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.

Those who drive under the influence in Long Beach and cause injury accidents are often ignorant of the law or of the consequences of their actions.

Or, at least, the conventional wisdom would have you believe that.

As we have covered countless times on this Long Beach DUI blog, all sorts of people are stopped, arrested, and ultimately convicted for DUI – some of whom even make and enforce the DUI laws. When lawmakers, police officers, prosecutors, and others who work in the Long Beach DUI system are tagged for such crimes, a big hubbub in the media and blogosphere inevitably sparks. Makes sense, right? After all, police officers, Congressmen, Los Angeles DUI attorneys, etc understand the dangers better than practically anybody out there.

That’s why a recent fiasco out of Etowah County, Alabama, has attracted so much head-scratching among Los Angeles DUI lawyers.

According to WHNT News 19, the police chief of Tuscumbia, AL, Tony Logan, was convicted by jury last week of misdemeanor DUI. Logan was sentenced to 30 days, and his driver’s license might be suspended. But his punishment is less interesting than the fact that he was not just a police officer, but the chief of police for a whole town.

Brandon Hughes, a local prosecutor, summed up the jury’s message: “Drinking and driving on Alabama’s roadways is not going to be tolerated. I just hope it sends a message to folks around the state…to be more careful…there are repercussions [for driving DUI].”

Is there any moral to this story? Can we learn anything from Tony Logan’s experience?

Indeed, we can.

Logan’s arrest and subsequent conviction demonstrates how easy it is easy for anyone -- even a super-educated Los Angeles DUI lawyer who understands the dangers of driving under the influence on a very personal level and who works with DUI cases on a day-to-day basis -- can make errors of judgment that lead to arrests, accidents, and worse.

Of course, this is not to excuse bad behavior or DUI – it is merely to place it in context. If you were arrested for driving under the influence in Long Beach or for engaging in other misbehavior behind the wheel, you are not alone. The transgression doesn’t make you a bad person, or even a bad driver. (It does, however, mean that you might need a Los Angeles DUI attorney.)

Going forward, keep the following in mind:

1. Learn from your mistakes, if you made any, to avoid getting into similar trouble.

To do this, you need to reflect on what happened: what caused you to misbehave or ignore the Long Beach DUI laws?

2. Deal with the reality of your arrest and charges.

A Long Beach DUI criminal defense attorney at the Kraut Law Group (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) will help you plan the next steps. Attorney Kraut is one of the most respected local DUI attorneys – he has a great reputation among his legal peers, a nearly immaculate record at jury trials, and he draws on his Harvard Law School education and background as a former Deputy District Attorney (14+ years) to deliver superlative service for his clients.

Continue reading "Police Chief Convicted of DUI – Long Beach DUI Attorney Reacts" »

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 this blog, we talk a lot about why doctors, chiropractors, dentists, and others commit Los Angeles Medicare fraud. What drives them, psychologically, socially, and societally?

We also talk about what these defendants should do, how to grapple with the situation, etc. But let's take time to change perspective and consider the role of family members. If you are the spouse or child of someone charged with any Southern California white crime, such as credit card fraud, insurance fraud, identity theft, etc., you may feel mixed emotions about what's going on.

• On the one hand, perhaps you are shocked by the news of the arrest or investigation – you had no idea.
• Perhaps you knew that something “fishy” was going on, so you are not surprised, but you’re deeply disappointed and scared.
• Perhaps you played a small, non-negligible role in the fraud, and you are scared about what might happen to you.
• In any case, you are worried about the ultimate consequences, not only for your loved ones, but also for your life, future, financers, and reputation.

So what's the solution in this drama? How do you go about reconstructing your life, getting at the truth, and dealing with a cascade of revelations?

According to productivity guru David Allen, it’s never a bad idea to begin recalibrating by assessing “what's true now” in your world. Rather than spend time ruminating about what life was like before the Los Angeles Medicare fraud charges, spend some time identifying what's true in your world. What are all the things that are pulling on your attention? Once you have those categorized, you can then process, organize, and review them per Allen’s methodology.

Getting clarity about what's true is an essential first step. The next step is to gain clarity on where you would like to go. What you would like to be true, given your currently reality?

It’s best to find resources and mentors to help you through this process. An experienced Southern California Medicare fraud attorney, like Michael Kraut of the Kraut Law Group, can help you make sense of the chaos in your life and steer you in a positive direction.

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" »

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.

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.

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.

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.

What are the consequences of driving under the influence in Glendale?

The short answer is: they depend on the intimate, specific details of your case. In general, however, they can be surprisingly profound and long-term, even if you successfully “beat the charges.”

Witness the recent high profile DUI arrest of Tennessee republican representative Curry Todd, who was stopped in Nashville on October 11th and charged with DUI, after he failed a roadside sobriety test. What made Rep Todd’s case so newsworthy? Two things:

1. He had a loaded 38-caliber gun in his car.

2. As a state lawmaker, he sponsored legislation designed to loosen laws that prevent people from bringing handguns into bars. So the “hypocracy factor” clearly played a role in the media blitz surrounding his arrest.

So what are the long-term consequences for Representative Todd?

Hard to say at this point. Last week, he surrendered his chairmanship of the Tennessee House State and Local Government Committee, which dealt with most of Tennessee’s alcohol bills and a huge variety of other proposals. Representative Todd stopped short of resigning his legislative seat. And he did not address his arrest, while attending a meeting of the Physical Review Committee, nor did he talk to reporters about the arrest after the session.

Representative Todd’s ordeal is not over. But his experience already can teach us some crucial lessons about the consequences of driving under the influence in Glendale and elsewhere.

On the one hand, the law spells out some scary and real punishments for convicted DUI drivers. These include: jail time, driver’s license suspension, mandatory alcohol education classes, strict probation terms, mandatory installation of a device called an IID (Interlock Ignition Device), which prevents you from driving if you’ve consumed any alcohol recently, and other sundry penalties such as court costs and fines. These penalties should be more than enough to scare drivers into avoiding driving under the influence in Glendale. But more insidious costs may lurk under these primary punishments.

For instance, your insurance rates may spike in the wake of your DUI arrest/conviction. If your premiums go up several hundred dollars and stay elevated for several years, you are talking about several thousand dollars of fallout from the DUI. And then, you must consider the smaller term “stuff” that can complicate your life, frustrate your career and erode your support even from friends and loved ones.

The best way to respond is to build a smart and strategically focused defense ASAP. Glendale’s Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123) can help. Managing Attorney Michael Kraut is a former prosecutor (Senior Deputy DA) with a Harvard Law School education and a compassionate, strategic perspective on Glendale DUI defense law.

Continue reading "Glendale DUI Consequences – The Fall Out Can Haunt You: Just Ask TN State Rep Curry Todd." »

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.

If you have been charged with a Southern California white collar crime, like insurance fraud, medical fraud, bribery, etc, you may ultimately have to face a jury trial, depending on an array of factors, including what you allegedly did, how much harm ensued, who was involved, the scope of the scheme, etc.

Jury selections can be a tricky business, however, particularly in high profile cases.

To wit, consider the brouhaha surrounding jury selection for the trial of Michael Jackson’s doctor, Conrad Murray. The Thursday before last, Judge Michael Pastor gathered 160 prospective jurors to see whether attorneys could find candidate jurors to hear Murray’s involuntary manslaughter trial. All 160 prospective jurors had heard about the trial.

Pretty interesting! Although not particularly surprising.

Judge Pastor cautioned the jurors to avoid searching the internet or posting messages outside about the case, as they could face fines as well as jail time for acting in contempt of court. A Los Angeles Times blog post reported that Pastor did not order the jury sequestered. That said, the jury will be “bussed to the court from a secret location each morning, and escorted away every night. Jurors will not be allowed to leave the court house during the day, and will be served lunch at the court.”

Last week, even before the trial began, the ever astute and timely reporters at TMZ.com published information about jurors obtained from questionnaires. Many of the jurors were self-declared Michael Jackson fans, including juror #127, juror #70, juror #44, juror #52, juror #99, juror #38, and juror #108. It’s obviously impossible to tell whether their appreciation for the late pop star’s artistic contributions will disrupt their ability to think clearly and single-mindedly about the allegations against Murray.

The public typically only tunes into the subtleties and nuances (and occasional injustices) of jury trials during big celebrity "trial extravaganzas" like the Murray affair. But if you or someone you care about is facing a criminal charge, such as Southern California medical or chiropractic fraud, Medicaid or Medi-Cal fraud, or some other significant charge, you and your Los Angeles criminal defense attorney will need to strategize very carefully about how to approach every aspect of your legal challenge, including how you select and interact with the jury.

Michael E. Kraut, the Managing Attorney of the Kraut Law Group, has tried over 80 felony trials in his career with an unbelievable 99% success rate at jury trials. He is the recipient of numerous courtroom awards. He lectures to prosecutors and police on criminal investigative techniques, and he enjoys a terrific reputation among prosecutors, judges, and fellow defense attorneys alike as one of the most respected trial attorneys in the city.

The Obama administration and California state officials are passionately bent on stamping out Southern California Medicare/Medical fraud, and their quest makes a good deal of sense.

Our national and state coffers are challenged by a sluggish economy that shows no signs of long-term stabilization, and the California state budget debacles have made the Golden State something of a laughing stock.

Stories in the news about doctors, dentists, chiropractors, and other health care providers perpetrating schemes to defraud public programs out of much-needed funds have awakened righteous ire, not only in public officials but also in the public at large. The search for justice is understandable, at least from a psychological perspective, but the passion can be dangerous.

As our public officials attempt to destroy Southern California Medicare fraud and punish perpetrators, they might arrest innocent people, hold certain people responsible who really shouldn’t be, and do a lot of posturing without making any real progress on the root causes of our fiscal or Medicare program problems.

Pundits, analysts, and news commentators might do well to step back and spend less time thinking about the right solution to Southern California healthcare fraud, insurance fraud, credit card fraud, and identity theft fraud and instead attend to the bigger picture:

What drives people to commit these crimes? Why now? Why here? Why under XYZ circumstances?

Crimes are never motivated arbitrarily. There are always root drivers. And until we can figure those out – perform a collective brainstorming session – our solutions for Medicare fraud are going to fall short of the mark, sweep up innocents into the dragnet, and lead to outrageous and ultimately ineffectual punishments that might make prosecutors feel good but ultimately won’t relieve the burden on the public.

Having said all that, it’s a huge challenge to identify these root drivers.

For instance, officials are going after more people for Medicare fraud than they have in the past. More crimes are being committed. But why? Maybe the spike is just an artifact of how the problem is framed. More money is going into the medical system than ever -- perhaps this “bigger pot” is simply attracting more attention from criminals.

In other words, the root cause may not be that criminals have somehow gotten smarter or developed better schemes. Rather, maybe there is just more potential money to steal, so people who might have attempted different criminal schemes are becoming more attracted to Medicare schemes because of the bigger payoff.

This is obviously speculation. But it goes to show how complicated the underlying issues and causes are.

All theorizing aside, if you are a defendant or someone close to a defendant, you need actionable, practical advice about how to protect your rights and build the best defense. Los Angeles white collar criminal defense attorney Michael Kraut can answer your questions and help you feel more in control of your life and case.

Crimes like Los Angeles Medicare, Medical, and Medicaid fraud are serious and scary for defendants. But the details often make for dry, complicated reading.

Readers interested in pulpy, tabloid-like Southern California medical crimes might be more galvanized by an amazing revelation in the trial of Michael Jackson’s erstwhile doctor, Conrad Murray.

According to a report from the UK paper, The Mirror, the transcript of a witness statement “revealed that the doctor [Conrad Murray] stood in front of a lifeless Jacko in the singer's bedroom and claimed: "He doesn’t have a problem. He is fine. He was practicing all night. I am just treating him for dehydration.""

Wow.

The paramedic (Senneff) was the first person on the scene after Jackson’s overdose who was not affiliated in some way with the King of Pop. He “believed the doctor lied to him about what drugs he had given Jacko.” During Murray’s Supreme Court trial here in Los Angeles, the paramedic's words will be parsed very carefully. Prosecutors hope that Senneff’s testimony “will show [that Murray] tried to cover his tracks after giving Jacko the anesthetic propofol.”

Murray allegedly denied to Senneff that Jackson had been taking any medication. In his panic, however, the doc admitted seconds later that he had given Jackson lorazepam for his sleeping troubles.

Two other disturbing snippets from Senneff's testimony:

1) Allegedly, Murray attempted to “clear bottles” from Jackson’s room. What might have been in those bottles? Crazy amounts of medication that the star should never have had access to?

2) Senneff found Murray doing CPR on Jackson on his bed, even after the 911 operators told the doctor to move the King of Pop to the floor for CPR.

Murray’s trial promises to be one of the most watched and commented on of the summer/fall. Michael Jackson’s larger-than-life celebrity profile – and the craziness of the allegations against Murray – will inspire unending chatter in the mainstream media and the blogosphere.

Beyond all the hype, however, the Jackson tragedy and Murray’s charges highlight the fact that there are a lot of people out there who need some kind of help (psychological, medical, legal, etc.) who either don’t have access to help or don’t know how to ask for it.

If you or someone you care about has been charged with a crime in Los Angeles, like Los Angeles insurance fraud, theft crimes in Burbank, or another white collar crime in Southern California, former Senior Deputy District Attorney Michael Kraut can help. Attorney Kraut is an experienced criminal defense lawyer with a great track record at jury trials, a Harvard Law School education, and a deep working understanding of how to build and execute great defenses.

Every week, dozens of stories about driving under the influence in Glendale (and the rest of the southland) get published and discussed in the blogosphere. And SoCal is sure home to some strange DUI stories. But last week, the most spectacular DUI story in the country came from Boise, Idaho, of all places, where police arrested 47-year-old Michelle Caves twice for driving under the influence… within a five-hour span!

Amazing stuff.

Here’s how it all went down, according to the local Boise new station, KBOI 2. Caves had dropped in at a retail store on Apple Street: “Employees told police that [she] smelled of alcohol, and stumbled and dropped items while walking around the store. They say they couldn’t stop Caves from getting in her car and driving away, or… get the license plate number of her car.”

The police then tracked down Caves, pulled her over, and gave her field sobriety tests (which she failed) as well as breathalyzer tests that pegged her at significantly more than four times over the legal limit for Boise (and Glendale) DUI of 0.08%. The police arrested her, booked her into a local jail, and secured her car.

Pretty normal stuff. But then…

Later that evening, “police got a call from a citizen reporting that a drunk driver had returned to her car and was going to drive home. Officers determined it was the same woman they had arrested earlier, and located the car around the corner from where it originally had been pulled over. Police say the car swerved into oncoming traffic and almost drove head on into the officer’s car.”

Lo and behold, it was Caves again. She got retested and her BAC was slightly lower this time – around 0.24% – but still high enough to be more than three times over the state’s legal limit.

After this second, embarrassing arrest, police “requested that Caves’ car be towed to a private, secured lot.”

Obviously, this story is something of an impressive oddity. But it does hold hidden lessons for defendants in Glendale DUI cases. One lesson is that drivers often make mistakes “after the fact” that can dreadfully complicate their legal situations. Of course, had Caves been arrested only once, she still would have been in trouble. But now she faces all sorts of extra headaches because she made bad decisions that compounded her earlier bad decisions.

In fact, it’s this cycle of bad decision-making that often creates the most long-term problems for people. Getting arrested for a Glendale DUI is already a major problem, but it’s the spiral of poor thinking upon poor thinking that creates huge problems.

Fortunately, you can stop that spiral by connecting with an experienced and Harvard Law School educated Glendale DUI defense attorney at the Kraut Law Group (450 North Brand Boulevard, Suite 600, Glendale, California 91203 Phone: (818) 507-9123). Attorney Michael Kraut served as Senior Deputy District Attorney for the city of Los Angeles for over 14 years, and he uses his relationships with prosecutors, knowledge of the system, strategic understanding of the law, and other resources to help clients build vigorous defenses.

Continue reading "Now Here's a Glendale DUI You Don’t See Every Day…Woman Busted for DUI Twice in Five Hours!" »

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.

Last Tuesday, a jury convicted Pastor Christopher Iruke in a multimillion dollar Los Angeles healthcare fraud case. Iruke, an employee, and Iruke’s wife were nailed on charges of healthcare fraud and conspiracy to commit fraud for devising and carrying out a scam that bilked Medicare for $14 million.

A story last week in the Los Angeles Times painted a vivid picture of Iruke’s last moments before his arrest. As federal authorities zeroed in on his fraud ring, the pastor of a South LA storefront church started to “shove pages upon pages of incriminating evidence into a shredder until the machine overheated. He then stuffed papers into the toilet and tried flushing his problems away…the documents linked him to bogus prescriptions for power wheelchairs for which he billed the government about $6,000 a piece, prosecutors alleged.”

Prosecutors said that the pastor collected about $6.6 million in reimbursements from the false claims (out of $14.2 million in claims filed) and that “the money funded a lavish lifestyle, including several luxury cars, international travel, and about $0.5 million remodeling on his Baldwin Hills home.”

So this story has touched nerves on many levels. First of all, no one likes to read about these blatant cases of South California Medicare fraud, Los Angeles insurance fraud, Burbank identity theft, and the like. Even if you participated in a scam, you recognize that these crimes corrode our social contract.

We also expect clergy members to adhere to a higher moral standard. So when we read about pastors allegedly bilking Medicare out of millions of dollars to furnish their homes, buy fancy cars, and travel abroad, we get righteously riled up.

This kind of ire can be a double-edged sword. Especially if you’ve been falsely accused of a crime like Medicare fraud – or even if you did commit a crime – the fallout can be difficult to manage. People who once trusted you may now scorn you. You might even have trouble relating to friends and family members. The path to redemption (so to speak) may be complicated. But an experienced Los Angeles Medicare fraud defense attorney will help you figure out what to do. Connect with former prosecutor and Harvard Law School-educated lawyer Michael Kraut to get a free, systematic, and strategic evaluation of the possibilities for your defense.

Hopefully we won’t be reading about Justin Bieber or Miley Cyrus going through the gauntlet of the Pasadena DUI process any time soon.

We need at least some of our young fresh-faced celebrities to stay sober and clean and act as responsible role models. But young celebs like Cyrus and Bieber are already setting something of a bad example. According to a recent article on CNN.com – “nation of adults who write like children” – Cyrus, Bieber, and other young celebrities have atrocious handwriting. The article quoted Justin King, a paparazzi who sells celebrity autographs: “with stars ages 30 and above, they generally have a much more full, legible signature. When you deal with these new people like Elle Fanning, you are lucky if you get an E and F and a heart for a signature.”

How does this all relate to the Pasadena DUI process?

It does, actually.

Because defendants recently arrested for violating California Vehicle Code Section 23152(a) or 231521(b) – driving under the influence in Pasadena (or elsewhere in Southern California) -- must deal with a certain amount of bureaucracy, or risk of losing their licenses or encountering other legal trouble down the line.

If your handwriting is terrible – like Bieber’s and Cyrus’s, for instance – and you submit illegible forms, several things might happen. You might be asked to fill out the forms again. Or, quite possibly, the documents can be misinterpreted, leading to all sorts of unpleasant bureaucratic complications.

Given that your future is on the line – not just your potential freedom, but also your driver’s license, future insurance rates, employability, etc., it behooves you to connect with an experienced Pasadena criminal defense attorney who can explain your options.

Pasadena’s Kraut Law Group (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) provides the help, support, and resources you need (minus the handwriting instruction) to manage your Pasadena DUI charge with aplomb. Attorney Kraut is a widely respected figure in the Pasadena DUI community. Please read more about his background, credentials, history as a former city prosecutor (Senior Deputy District Attorney), and critical information about the relevant law (“Pasadena DUI 101”) on his site, or connect with him now for a free consultation.

Continue reading "Making the Pasadena DUI Process Way Too Complicated? Maybe it’s Your Bad Handwriting… like Justin Bieber’s?" »