July 26, 2010

Southern California White Collar Crime Blogs Weigh in on Massive Medicare Bust

Blogs and local media outlets dedicated to covering breaking news about Southern California white collar crime have been lighting up over a huge Medicare scam bust sprung the Friday before last. CBS and the AP report that, on Friday July 16th, Federal authorities took down 94 people in conjunction with over $250 million worth of Medicare fraud in five states. Medicare-Fraud.jpg


This constituted the largest bust of its kind in history.

Suspects were arrested in Baton Rouge, Houston, New York, Detroit, and Miami for doing things like billing Medicare for physical therapy, medications, and treatments that never took place; purchasing phantom equipment; and engaging in elaborate cover up activities. The largest scam took place at the Bay Medical Clinic in Brookline, where authorities contend that the operators of the fraud ring stole $72 million from Medicare by submitting false claims on behalf of senior Russian immigrants. Over 3,700 claims got filed under the name of one elderly woman alone, and many patients literally sold their Medicare numbers to make extra money. At Bay Medical, authorities alleged a room had been set up replete with Soviet Union style propaganda, including a Lenin era poster that warned in Russian “be on the lookout: in these days the walls talk.”

Los Angeles healthcare fraud is a very serious crime – and clearly the government is making a concerted effort all across the country (including Southern California) to catch white collar criminals – particularly now that President Obama’s Affordable Care Act provides officials with extra powers to stop and punish suspected providers.

A variety of laws may be applicable in health care fraud cases, including Penal Code Section 550, Industrial Code Section 1871.4, Penal Code Section 118, Labor Code Section 3700… and that’s just the beginning, actually.

What constitutes Los Angeles healthcare fraud? Anything from double billing to providing unnecessary procedures to subjecting patients to unnecessary testing to falsifying patient records to billing insurers or Medicare for care that never got provided.

Defending against charges of Los Angeles insurance fraud can require serious legal legerdemain. Although a Southern California white collar crime attorney can help you put up a stiff and robust defense, you need to provide him or her with good information and potentially be prepared for a long and drawn out battle – especially if you face serious, complex charges.

Fortunately, attorney Michael Kraut of the Kraut Law Group can establish a powerful strategically-focused defense. Attorney Kraut is not your average Los Angeles white collar crime attorney – he is a Harvard Law School educated former prosecutor who has appeared as a legal expert for the Los Angeles Times and has been featured on NBC Nightly News, CBS Evening News, and CNN.

July 19, 2010

Southern California Medical Insurance Fraud Operation Nets 10 Convictions

Last February, the Orange County DA’s office announced that a dozen individuals had been arrested for Southern California medical insurance fraud in conjunction with an elaborate undercover operation. The latest defendant to be sentenced was Florin Catinas, a 36-year-old chiropractor. After pleading guilty to a felony charge, Catinas received a 60-day jail sentence, more than $4,000 in forced restitution, and three years probation. Catinas could have faced more serious penalties, had he not chosen to testify against a co-defendant, David Gonzalez, in exchange for getting five other felony charges dropped.catinas.jpg


Gonzalez himself actually got acquitted of Southern California white collar crime charges back in June -- at least on three felony counts. (The jury did not come to a verdict on three other counts, and the prosecution is currently seeking a retrial to try to get Gonzalez on charges of Southern California insurance fraud, grand theft, and unlawful referral of clients.)

The undercover operation involved serious complexity. Investigators created a fake lawyer’s office and sent out letters to chiropractors, doctors, and other providers whom they suspected to be involved in illegal billing schemes. The letter suggested that the lawyer’s office would send referrals to the medical providers in exchange for a 30% commission or kickback – an obviously illegal offer. Out of the dozen people tagged in the operation, only one has been acquitted thus far.

Let's delve into the specific laws that focus on Southern California healthcare fraud.

Most Los Angeles medical fraud cases can be charged pursuant to Penal Code Section 550 and Insurance Code Section 1871.4. If the provider employs other people, he or she could also be charged pursuant to Labor Code Section 37100. If the provider made a claim to an insurer based on a false statement, the defendant can also face a perjury charge for violating Penal Code Section 118.

Some actions that would constitute healthcare fraud include double billing, creating false medical records, asking for unnecessary patient tests, billing insurers for care that was never delivered, and prescribing meds or doing procedures that were unnecessary.

If you or a loved one or a co-worker faces similar charges of Southern California white collar crime, credit card fraud, or insurance fraud, odds are that you are confused, frustrated, and scared. To develop a strategic and smartly focused defense, you almost certainly need an experienced and tested legal representative in your corner.


Continue reading "Southern California Medical Insurance Fraud Operation Nets 10 Convictions" »

July 12, 2010

Southern California Medical Insurance Fraud Blogs Zero In On Crazy Case Out of Louisiana

As if the Great State of Louisiana didn't have enough to worry about – Southern California medical insurance fraud blogs have been chasing after a wild story out of Cajun Country, in which an administrative assistant at a chiropractic clinic allegedly pilfered over $77,000 from her employer in an elaborate scam that lasted over three years.louisiana-medical-insurance-frau.jpg


The Dirty Details

Louisiana State Troopers arrested Juanita S. Boyd last week following a five-month investigation into her alleged criminal activities. Ms. Boyd worked as an assistant at a Baton Rouge chiropractic clinic called Advanced Chiropractic. Somehow, she managed to work out an arrangement with a local personal injury attorney named Kevin Hanchey, who referred his clients to Advanced Chiropractic for medical treatment. From 2007 to 2009, Hanchey sent over multiple clients and wrote 39 checks to Ms. Boyd (directly, as opposed to the clinic itself). She allegedly cashed the checks and kept the money for herself – a total of over $77,000, which should have rightfully gone to her boss, Dr. Doyle Johnson.

If you stand accused of white collar crimes – particularly insurance fraud in Southern California – what kinds of charges might you face? The answers depend on the circumstances of what you did. Insurance Code Section 1871.4 is a catch-all for Los Angeles healthcare fraud cases. You might face charges under Penal Code Section 550. If you made a false charge, you could face perjury charges on top of everything else under Penal Code Section 118. And Labor Code Section 37100 might also apply, if you are an employer who committed healthcare fraud.

More generally, Los Angeles insurance fraud is covered under California Insurance Code Section 187. Other types of fraud can be covered under different sections. For instance, auto insurance fraud is covered under Section 1872.8. Depending on the nature of the charge, you could be hit with either a misdemeanor or felony.

As you can see, the legal wrangling over Southern California white collar crime charges can get quite intense and complicated – even if the charges themselves at first appear straightforward. To put up a stiff defense, you want an attorney who has both experience and success dealing with similar situations.

Continue reading "Southern California Medical Insurance Fraud Blogs Zero In On Crazy Case Out of Louisiana" »

July 5, 2010

Ex-Cop Accused of Southern California White Collar Crimes Galore

53-year-old Kevin Michael Sianez was walloped with a 63 charge criminal count last week, including charges of an array of Southern California white collar crimes. Sianez worked for the Stanton Police Department between 1979 and 1986 and operated, more recently, as an unlicensed private investigator. He stands accused of a dazzling array of unsavory deeds. Here are a few of them:ex-cop-fraud.jpg

• Operating as a private investigator without being licensed through the California Department of Consumer Affairs Bureau of Security and Investigative Services.
• Lying about his professional credentials online to attract business.
• Intimidating former colleagues who threatened to expose his fraudulent activity.
• Threatening to burn down the house of a woman who threatened to expose his fibs online.
• Posting multiple ads on Craigslist to solicit women to have sex with his Labrador retriever.

Felony charges against Sianez include a dozen counts of using an access card fraudulently, 20 counts of false pretense grand theft, five counts of a felon possessing a firearm (coming from a 1998 felony conviction for stalking), and counts of identity theft, perjury, fraudulent computer access, and illegally possessing ammunition. Among his misdemeanor charges are charges of Southern California white collar crime (aggravated). He is currently being held at $0.5 million bail; if he is convicted of all of those charges, he could serve 30 years behind bars.

When one examines the array of Southern California fraud and white collar criminal charges against Sianez, one charge that definitely leaps out is the accusation that he solicited women to have sex with his dog. This accusation, if true, is absolutely despicable. And it illustrates a problem that many Los Angeles white collar crime defendants have: namely, when you are accused of a crime, you find that you end up getting lumped in (in other people’s minds) with criminals who have done much worse deeds. For instance, say you stand accused of Southern California medical insurance fraud for falsely billing a provider for work you didn’t really do. Many people in their minds will hold you in the same regard as they hold a man who wanted women to have sex with his dog.

All this is to say, to build a coherent and clearheaded defense against charges like Southern California credit card fraud, insurance fraud, and the like, you need adept legal representation.

Continue reading " Ex-Cop Accused of Southern California White Collar Crimes Galore" »

June 28, 2010

Two Convictions Out of Detroit Put Would-Be Southern California Medical Insurance Fraud Artists on Notice

Individuals contemplating committing Southern California medical insurance fraud should be on notice: the government is cracking down. Last June, the Feds initiated a multi-state bust-up of healthcare fraud operations that allegedly bilked the system out of $50 million, collectively. Two of the biggest alleged offenders – Bernice Brown and Daniel Smorynski – got convicted last week in US District Court of a fraud scheme that bilked Medicare out of more than $6.5 million.insurance_fraud.jpg


Below are the details about the case:

Between October 2002 and January 2007, Brown (who owned a Michigan-based business called Wayne County Therapeutic) and her Vice President, Smorynski, drafted bogus files to bill Medicare for occupational and physical therapies they never actually performed. All told, they submitted $23.2 million worth of claims to Medicare. The courts came down harshly on both of them. Brown got convicted of 10 counts of healthcare fraud and one count of conspiracy to commit fraud – each of these 11 charges has a maximum penalty of $250,000 in fines and 10 years in jail.

Smorynski, for his part, was found guilty of six counts of healthcare fraud and one count of conspiracy. Clearly, the government is taking these medical fraud cases very seriously.

If you have been charged with Los Angeles healthcare fraud, mostly likely, you will be charged pursuant to a special code, called Insurance Code Section 1871.4. On top of that, you may face charges under Penal Code Section 550. If you’ve made a false statement to prosecutors, you could face charges under Penal Code Section 118. In certain cases, if you are an employer, you may also be found in violation of yet another section, Labor Code Section 3700.

The following activities could be construed as Southern California healthcare fraud: falsifying medical documents, double billing, giving unnecessary procedures or tests to patients, and billing carriers or Medicare for services not provided (like Brown and Smorynski did).

As even this brief (and oversimplified!) introduction to Los Angeles healthcare fraud suggests, these legal charges can get incredibly complicated. If you or a loved one stands accused of a similar charge, you could face catastrophic financial fallout as well as a long prison sentence, if you don’t put up a stiff defense. To that end, you likely want an attorney who has lots of experience and proven success with Southern California white collar crimes.

Michael Kraut of the Kraut Law Group in Los Angeles is a proven, highly respected, and well trained advocate for Southern California white collar criminal defendants. Attorney Kraut spent years serving the city as a prosecutor before switching to become a defense attorney. He knows how prosecutors typically operate, and he can use his knowledge and intuition of the process to deliver an exemplary defense.

June 21, 2010

Complex Southern California Medical Insurance Fraud Case Ends with a Guilty Plea

On June 7, a Riverside, California man named Rene Montes entered a guilty plea for dozens of counts of Southern California insurance fraud. The California Department of Insurance reported that Montes pled guilty to felony conspiracy, three counts of felony tax evasion, 59 counts of felony insurance fraud and 59 grand theft felony counts. Sentencing has been set for the end of July. Montes allegedly bilked insurance companies out of $1.5 million by perpetrating a scam to collect funds from AIG Claim Services with respect to outstanding workers’ compensation medical liens.los-angeles-Insurance-fraud.jpg


According to reports, Montes perpetrated the scam from around August 2003 through January 2006. Three other people have also been charged in connection with this Southern California insurance fraud: 47-year-old Cara Cruz-Thomson, 46-year-old Hector Porrata, and 43-year-old George Martinez. The three co-defendants were sentenced in the beginning of May for their connection with the scam. Porrata pled guilty to 50 counts each of grand theft felony and felony insurance fraud as well one felony count of conspiracy. The court ordered him to pay out $1.2 million and serve an 8-year prison sentence. Cruz-Thomson pled guilty to 11 counts each of grand theft and insurance fraud as well as a conspiracy count. She received a two-year prison sentence and an order to pay more than $220,000 in restitution. Martinez also pled guilty to 11 counts of grand theft and insurance fraud as well as a count of conspiracy. He also got a two-year prison sentence and an order to pay around $300,000 in restitution.

The Orange County District Attorney’s office and California Department of Insurance worked together for months to unpack all the subtleties of this Southern California white collar crime.

If you or a loved one faces similar charges, you’ll likely need an attorney who has experience and facility with complex civil and criminal matters to develop a winning strategy.

Attorney Michael Kraut of the Kraut Law Group in Los Angeles has ample experience with Southern California white collar crimes. In his former career as a senior Deputy District Attorney for Los Angeles, he boasted a 98% success rate at jury trials. He is Harvard Law School educated, and he leverages his connections from his stint as a prosecutor to advocate for the best interest of his clients.

The charges you face are real. Get real about your defense by connecting today with Attorney Kraut to build your best defense.

June 14, 2010

Southern California Medical Insurance Fraud Experts Closely Watching Desai Case in Nevada

On Friday June 4th, a grand jury indicted Dr. Dipak Desai on 28 criminal counts – from racketeering to insurance fraud – prompting those who follow stories of Southern California medical insurance fraud to vigorous debate the potential fallout.desai-medical-insurance-fraud.jpg


Dr. Desai – who was charged along with two of his former employees, Ronald Lakeman and Keith Mathahs – allegedly accidently infected over 100 patients with Hepatitis C at his Endoscopy Center of Southern Nevada from March 2004 through January 2008. Patients at his center allegedly got infected because nurses reused syringes. An astounding 50,000 patients in total might have been exposed to HIV and Hepatitis B in addition to Hepatitis C.

Felony counts against Desai include criminal neglect of patients, medical insurance fraud, obtaining money under false pretences, and racketeering. Desai is in the midst of a filing for Chapter 11 bankruptcy, and representatives for plaintiffs have whalloped the embattled physician (former physician actually, since his license was stripped earlier this year) with a slate of malpractice suits. Attorneys said that the insurance coverage “will be grossly and totally inadequate to satisfy the damage claims of plaintiffs.”

Two companies linked with Desai’s clinic – Baxter Healthcare Corp and TEVA Parenteral Medicines – may have to play a collective judgment worth $500 million in damages – the most ever awarded in Nevada.

If you or a loved one faces charges of Southern California medical insurance fraud or any other kind of white collar crime, chances are that others will leap to judgment without knowing all the facts. You could quickly find yourself without allies, recourse, or knowledge about what to do. It can be very scary to face these kinds of serious charges.

Southern California healthcare fraud is subject to punishment under Insurance Code Section 1871.4 as well as Penal Code Section 550. You might also face charges under Labor Code Section 3700 and Penal Code Section 118. Southern California healthcare fraud charges can be diverse and can include accusations of doing unnecessary medical procedures, falsifying or changing medical records, billing insurers for services not provided, prescribing medications that aren’t needed, and urging patients to undergo tests that are not unnecessary.

The sophisticated nature of Southern California white collar criminal charges almost necessitates that you retain a top caliber criminal defense attorney to protect you and your rights. But whom can you trust?

Consider talking to Attorney Michael Kraut of the Kraut Law Group. As a former Los Angeles prosecutor and a Harvard Law School trained trial lawyer with a 98% success rate jury trials, Attorney Kraut can answer your questions and work with you to develop a thorough and strategically sound defense against Los Angeles healthcare insurance fraud charges.

June 7, 2010

Southern California Credit Card Fraud Analysts Keenly Watching Reggie Wayne Drama Unfold

Most cases of Southern California credit card fraud fail to make the headlines, either because they involve relatively insignificant sums of money or because they involve people and corporations that everyday people don’t know or care much about. reggie-wayne-dui.jpg


However, a breaking story out of Indianapolis has heads swiveling across the nation. A Pro Ball receiver for Indianapolis Colts – Reggie Wayne – is locked in a heated battle with an ex-girlfriend over allegations that she fraudulently misappropriated his credit cards to the tune of nearly $100,000.

The Indianapolis Star quoted a local police sergeant, Paul Thompson, about the matter: “We found that over approximately one year of time that $60,000 of cash and $35,000 of merchandize had been misappropriated by the use of a debit card or credit card number.” Wayne’s ex-girlfriend, 26-year-old Natasha McKenzie, downplayed the charges to a local radio station, saying in effect that Wayne had authorized her to use the card. But Sergeant Thompson insisted that McKenzie had admitted to the police that she used the card without authorization.

After being alerted by Wayne in April, the Indianapolis police conducted an investigation and eventually got a warrant to search McKenzie’s apartment. Last week, the police went over to her residence. She was not home, so they forced entry (which was allowed by the warrant) and confiscated property that was ID’d as having been purchased with Wayne’s credit card. This property included a living room set, some TVs, and other equipment – as well as property that she allegedly purchased with cash taken from the card.

Reggie’s representatives have so far declined to comment about the ongoing investigation, although Southern California credit card fraud experts believe that the drama between Wayne and his ex may escalate and become more public as more details trickle out.

If you or a loved one has been arrested and charged with credit card fraud in Southern California, prosecutors may charge you under various sections of the California Penal Code. For instance, mail theft is charged under Penal Code Section 530.5(e); whereas receiving stolen property is charged under Penal Code Section 496(a). If you make a false financial statements, prosecutors can charge you under Penal Code Section 532a(1); whereas if you unlawfully access credit card activity, you will subject to punishment under Penal Code Section 484i(c).

The reason we are bandying about these various penal code sections is to illustrate just how complicated even a simple charge of Southern California credit card fraud can become. To that end, whether you face a simple charge or a complex series of charges in conjunction with credit card fraud, mail fraud, or any other white collar crime in Southern California, it behooves you to get solid legal representation.

Continue reading "Southern California Credit Card Fraud Analysts Keenly Watching Reggie Wayne Drama Unfold" »

May 31, 2010

Indictments and Guilty Pleas in Major Southern California Fraud Cases

The Wall Street Journal reported on May 21st that a major real estate developer, Anthony Symmes, has pled guilty to charges of Southern California fraud – and seven other people have been indicted on similar charges. The 59-year old Symmes is the most prolific house builder in the Chico region, and he is alleged to have developed a scheme to sell over 60 houses to earn illegal profits. In addition to the money laundering count, Symmes pled guilty to Southern California mail fraud. The developer has paid $4 million in restitution already into a US Treasury account, and he is cooperating with investigators who are looking into Southern California mortgage fraud charges against another area magnate, Garret Gilliland.mortgage_fraud.jpg


The Wall Street Journal also reported that Sacramento resident, Eric Mortenson, along with two men from Las Vegas, have been indicted on Southern California wire fraud charges in conjunction with a scheme to illegally flip properties for resale. The defendants could get up to two decades in jail if convicted.

Lastly, four Redding, California residents were charged with a smattering of Southern California fraud charges, including money laundering, mail fraud, and conspiracy to commit mail fraud. If convicted, they can face fines of up to $0.25 million as well as 30 years in jail.

Southern California white-collar crimes are taken very seriously by the court system. Different penal code sections cover different crimes, and these cases can often get very complicated and technical. Consider, for instance, that perjury is covered by Penal Code Section 118, mail theft is covered by Penal Code Section 530.5(e), and receiving stolen property is covered by Penal Code Section 496(a). Often, these cases involve extensive paper trails, numerous parties, allegations and counter allegations, and both subtle and glaring violations of business ethics and the law.

To that end, if you or a family member has been charged with Southern California fraud, conspiracy to commit fraud, or any other kind of white-collar crime, you need an attorney who has the wherewithal, skills, and experience to develop an effective strategy for you.

Continue reading "Indictments and Guilty Pleas in Major Southern California Fraud Cases" »

May 24, 2010

Businessman Ordered to Pay $1.3 Million in Southern California Insurance Fraud Case

On May 7th, an L.A. Superior Court Judge ordered local businessman Joseph Baiden to pay over $1.3 million in restitution for committing Southern California insurance fraud. According to a KPCC news story, Baiden had illegally underreported his workers comp pay roll in conjunction with a company called Nurse Connection Inc. He also failed to pay insurance premiums for workers comp. Initially, Baiden had been ordered to spend five years in prison, but Judge Horowitz agreed to allow the 57-year-old Diamond Bar resident to have five years supervised probation, including 90-days of electronic monitoring. In addition, Baiden will have to pay over $100,000 in investigative fees to the California Department of Insurance.Joseph-Baiden.jpg


Moving forward, as a result of pleading guilty to Southern California workers comp fraud, Baiden must submit his tax returns to both the DA’s office and the Department of Insurance and offer clear proof both that he has workers comp insurance and that he is in complete compliance with his payment obligations. Baiden will return to court on November 8th to submit a progress report.

Los Angeles insurance fraud charges can be complicated to understand and difficult to fight. Different laws cover different kinds of Southern California insurance fraud. For instance, Penal Code Section S550(a)(5) defines medical insurance fraud; whereas California Insurance code Section 1872.8 spells out the definition of Auto Insurance fraud.

If you or a loved one is being investigated for any kind of Southern California fraud – from life insurance to medical insurance to auto fraud – odds are that you need a reliable, trustworthy, and trial-proven attorney to see you through the difficult legal proceedings ahead.

Continue reading "Businessman Ordered to Pay $1.3 Million in Southern California Insurance Fraud Case" »

May 17, 2010

Southern California Healthcare Fraud Experts Scratch Heads over Double-Edged Decision in Pennsylvania Case

Last Wednesday, a Federal Judge gave a Pennsylvania doctor, John Kristofic, a year and a day in prison pursuant to a healthcare scam that lasted from 2003 to 2008. Southern California healthcare fraud experts have been poring over Judge Ambrose’s decision to determine whether and how the decision might be impact local cases.dr-John%20Kristofic.jpg


The perplexing saga of Dr. Kristofic

The 62-year-old Dr. Kristofic (of Shadyside, PA) has a long and tumultuous history with the law. Back in the 1980s, he was brought up on charges under the Racketeer Influence and Corrupt Organizations Act of stealing more than a $1 million by billing for non-medically necessary tests. He allegedly invested the proceeds of this scam into private commercial real estate. The doctor settled that case for $0.75 million. He was later arrested and convicted of driving under the influence, AND he got probation for lying about his asset portfolio in 1991.

His latest arrest pertains to similar charges. From 2003 to 2008, Dr. Kristofic allegedly unfairly billed Medicare and other private insurers for services he never provided to his patients. Many Southern California healthcare fraud experts -- at this point reading about Dr. Kristofic’s bio --would feel pretty confident that his repeated chronic violations of the law should merit a harsh sentence.

But… the story thickens.

It turns out that Dr. Kristofic has another side -- an altruistic and giving one. Among other things, he provided free medical care for organizations like Operations Safety Net, Alcoholics Anonymous, and Catholic Charities. In a 2006 trip to Haiti, he gave out free care to the sick, an act which a local Reverend said “exuded a sense of compassion… it was extraordinary.” And Judge Ambrose received 60+ letters from various people and organizations commending Dr. Kristofic for his charity and extraordinary givingness.

As you can see, cases of Southern California insurance fraud can be a lot more complicated than they first appear in the headlines.

If you or a family member has been charged with healthcare fraud or any other white collar crime in Southern California, consider protecting yourself by retaining high quality legal counsel.

Continue reading "Southern California Healthcare Fraud Experts Scratch Heads over Double-Edged Decision in Pennsylvania Case" »

November 27, 2009

Alan M. Ralsky, the "Godfather of Spam," Convicted of Fraud in Southern California (and elsewhere)

The Department of Justice emerged victorious on Tuesday in a case against Alan M. Ralsky, the self-titled Godfather of Spam. The 64 year-old Ralsky was sentenced to jail time as well as substantial fines for computer fraud in southern California and elsewhere.alanralksy.jpg

The DOJ had argued that Ralsky -- in conjunction with a ring of associates -- violated the CAN SPAM Act and engaged in money laundering, mail fraud, wire fraud, and illegal use of emails and computer networks. Court documents said that his spammer ring worked for about a year and a half (from 2004 to mid 2005) to artificially jack up the prices of certain stocks by sending out bulk spam emails to people. After the stock prices went up, other individuals in the white collar crime syndicate traded on those stocks. Collectively, they thus managed to rake in millions of dollars in illegal gains.

The spammers used sophisticated software to avoid detection and conducted their operations not only here in the United States but also in China and Hong Kong.

Microsoft, in particular, seemed delighted by the news of the conviction of these white collar criminals. A company spokesman remarked: “Yesterday’s sentencing is a significant success and sends a clear message that the courts take this type of illegal conduct seriously.”

As a good white collar criminal defense attorney in Southern California might note, Penal Code sections 502(c) and 530.5(e) respectively cover computer access and fraud and mail fraud. Of course, with intricate computer fraud cases like this one, the issues of law can get quite complex. For instance, to prepare for the Ralsky matter, prosecutors no doubt had to consider not just applicable federal and state laws but also international laws.

Putting together a strategic battle plan for a fraud case can get incredibly technical. Both sides must assemble complicated cause-and-affect arguments. The prosecution, for its part, has to identify the mechanisms by which the alleged fraud acts were committed -- no small task, particularly when you're dealing with sophisticated spammers and computer gurus. The defense doesn’t have it easy either. In order to combat charges of computer fraud, the defense must aptly challenge the logic of the prosecution's arguments and cite relevant laws and cases.

If you or a family member or friend has been charged with a white collar crime, like computer fraud in Los Angeles, you may want to speak with veteran criminal defense Attorney Michael Kraut of the Kraut Law Group. Attorney Kraut has impressive intellectual firepower -- he is a graduate of Harvard Law School. He also has lots of experience "in the trenches" -- he served for years as Deputy District Attorney for the City of Los Angeles prior to representing white collar defendants. He has a knack for anticipating and deftly deflating prosecutorial arguments -- arguments that often leave even experienced defense attorneys confused and helpless.

With so much on the line -- not just for you but also for your family -- it makes sense to work with one of Southern California’s most trusted fraud defense attorneys.

Continue reading "Alan M. Ralsky, the "Godfather of Spam," Convicted of Fraud in Southern California (and elsewhere)" »

November 18, 2009

Los Angeles Bankruptcy Case Pits Actor Nicolas Cage against His Former Business Manager

Nicholas Cage has long been one of Hollywood's leading lights. Unfortunately, a combination of overspending and possible Los Angeles embezzlement -- along with the collapse of the global markets in 2008 -- has beset the A-lister with serious financial problems. nicolas-cage-picture-2.jpg


Cage will soon face off against his former business manager, Samuel Levin -- the two parties have sued and countersued each other -- over charges that include embezzlement in Los Angeles.

According to an AP story, Levin has accused Cage of engaging in no-holds-barred spending sprees -- against his counsel -- over the course of many years leading up to the banking collapse in the fall of 2008. The actor allegedly purchased 15 houses, 22 cars (including nine Rolls-Royces), a "flotilla of yachts," a pair of European castles, a Gulfstream jet, ornate jewelry and pieces of rare art, and other "exotic items." In addition, the actor allegedly spent lavishly on "Gatsby style" affairs at his various estates, further undermining his cash flow. Cage maintains that his business manager kept him in the dark about the state of his finances.

The legal battle between the actor and his former manager will surely soak up a great deal of media attention when it commences in February 2010.

Even an experienced white collar criminal defense lawyer in Los Angeles might be challenged by a case as complex and as public as this one. An extensive investigation into financial practices, accounting ledgers, and other records may be required to build a solid defense; and it can be quite difficult -- even for experienced investigative teams -- to determine the "truth" about such convoluted financial situations.

Charges of embezzlement are relatively common in Hollywood, where individuals with lots of liquid cash -- such as movie stars and studio heads -- rely on proxies to manage their day-to-day financial operations. If someone's convicted of embezzlement in Los Angeles, he or she can be charged with either a felony or a misdemeanor. Common punishments can include:

• forced restitution
• fines
• jail sentences
• loss of professional credentials and licensing

If you or a friend or family member has been charged with embezzlement in Southern California or a Los Angeles DUI, it may behoove you to speak with attorney Michael Kraut of the Kraut Law Group. Attorney Kraut boasts extensive experience with white-collar crimes in Southern California. He's worked on literally dozens of relevant cases -- including a jury trial, which he argued successfully. He's a Harvard Law School alumnus and a former prosecutor for the city of Los Angeles. He has a natural acumen for the law, and he provides each client with compassionate and proactive representation.


Continue reading "Los Angeles Bankruptcy Case Pits Actor Nicolas Cage against His Former Business Manager" »

November 12, 2009

20 Suspects Arrested for Los Angeles Health Care Fraud: Allegedly Bilked Medicare of $26 million

According to the AP, Los Angeles authorities have arrested and indicted 20 people for Los Angeles health care fraud over the past two weeks. The suspects allegedly scammed the Medicare program out of $26 million. The strike force that conducted the operation has been working since 2007 to combat criminal organizations that steal literally billions of dollars every year from the coffers of Medicare and Medicaid. All told, 331 people have been indicted in a series of 4 separate sweeps since 2007.medicare.jpg

A Los Angeles white collar crime attorney will likely be assigned to help the defendants develop a strategy. A Justice Department official said the accused may have been active members in a criminal gang. One defendant, 30-year-old Michael Martinez, allegedly recruited friends and relatives to help with the scheme, which involved purchasing wheelchairs for people who didn't exist or who had already died. They also billed for hospital beds that no one needed or used.

If you're convicted of health care fraud or white collar crime in Los Angeles, penalties can be swift and can include a jail sentence, forced restitution to victims, and other fines. Many suspects make ill-advised statements to authorities that can compromise or even cripple their chances at an adequate defense. To develop a solid strategy often requires combing through reams of paperwork and potentially challenging the government investigation on technical points. In cases of Medicaid fraud in Southern California, defendants may not have much margin for error. Presidential Obama's Justice Department and Attorney General Holder have both publicly committed to reining in Medicare and Medicaid fraud and making examples out of those arrested to deter gang members and other organized criminal elements from further defrauding government entitlement programs.

Continue reading "20 Suspects Arrested for Los Angeles Health Care Fraud: Allegedly Bilked Medicare of $26 million" »

November 5, 2009

White Collar Crimes in Los Angeles Nab Lawyers and Chiropractors in Fraud Case

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.

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September 16, 2009

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

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.

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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.

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September 2, 2009

Warrant Issued For the Arrest of Bobby Brown...Is He in Los Angeles?

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.

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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.

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August 24, 2009

Los Angeles Death of Michael Jackson Ruled a Homicide

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.

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August 21, 2009

Los Angeles Reality Star is Sought by Police for Murder in Buena Park

Three days after a former model's body was found stuffed in a small carry-on suitcase, the facts are beginning to appear more clear. Jasmine Fiore, 28, an aspiring real estate agent and former model was found dead as a result of murder......the person of interest, her former husband. The purported suspect, Ryan Jenkins, was a two time reality star who always wanted attention and the limelight. Now, he has suddenly disappeared and is in need of a Los Angeles criminal defense lawyer. All of the facts are not yet known. What is clear is that the Jenkins and Fiore had a brief, but stormy relationship.

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Fiore and Jenkins were last seen at a poker game in San Diego. On Saturday, Jenkins reported missing to the Los Angeles County Sheriff's Department. Shortly thereafter he disappeared completely off the face of the earth. Based upon circumstantial evidence, Jenkins should seek the advice of a pre-filing Los Angeles criminal defense attorney.

They met in March of this year in Las Vegas, spent two days together and then got a Vegas "quickie" marriage. Things apparently did not last too long. After arguing constantly, Fiore filed for an annulment from the marriage. That stormy marriage resulted in a criminal filing of domestic violence against Jenkins. Jenkins was charged with misdemeanor battery. He was scheduled to go on trial this December for the violent crimes he committed against her.

Jenkins also had a criminal charge in his home country of Canada. In January 2007, he was given probation for an assault charge.

The victim's mother indicated that Fiore and Jenkins had been fighting recently over her past boyfriends. Apparently, he was jealous of the fact that Fiore had always remained good friends with people that she had previously dated.

Jenkins was just beginning his new career of attempting to become a reality star. He had just appeared on three episodes of "Megan Wants a Millionaire." He was identified as a wealthy investment banker bachelor on the series. However, now he has disappeared

Preliminary results show that Fiore was murdered by strangulation. The final autopsy report is pending and until it is released, the cause of death is officially undetermined.

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August 17, 2009

Los Angeles White-Collar Crimes About to Be Charged Against UBS Clients in the United States

One of the first criminal prosecutions arising out of the settlement between the United States and the Swiss bank UBS, the second largest wealth manager, has just occurred in Los Angeles this week. The Federal government had sued the Swiss bank in order to gain access to the names of Americans who had participated in Los Angeles white-collar crimes by not disclosing assets as a well as tax evasion.

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The prosecution of Malibu resident, John McCarthy, occurred after UBS disclosed 250 names of U.S. residents who had illegally transferred money out of the country and hid the money at the Swiss bank. The Feds filed the lawsuit in order to compel UBS to turn over the names of 52,000 Americans who were suspected of hiding in excess of $13 billion of money and other assets. Because of the number of names that are sought for possible prosecution, and the extent of possible criminal charges, it is important to hire a pre-filing Los Angeles criminal defense attorney. A top-notch criminal defense attorney will be able to counsel his client on the best way to either comply with the law, or get amnesty for previous improper acts.

The settlement reached with Swiss banking authorities resulted in UBS paying $780 million in fines and turned over 250 U.S. names and information concerning those, and other individuals that used the banks services. Based upon this information, McCarthy was charged with tax evasion and secreting assets into the Swiss bank without disclosing those assets. Prosecution of these white-collar crimes in Los Angeles and Southern California are increasing as the Feds come close to the end of an amnesty period that ends on September 23, 2009

White-collar prosecutors will aggressively seek cases against those who do not come clean before that fateful date. McCarthy faces up to 5 years in prison and $250,000 in fines, and full restitution. He will appear in a Los Angeles court on September 14, 2009.

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