Los Angeles Criminal Defense Attorney Blog

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" »

No one ever expects the call.

When you find out that someone you love – a husband, wife, child, close friend – was pulled over for driving under the influence in Pasadena, your mind reels. What happened? Is he/she okay? Was anyone else hurt? What were the damage? Where are victims now? Questions like these flood your brain and overwhelm you.

In many ways, it takes just a simple announcement – a teensy bit of information – to radically change your perception of your long term relationship and of your life going forward.

Absent a dramatic metaphor, this discussion has been boilerplate. Of course, a Pasadena DUI charge will change your life and the life of everyone of your family. Of course, if you get convicted of violating California Vehicle Code Section 23152 (a) or 23152 (b) (or the injury DUI laws 23153(a) or 23153 (b)) life is going to be different and scary. You may face jail time, massive fines and other costs, insurance problems, driver’s license suspension, etc.

But those descriptions don’t really get at what it really feels like to be on the inside of a DUI defense situation.

Fortunately, we can turn to the Japanese for an appropriate metaphor.

Two weeks ago, a Tokyo-based infant formula company, Meiji company, issued a recall of 400,000 cans of formula because of fears that the baby food contained radioactive cesium. Officials are blaming the March 11 hurricane/tsunami that walloped Japan, which led to a multiple-core meltdown at a Japanese nuclear facility, which in turn may have indirectly contaminated the formula. Public health officials in Japan have been quick to reassure. But once the cat’s out of the bag, panic naturally sets in.

Likewise, once someone gets arrested for Pasadena DUI – irrespective of the circumstances – panic sets in.

What do you do? Who can you call? Why did it happen? How can it never happen again?

To make sense of all these questions, speak with an experienced, highly respected Pasadena DUI criminal defense attorney at the Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut understands DUI law from both sides. For 14-plus years, he served as a prosecutor, during which time he prosecuted many Los Angeles DUI cases. Now, in his capacity as a criminal defense attorney, the Harvard Law School-educated Mr. Kraut works tirelessly to educate his clients and help them build the stiffest and most strategic defenses possible.

Continue reading "Metaphor for Learning Your Loved One Stopped for Pasadena DUI: Radiation Reported in Japanese Baby Formula" »

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" »

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.

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%??" »

According to a October 28th report in Los Angeles Times, 17 people, including a pharmacist and physician, have been accused of Medicare and Medi-Cal fraud for participating in a sophisticated psychiatric drug recycling ring that bilked benefits programs out of millions of dollars and compelled the government to pay multiple times for the same stolen pills.

Apparently, so-called “runners” in the ring would obtain Medicare beneficiary cards illegally, either by buying them outright from Medicare and Medi-Cal recipients or by stealing them. Then they would use these cards to obtain prescriptions for expensive antipsychotic agents, like Zyprexa and Seroquel. According to q criminal complaint filed in U.S. District Court in Los Angeles last Thursday, the scam was sophisticated, intertwined, and quite organized.

After the runners filled the prescriptions and billed for them, they would then funnel the drugs back to the pharmacies that provided the drugs in the first place. Those pharmacies would then repackage, re-label and dispense the drugs, often to ring members using stolen Medicare cards.

17 defendants have been accused of bilking Medicaid and Medi-Cal of $7.3 million. (Medicare officials suggest that the loss to the program may significantly exceed the $7.3 million figure.) A Deputy Administrator for the Medicare program, Peter Budnetti, told the Los Angeles Times; "this is organized. The allegations… speak to much broader kind of activities that sweeps a lot of people into it.”

Regular readers of this Los Angeles white collar crime blog might recognize that this story in many ways “rhymes” with other stories that we’ve covered about Los Angeles Medicare fraud, Los Angeles identity theft, and Southern California credit card fraud.

Why are the same kinds of cases iterating themselves? What's driving the trend?

Perhaps the structure of the Medicare program itself is to blame. Some policy analysts blame the complicated and loophole filed Medicare Part D prescription drug benefit portion of the Medicare program for creating “low hanging fruit” for fraudsters and scam artists.

In any event, if you or someone you care about has been arrested on similar Medicare or Medi-Cal fraud charges, the team at the Kraut Law Group can help. Michael Kraut is an experienced former prosecutor who has a Harvard Law School education and close connections with local prosecutors. He has the wherewithal, resources, and sophisticated understanding of the prosecutorial system to get you positive results.

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.

Were you or a close family member or friend recently arrested and charged with Los Angeles healthcare fraud? If so, you are not alone.

According to recently released government statistics – thanks to the Obama administration’s efforts, federal healthcare fraud prosecutions spiked more than 85% in 2011 over 2010. The Transactional Records Access Clearinghouse (TRAC) statistics show that the federal government has prosecuted over 900 people so far this year for healthcare fraud. In all of fiscal year 2010, only 731 people were prosecuted across the U.S. The TRAC data suggest that prosecutions have spiked more than 70% from just half a decade ago.

A spokesman for the Justice Department, Alisa Finelli, confirmed the TRAC data analysis: “the trend certainly looks accurate and on track with our data.” Over the past 12 months, the Justice Department has brought out the heavy ammunition to nail executives, nurses, doctors, and other caregivers (e.g. chiropractors, dentists, etc.) for defrauding programs like Medicare and Medicaid. Here are some fraud arrest highlights from 2011:

• 111 people arrested after a Medicare fraud tax force found that they had fraudulently billed Medicare for over $225 million;
• The government paid $300 million to whistleblowers in 2010;
• In January, the FBI went after 533 people in Puerto Rico who worked with doctors to send bogus injury claims to an American family life insurance company – ultimately soaking the company for $7 million. (Courtesy USA Today article "Healthcare fraud prosecutions on pace to rise 85%," sourced August, 29, 2011).
• August 2010 bust of 73 members and coconspirators with the Armenian mafia, who allegedly bilked federal government programs out of over $163 million.

Southern California white-color crimes – be they Los Angeles insurance fraud, Burbank identity theft, Beverly Hills credit card fraud, you name it – carry extremely substantial penalties. Not only could you face many years in prison, forced remuneration, and punitive damages, but you could also face the destruction of your professional reputation, the suspension of your medical license, and long-term indirect catastrophes for your personal life and finances.

Attorney Michael Kraut of the Kraut Law Group provides aggressive, compassionate, and systematic defenses for Southern California white-collar criminal defendants. Attorney Kraut is a former prosecutor who has tremendous experience and success defending people who have been charged with complex and serious white-collar crime charges.

Attorney Kraut actually served as a prosecutor for nearly 15 years, during which time he accumulated a deep understanding of how prosecutors work – and he can use this knowledge and his contacts to help you devise a sensible defense strategy.

Ask anyone in law enforcement how to end the problem of Long Beach DUI, and they will tell you that we need better enforcement, more measurement of the problem, better education and tools for law enforcement, drivers, road engineers and policymakers. These are good points. And if we did indeed measure DUIs better with richer metrics, chances are we could see a decline in Pasadena DUI, Glendale DUI, Burbank DUI and Los Angeles DUI arrests. That being said, statistics may not be as useful as many bright-eyed and bushy-tailed pundits believe they are. As the old saw goes, “there are lies, damned lies and statistics.”

Case in point: consider a small story published in a Kansas newspaper, the Wichita Eagle, last week: “Wichita police see spike in DUI arrests.” Over a relatively non-special weekend, police saw a jump in DUI arrests of more than 50% – 31 arrests, up from the usual 21 DUI arrests for the weekend. Traffic accidents also increased from 70 to 98. This is a statistically significant shift, by any measure, and law enforcement officials and local prognosticators jumped on the story to immediately develop explanations for the surge. Wichita Eagle posited “there are lot of outdoor activities at this time of year… and that increases the opportunities for drunk driving to occur.” That said, the magazine concluded with this statement: “DUI arrests were made all over Wichita…and couldn’t be linked to any specific event.”

What if the surge was just a random fluctuation? Sounds impossible?

It turns out that statistics don’t work quite the way that most people believe that they do. In any given city, on any given weekend, one might expect a surprising surge – 50% or even more – as part of the random background statistical noise. In other words, the spike need not tie into any specific event because it really was random. It only appeared to have meaning because the statistics were considered just in the context of Wichita instead of in the context of the whole nation.

Think about it this way: say you were to flip a coin six times in a row. What are the odds that you flip heads each time? Here is the quick answer: 1 in 64 (1/2*1/2*1/2*1/2*1/2*1/2). If you pull out a coin and ever do this experiment, chances are pretty good (63 out of 64) that you will not get heads every time. But 1 out of every 64 readers of this blog post will! And to that person, this post may seem like magic. In fact, it’s not. Random events can look like something more than random when viewed out of context. Thus, the spike in Wichita DUIs might not have been anything at all. It might have been something… but there is not really a clean and clear way to tell.

The same thinking should apply to study of Long Beach DUI statistics.

On a more practical note, if you are in need of the services of an experienced Los Angeles criminal defense attorney, Long Beach’s Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) may be able to steer you in a good direction. Attorney Michael Kraut is an experienced prosecutor who is respected by legal peers and by major news media as a maven of Los Angeles DUI law. He can help you understand your rights, develop a strategy, and ensure that you make smart decisions going forward to protect your rights as a defendant.

Continue reading "Long Beach DUI Statistics: What Can They Really Tell Us?" »

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.

Let’s face it: celebrities, movie stars, and Beverly Hills business people want to stay as thin as possible. But if you're on a low carb diet and you're pulled over under suspicion of Beverly Hills DUI, be forewarned that the ketone bodies that you produce while on this diet can potentially have an adverse effect on your breathalyzer readings.

In fact, this effect of low carb or very low calorie diets (e.g. fasting) can easily accidentally land you a Burbank DUI, Pasadena DUI, Glendale DUI, or Los Angeles DUI – even if you're significantly under the legal limit… or haven’t been drinking at all!

Before we get deep into the biochemistry, let’s dial back and learn a little bit more about the breathalyzer. A Beverly Hills DUI breathalyzer test is essentially a chemical analysis that looks for certain compounds on your breath to determine whether you’ve imbibed ethanol alcohol in a high concentration. If your blood alcohol concentration (BAC) is greater than 0.08%, you will be tagged for Beverly Hills DUI pursuant to California Vehicle Code Section 23152(b). End of story.

Or is it?

A variety of factors can screw up a breathalyzer’s reading. If you're diabetic, for instance, and you suffer from ketoacidosis – a potentially life threatening condition – you will produce chemicals that can skew the BAC reading to be higher than it should.

When you're on a low carb diet, your body will also manufacture these compounds, called ketones, but at very safe levels. (One of the big myths about low carb diets involves confusing the very dangerous ketoacidosis with normal ketosis).

Essentially, when you spare carbohydrates in the diet, your liver burns fat to help transform protein via a process known as gluconeogenesis into the glucose you need to run things like your brain. The half burnt fat releases ketone compounds to help provide fuel for the body and organs. According to Dr. Michael Eades, author of the best seller Protein Power, “the heart, for example, operates about 28% more efficiently on ketones than it does on glucose.”

In any event, the ketones not used immediately for fuel remain in the blood; they will be present in your breath and can skew your breathalyzer reading. How much will they skew your reading? The answer depends on a huge variety of factors, including how deeply into ketosis you are, your age, your gender, your weight, whether you’ve consumed alcohol simultaneously, whether you are on any medications, and literally dozens of other factors.

To build an effective defense, therefore, it’s common sense and good practice to talk to an experienced Los Angeles criminal defense attorney. Mr. Michael Kraut, (offices in Beverly Hills at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can discuss your arrest and possible defense strategies today. Mr. Kraut spent nearly 15 years serving the city as a prosecutor – he actually put many DUI offenders behind bars.

Continue reading "Beverly Hills DUI Unfairness: Can a Low Carb Diet Ruin your Breathalyzer Readings?" »

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" »

Prosecutors and top rated defense attorneys faced off in court today over the allegations of sex, lies and screenplays in the David Letterman extortion case. Extortion is a serious crime. A person convicted of this offense will most likely be sent to state prison for many many years. Extortion is defined as the use of either threat of violence or some other criminal means to cause any harm, including financial, to another person or their reputation, to obtain property from someone else with their consent.

In this case, Halderman is accused of threatening to divulge personal information about Letterman that could cause harm to the entertainer's reputation.

The case revolves around Halderman, a well known TV producer,whose wife had a long running affair with Mr. Letterman. Halderman is the accused extortionist who wrote a screenplay about Letterman's sex life with female staffers. The case stems from Halderman, who was angry over his wife's affair could not find any way to make his wife stop the relationship with the late night comic. Records indicate that he continually confronted his wife about ceasing the affair. She apparently apologized and committed to her relationship with Halderman. Things seemed to be mending between the couple until he found that she had not stopped the affair.

Halderman decided to take his revenge out on the keyboard. Penning a script about Letterman's hostile work environment. Then on September 9, 2009, Halderman delivered a portion of the script, which contained changed names, to Letterman's driver, with documents which corroborated Halderman's facts in the script. He then gave Letterman an opportunity to buy the script rather then see it made into a movie. Halderman met two times with Letterman's lawyers and in taped conversations in which he was recorded demanding money. Afterward, a check for $2 million was given to Halderman.

Halderman's criminal defense attorney indicated that their client was merely selling a screenplay and by filing the charges, the prosecutors were infringing on his First Amendment right of free speech.

Continue reading "David Letterman Is Informed That The White Collar Fraud Was Not What Halderman Intended When He Demanded Money To Keep His Mouth Hush" »

California laws appear to be getting more harsh for those charged with Southern California DUIs. Legislators in recent months have begun to amass together to bring sweeping changes to the existing DUI laws. As of today, the laws are fairly straight forward. Los Angeles DUI defense Attorneys who are former prosecutors, and have trained law enforcement officers, are well versed in the penalties in DUI cases. The DUI defense attorney who who almost exclusively handle DUI cases are often in the best position to ensure that these penalties do not fall on their clients' shoulders. Those charged and convicted with a first time Los Angeles DUI can expect the following to occur:

1. Driver's License suspended for 4 months.
2. Must enroll in a 3 month DUI alcohol awareness program.
3. Pay huge court fines.
4. Receive a criminal record.
5. Be placed on probation for a period of at least two years.
6. Have a public record of conviction.
7. Mandatory jail sentence.
8. Sky rocketing insurance rates.

Because these penalties are so sever, it is always recommended that if a person is stopped and arrested for a Los Angeles DUI, that they immediately hire a pre-filing DUI defense attorney. Often times the criminal defense attorney is able to raise legal questions so that charges are either reduced or in some cases fully dismissed.

Those charged with a second time DUI have significantly higher penalties. A second time DUI is determined by a person having been convicted of a DUI sometime within the last 10 years before the most recent DUI. The penalties include the following:

1. Mandatory jail sentence of between 4 and 10 days and a maximum of 6 months in county jail.
2. Dui alcohol school that lasts 18 months at a minimum or a maximum of 30 months.
3. Driver's license suspended for 2 years.
4. Court can mandate formal probation.
5. Court may order a DUI interlock device. This device will need to be blown into before your car can start. While this may not seem that inappropriate, if your job requires you to drive at all, you may likely be fired.
6. Huge fines from the court.
7. Loss of car insurance or significantly increased fines.

While these penalties are sever, Sacramento legislators are considering apply the Three Strikes Law to driving under the influence cases, making the penalties even harsher. The law makers are publicly upset about cases in which people have been convicted of eight or nine separate DUIs are still able to get back behind the wheel after their sentence is complete.

The most recent statistics from the California Department of Motor Vehicles indicate that almost 1,500 people were killed in DUI related deaths in 2007. In addition to those killed, well over 30,000 people were injured in DUI accidents during the same time period.

Statistics from 2006 point to an alarming increase in the rise of Los Angeles DUIs, as well as driving under the influence cases throughout Southern California and the rest of the State. The State reports in excess of 5,000 drivers had amassed four DUI conviction within the last 10 years.

Based upon these statistics, law makes are talking about instituting a Three Strikes type law which would permanently take these repeat offenders off the roadways. Tougher DUI laws are already being enacted. Beginning next year, first time DUI offenders In Los Angeles who are convicted of either Driving under the Influence of Alcohol or drugs in violation of CVC 23152(a) or of having a blood alcohol level in excess of of .08% in violation of CVC 23152(b), will have to have a ignition interlock device installed on any vehicle they drive.

Continue reading "California Legislators Begin to Call for DUI Convictions To Fall Under Three Strikes Laws" »

During the last several months, the Los Angeles County District Attorney's Office as well as State and local law enforcement have been working diligently to amass a group of Los Angeles fraud cases, medicare fraud cases, and Los Angeles white collar criminal cases against local lawyers and chiropractors. In the last week, two dozen professionals were arrested for white collar fraud cases throughout Southern California and Los Angeles. The lawyers and chiropractors arrested were alleged to have participated in a large scale auto insurance fraud ring that Nearly two dozen men and women, including lawyers and chiropractors, were arrested Tuesday, accused in a large scale auto insurance fraud ring that netted hundreds of thousands of dollars.

There were at least four lawyers and four chiropractors that were arrested during the raid. The auto insurance fraud division of the DA's Office is prosecuting the case. Top rated white collar criminal defense attorneys are being hired to handle these fraud cases.

The lawyers and chiropractors are accused of ripping off over a dozen insurance companies by filing false medical claims and lawsuits. The case has grown to involve more then 28 defendants and may involve a conspiracy that involves in excess of 300 suspects.

The Los Angeles white collar fraud charges stem from a series of Los Angeles grand theft charges, including grad theft of personal property. The attorneys are charged with insurance fraud in Los Angeles County. One attorney also faces money laundering charges.

The charges of grand theft are in violation of Section 487 of the Penal Code. The prosecutors also added the the white collar enhancement under 186.22 of the Penal Code. This section allows for enhanced punishment if the suspect is convicted, including mandatory prison time.

Continue reading "White Collar Crimes in Los Angeles Nab Lawyers and Chiropractors in Fraud Case" »

Rising blood alcohol is a very viable defense in Southern California DUI cases. Before a person is arrested for a Los Angeles DUI, they are usually given what is commonly known as field sobriety tests. After the tests are completed, the officer often will ask the DUI driver to take what is known as a preliminary alcohol screening (PAS) test. This is a little handle held device used to measure the blood alcohol content of the driver.

In the old days, this test was not admissible in a court of law. Changes in the evidence code and the accuracy of the device has now allowed DUI prosecutors to use the PAS test in their case before a jury. After a person is arrested for a DUI they are usually taken to the police station or the a hospital for a chemical test. The test can be either a DUI blood test, or a DUI breath test. These tests also measure the amount of alcohol in the driver's blood.

Some people get very scared when they see the results of a the blood test. in many cases the PAS test result is lower then the blood or breath test taken at the police station. Once the test results are known to be 0.08% or greater,then the person is going to be charged with driving under the influence of alcohol in violation of CVC 23152(a). In most cases the person will also be charged with CVC 23152(b), having a blood alcohol level in excess of 0.08%.

The issue that now arises is what was the person's blood alcohol level at the time they were driving. He know that the results of the PAS test are lower then the secondary tests. Therefore, the blood alcohol level is rising and the results may not be the BAC level at the time they were driving. This theory is based upon the scientifically proven rising blood alcohol DUI defense. Top notch Los Angeles DUI defense attorneys know how to use this evidence to the benefit of their clients.

Most experts say that a shoot of alcohol or a beer take approximately 50 minutes to be fully absorbed into the blood stream. So the trick for the prosecution is to try to get expert evidence to determine what the BAC level was at the time of driving, not when the test are taken at the police station.

The argument then becomes, if a person has a BAC just over 0.08%, then they may not have violated the law when they were actually driving.

Continue reading "Rising Blood Alcohol Defense in Los Angeles DUI Cases" »

Police investigators in the Michael Jackson case are almost ready to present their case to the Los Angeles County District Attorney's Office for a formal felony criminal filing. Sources within law enforcement are focusing their sights on Dr. Conrad Murray. As of the date of this blog post, Dr. Murray is reportedly the only target of the investigation.

Dr. Conrad Murray has been implicated in the death of the pop star by infusing Michael Jackson with Propofol, a very potent anesthetic drug, to help him sleep.

This blogger's sources indicate that the the Los Angeles Police Department had been consulting with the Deputy District Attorney's from the Target Crimes Division since shortly after the pop star's death. Only recently did the case get transferred to the Major Crimes Division for felony filing consideration. This is the group that prosecuted OJ Simpson and other famous people.

The LADA is not the only government agency investigating the death of Michael Jackson. California State Attorney General Jerry Brown has announced that he will be reviewing the prescriptions written to the pop star to see if there were any violations of law. It is illegal to write a prescription for a person in a name other then the patient's true name. Many of the pill bottles seized from the Jackson compound on June 25, 2009, the date that Jackson died, had fake names.

Continue reading "Dr. Conrad Murray Will Likely Be Charged in the Michael Jackson Case Which is to be Presented to the Los Angeles District Attorney's Office" »

Celebrity singer and husband to Whitney Houston is wanted for a warrant issued by a judge. Some people think that he is hiding in Los Angeles, California. A Massachusetts judge issued a warrant for the arrest of Bobby Brown after he failed to pay child support. Brown was previously ordered to pay $45,000 in child support to the two teenager children he has from a previous relationship with his former girlfriend, Kim Ward.

The law surrounding warrants in Massachusetts is almost identical to a Los Angeles bench warrant. There are two different ways in which a bench warrant can be issued for the arrest of a person. The first is if a person is wanted for a crime. The judge will issue an arrest warrant. Once that is issued then law enforcement will arrest you and take you into custody. The second way a warrant can be issued is if you were supposed to be in court, or were ordered to do something by a judge and you failed to perform satisfactorily.

A warrant should be cleared as soon as you become aware of one being issued. Otherwise, you might not be able to get the best result on a case. In Los Angeles, a warrant while on probation could harm your chances to have your case expunged after you have completed a grant of probation.

A Los Angeles bench warrant attorney is be able to assist you in getting the warrant recalled and quashed as well as able to help you get a Los Angeles expungement.

Continue reading "Warrant Issued For the Arrest of Bobby Brown...Is He in Los Angeles?" »

The Los Angeles County Coroner released the autopsy results in the Michael Jackson case. They ruled that the pop star's death was a result of a "homicide". From the very beginning, leading Los Angeles criminal defense attorneys were indicating that the death must first be determined to be a homicide before any criminal case could proceed.

As stated in the autopsy report, the death was the result of "lethal levels" of the powerful anesthetic Propofol. This information was released in a search warrant affidavit that was unsealed today in Houston, Texas. For weeks, there had been speculation that the Coroner already had the results but was asked to delay the release until the criminal investigation could unfold.

From the beginning, Dr.Conrad Murray has been the focus of the violent crimes investigation. As recently as last week he placed a video of himself on Youtube with an explanation of some of his actions.

Dr. Murray had been Jackson's personal physician for most of the last year. It has been leaked from the investigation that Murry told Los Angeles Police Department detectives the had been treating Jackson for insomnia for approximately 6 weeks before his death. He admitted that he had given Jackson 50 Milligrams of Propofol, also known as Diprovan, by intravenous drip.

Police reports indicate that Dr. Murray had administered several drugs, other then propofol, throughout the night. These drugs, according to Dr. Murray, did not have their intended result and finally at 10:40 AM he administered 25 milligrams of Propofol to Jackson. Dr. Murray claims that he monitored Jackson while he was on the drug and left his bedside for 2 minutes to go to the bathroom.

Police reports indicate a far different set of facts. According to police documents, Dr, Murray left Michael Jackson alone for significant periods of time while he called his office in Houston. It was during this time that Jackson stopped breathing and Dr. Murray began CPR to attempt to resuscitate Jackson. Jackson was rushed to the hospital where he was later pronounced dead. Within Dr. Murray's medical bag officials found Propfol, as well as other drugs.

In order for the Los Angeles County District Attorney's Office to file involuntary manslaughter charges, they will need to show that the standard of care by Dr. Murray fell well below the acceptable and appropriate actions for a reasonable person in his situation. One of the factors that the prosecution may be considering is the warning label of the drug. Manufacturers of Propofol indicate that the drug should be used only by licensed anesthetists and in a hospital setting so as to be able to intubate the patient if necessary. Here that was not done.

It is expected that charges will be perused in this case against Dr. Murray as well as some of the other treating physicians.

Continue reading "Los Angeles Death of Michael Jackson Ruled a Homicide" »