acts violated the False Claims Act. The U.S. has frozen $20 million of the Jankes’ assets. The settlement will be paid out of those assets as well as out of their personal funds.

The Centers for Medicaid and Medicare Services (CMS) has been engaged in a long and heated battle with the Jankes, according to an article in South Florida Business Journal. The cardiologist’s attorney lamented the situation: ”there has been a long history of clear animosity directed at the Janke’s from CMS.” The attorney argued that the Medicare audit done to determine the settlement amount was unfair – essentially, by extrapolating based on a fraction of a percentage of patient cases, CMS might have erred by as much as 30%.

But without wading too deep into the technicalities of the case, let’s bring it back and speak more generally about Southern California insurance fraud, white color crimes, and Medicare fraud. If you do as the Jankes allegedly did -- bill for chiropractic, dental, or medical care that you didn’t provide -- you can be charged with a crime. Other types of healthcare fraud include:

• Making up false medical records
• Billing twice for work
• Prescribing medications or therapies that are clinically unnecessary
• Billing non-emergency services at an emergency rate
• Requesting meaningless or unnecessary tests
• Otherwise violating laws, such as Insurance Code Section 1871.4, Penal Code Section 118, or Penal Code Section 550

If you are convicted of defrauding Medicare or an insurance company or Medi-Cal, you can face jail time, serious court costs and fines, loss of your medical license, and forced restitution to victims, including insurance carriers and the state.

If you or a loved has been hit with a charge of Southern California white collar crime, look to Los Angeles criminal defense attorney Michael Kraut for solid, reliable advice. Attorney Kraut was a prosecutor for many years – and he also has a Harvard Law School education. He can discuss your matter in confidence today and provide high caliber strategic advice about how to protect your reputation, assets, and license to practice.

Last week, Southern California DUI bloggers took a look at two breaking minor celebrity arrests out of Florida. Although a vast majority of DUI in Pasadena, DUI in Burbank, DUI in Glendale, and DUI in Los Angeles cases involve “non-celebrities,” DUI bloggers nonetheless spend the lion’s share of their attention on the plights of the popular. Last week, that meant probing the arrests of a professional wrestler’s sidekick and a failed mayoral candidate.

The website TMZ.com reported on Thursday that Kevin Kiley -- a.k.a “Alex Riley” -- had been arrested in Tampa after driving under the influence. Riley is a star of the World Wrestling Circuit – he serves as a sidekick to another wrestler named The Miz. The 29-year old Riley was released after posting a $500 bond.

Meanwhile, in Fort Myers, Florida, a former mayoral candidate, the 27-year old Gena Persons, flipped her car over a parking barrier near the intersection of Shoemaker and Palm Beach, while driving nearly 65 miles per hour. Officers who responded to the rollover tested Persons for DUI and gave her a breathalyzer test. She blew a 0.191% and 0.187% – both significantly over both Florida and California’s legal limit of 0.08%.

Now, when most people read stories of celebrities (or non-celebrities) like Persons blowing breathalyzer results of 0.191% or so, they quickly “convict in their minds.” But this rush to judgment is often unfounded. Indeed, breathalyzer results are far less accurate than popular culture makes them to be. Many factors can throw off breathalyzer test results – way off. These include but are not limited to:

• Whether you are a diabetic (diabetics produce chemicals on their breath that can skew breathalyzer tests towards “false positives”)
• Whether you are a man or a woman – men and women process alcohol at very different rates
• How deeply you blow into the machine – the deeper you blow, the higher your BAC level will read
• Issues with the test itself – poor calibration, administration, and record keeping on the part of police can lead people to get arrested/convicted for DUI unfairly

So what should you do if you or someone close to you has been recently arrested for driving under the influence in Southern California? Can you fight the breathalyzer test results? Should you? What if the blood tests show that you were DUI?

To get these and other crucial questions answered, you should almost certainly retain an experienced Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut.

Continue reading "Los Angeles DUI Bloggers Intrigued by Two Minor Celebrity Arrests" »

A tragic Southern California DUI crash in Santa Barbara has resulted in the death of 73-year old Liesel Ryden as well as injuries to several other people. Local prosecutors are accusing a 54-year old local businesswoman, Priscilla Susman, of causing the complicated, multi-car accident on Highway 154 near Cold Spring Bridge.

If you’ve been recently arrested for DUI in Burbank, DUI in Pasadena, Los Angeles DUI, or Glendale DUI – whether you got involved in a big multi-car pileup or simply blew 0.08% or above on a breathalyzer test at a checkpoint – the story of the allegations against Susman may be quite instructive.

According to news reports, the restaurateur, who owns and runs the Paradise Store and Grill, lost control of her sport utility vehicle on September 15th at around 8:20 in the evening. She swung into oncoming traffic, precipitating a series of accidents involving vehicles travelling westbound. All told, four different vehicles got entangled. One woman (the aforementioned 73-year old Liesel Ryden) died. Three people, including Susman, suffered serious injuries. Prosecutors plan to arraign Susman on November 29th on an array of charges, including vehicular manslaughter while under the influence of alcohol, two DUI counts, and a special allegation of causing serious bodily injury to multiple people.

Let’s take a break here and review California’s vehicular manslaughter law -- a law that both Susman’s prosecutors and her defense attorneys will likely be scrutinizing in the upcoming weeks and months. California law makes numerous subtle distinctions in vehicular death cases that could have profound implications for any sentencing. For instance, if you caused someone’s death while driving with “gross negligence” while DUI, your penalties could be substantially elevated over what they would be for a standard vehicular manslaughter.

If you have been arrested and convicted of Los Angeles DUI in the past, prosecutors may even try to hit you with a charge of DUI murder – which is even more serious and could result in 15 years to life in jail.

To craft an effective defense against charges, you likely need a Southern California DUI attorney to review toxicology reports, police work, and other evidence from the scene of the accident and/or arrest. Without an aggressive counter response to prosecutorial charges, you could face major repercussions – such as longer than necessary jail sentences, high fines and court costs, and a variety of inconveniences, such as long-term loss of your driver’s license and mandatory installation of an interlock ignition device.

Continue reading "Southern California DUI Pileup Leads to One Death and Multiple Injuries" »

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" »