Los Angeles Criminal Defense Attorney Blog

Published on: June 5, 2012

Sad and Scary Los Angeles Lewd Conduct Allegations

Last week, 25-year old Jorge Luis Dominguez, an aide at Los Angeles Unified School District School, was arrested for lewd conduct in Los Angeles and held on a bail of $100,000.

Since 2004, Dominguez worked as a coach and aide to teachers. LAUSD superintendent, John Deasy, released a statement about the allegations, which included “criminal acts against children” as well as “lewd acts with a child.” Deasy called these allegations “horrifying and sickening.” According to initial reports, the crimes did not occur at school, and it’s unclear at this point whether a student was a victim. An anonymous mother railed against the notification process, expressing disgust and dismay. Thus far, there is no court date on the books. Shortly after Dominguez’s arrest early Thursday morning, the school terminated his employment.

As this case illustrates, charges of lewd conduct in Los Angeles – or other sex crimes or violent crimes – particularly when they involve children – touch our emotions powerfully. Cases like this are scary and potentially disgusting and disturbing. In the midst of all the allegations — the name calling and fear — it’s easy for compassion and empathy to get lost, especially with respect to the alleged criminal.

Published on: June 1, 2012

Exactly What Not to Do After a Los Angeles Petty Theft

by Michael Kraut

If you or a friend has recently been arrested for petty theft in Los Angeles, odds are, in sober reflection, you probably wouldn’t have made the same decisions that landed you where you are.

We all make bone-headed decisions, from time-to-time. One case out of Milwaukee, however, takes this concept of “the dumb criminal” to almost cartoonishly absurd levels.

20-year old Houaka Yang stole a camera from the aide to a Republican State Senate candidate and used the camera to film himself gleefully confessing to the theft. The owner of the camera, 25-year old Chris Rochester, ultimately got the camera back and noticed a bunch of new videos on his camera – videos that weren’t there before the theft. He checked them out. Most were uneventful – recordings of television screens. But one video caught his eye – a video of the thief confessing to the crime. Here is a full quote. It sounds like something Dr. Evil’s daffy little brother would say. But it’s a real quote, and it’s kind of amazing: “This is my house, yes, and a stolen video camera that I stole, but it’s okay, the cops won’t figure it out….Oh yeah, to introduce you, my name is Houaka Yang, so yeah. How do you do.”

Published on: May 25, 2012

Los Angeles Lewd Conduct: An Icky Case Out of Florida Makes You Think Twice about Using the Bus

by Michael Kraut

Fortunately, most cases of lewd conduct in Los Angeles are not as weird and disturbing as this one…

A 19-year old woman, Krystal Kamil Hernandez, has been arrested; charged with lewd conduct, sexual battery, and lascivious exhibition; and held in a Florida jail on $35,000 bail in connection with a series of events on local public buses. Ms. Hernandez allegedly showed her pubic region and genitals to several underage girls, including a pair of 16-years old and a pair of 15-years old, according to a deputy’s allegations. She also has been accused of trying to assault a 13-year old girl with a sex toy and texting a nude picture of herself to a 14-year old girl.

All told, not exactly an excellent situation, for anyone involved.

Published on: May 23, 2012

A Fun Way to Deter Petty Theft in Los Angeles – Lessons for the Accused, Too

by Michael Kraut

If you’ve been arrested for petty theft in Los Angeles – due to shoplifting, stealing an item from work, or something along those lines, you are probably pretty frightened about what’s going to happen to you. How will you deal with the fallout, such as jail time, mandatory restitution, a criminal record? What will you do if you face deeper legal complications — e.g. if you have a prior record and/or if the Los Angeles petty theft was done in conjunction with other crimes, such as hit and run, robbery, sexual assault, etcetera?

Solutions to your problems – as well as solutions to the general problem of theft crime in our society – may be simpler than you and many other people have been led to believe.

Enter a very interesting innovation called the “anti-theft lunch bag.” Engineered by two designers named Sherwood and Mihoko, these bags look like normal zip lock sandwich bags. But they’re colored to look moldy and disgusting. The idea is: put your sandwich in one of these bags, and it looks like the food has rotted through or covered with mold. Hence, you deter employee lunchroom “lunch thieves.”

Published on: May 21, 2012

The Los Angeles Medicare Fraud News: The Sad Case of a Temple University Dean’s Fraud Charge

by Michael Kraut

Most people really do not understand what is likely to be a defendant in a Los Angeles Medicare fraud case. While the general public has some sympathy for people who commit crimes like petty theft or white color crimes or even some certain kinds of insurance fraud, most people have a bad picture in their minds of medical fraud defendants. They picture them as brilliant cold blooded schemers who have no conscience.

If you or someone you care about has been charged with a fraud crime, you obviously know this Doctor Evil like caricature does not hold water. Even if you did engage in a complex, illegal and even immoral scheme, odds are that you did not plan to be in your current position when you chose to become a doctor, chiropractor, dentist, or other care giver. You went into this business to provide care – not to wind up prosecuted for fraud.

In that light, let’s consider the case of 62-year old Dr. Joseph Kubacki, a former Assistant Dean at Temple University School of Medicine, who was sentenced last week for his role in running a fraudulent Medicare billing scheme. Kubacki, who once served as the chair of Temple’s ophthalmology department, had been billing the government for medical services that residents provided – even when he was not around. All told, the penalty for the scheme clocked in at over $676,000. Kubacki had worked for Temple for nearly 30 years, when school investigators discovered what was going on and confronted him in 2007.

Published on: May 16, 2012

Massive Medicare Fraud Strike Force Arrest Over 100 in Los Angeles and Beyond

by Michael Kraut

107 people were apprehended for healthcare fraud in Los Angeles, Chicago, Tampa, Baton Rouge, Miami, Houston, and Detroit the week before last. Investigators allege that the defendants (in total) are responsible for around $450 million in illegal Medicare bills.

Wow.

As this blog and other sources have reported, the Obama administration has gone to great lengths to crack down on Medicare fraud in Southern California and beyond. Recent estimates suggest that around $20 billion of taxpayer funds have been recovered in various antifraud operations. This latest Medicare Fraud Strike Force action named a diverse roster of defendants, including therapists, social workers, physicians, ambulance businesses, healthcare companies, and pharmacists. Annual estimates of healthcare fraud in this country are mindboggling. Upwards of nearly $100 billion may be pilfered every year through various fraudulent enterprises and scams.

Published on: May 14, 2012

Los Angeles Not So Petty “Petty Theft”: “Don’t Do Me Like That,” Says Tom and His Heartbreakers

by Michael Kraut

Last Thursday marked the resolution of one of the most talked about stories of petty theft in Los Angeles this year. And by “petty theft” we don’t mean the stealing of an item that’s of trivial monetary value. We’re talking about the theft of legendary rocker Tom Petty’s property – specifically, five guitars that he and his band-mates have used over the years that, collectively, are valued at $100,000.

The rockers’ guitars were pilfered from a soundstage in Culver City. They included some of the most treasured instruments from the glory days of rock, including Tom’s own blonde 1967 maple 12-strong Rickenbacker. The band put out a reward for information that would lead to the return of the guitars – a whopping $7,500. Some lucky person presumably collected that.

In the “unlucky” category, we must file 51-year-old Daryl Emmette Washington. A security guard who worked at the lot where Petty’s guitars were stolen, Washington allegedly sold one of the guitars to a pawnshop in Hollywood for just $250. This “red flag” alerted police, who ultimately arrested Washington and collected the missing instruments. Tom Petty and the Heartbreakers had been rehearsing for a new tour – Tom was actually in Denver when news of the successful guitar recovery broke.

Published on: May 11, 2012

Los Angeles Sex Crime Arrest: Child Molestation Suspect to be Extradited to Idaho

by Michael Kraut

32-year-old Nathaniel Robert Howell was recently arrested in Los Angeles for sex crimes.

Howell had been wanted by the Idaho police on a felony warrant. He fled the state after being charged with five counts of sexually exploiting a child and lewd and lascivious conduct with a child. Police had tried to arrest him last December in North Idaho; he fled the manhunt through the woods in Coeur d’Alene. It’s unclear from news reports how the police identified and captured Howell in L.A., and his extradition date has not been set. But it’s pretty clear that he faces a seriously difficult legal road ahead.

If you or someone you care about has recently been arrested in Los Angeles on sex crime charges, you are probably feeling pretty isolated and scared. Although most people have a tendency to “prejudge” those who have been charged with criminal acts, sex criminals get wayyyyy more “prejudged” than the average defendant.

Published on: May 9, 2012

Understanding Your Own Southern California Medical Fraud Scheme

by Michael Kraut

If you are under investigation for Southern California medical fraud – or if you have already been arrested and charged – your big concern is: What comes next?

How can you construct an effective, ethically coherent defense to the charges against you? Will you be able to save your business or practice? Will you have to serve jail time? Will you lose your license ? Etc.

Before you can even get a handle on these questions, you need to understand your current reality. Yes, you have gotten in trouble with the law – or you are on the verge of getting in trouble. And perhaps you also recognize that you have engaged in practices or activities that are illegal or, at the very least, legally and ethically ambiguous. At the same time, however, you may not even recognize the full extent of what you have done wrong – or what the prosecutors will say that you have done wrong. For instance:

Published on: May 7, 2012

Returning to School (or Life) After a Los Angeles Petty Theft Charge

by Michael Kraut

You never thought it would shake you up so badly, but it has: your Los Angeles petty theft charge has totally “thrown you off your game” and created confusion, panic, and fear about your future. Your fears are not groundless! If you get convicted for two petty theft charges in Los Angeles, for instance, prosecutors can essentially upgrade your charge to a felony. And as you may or may not know, a felony conviction can lead to over a year behind bars. Convicted felons can also be stripped of vital basic rights, including the right to vote in elections. They can also face problems in the future getting housing, employment, credit, you name it.

But let’s put all that aside for a second. Let’s spend some time thinking about how your life may likely unfold in the days and weeks ahead.

On the one hand, you have got this petty theft charge constantly occupying your thoughts. On the other hand, life goes on. Assuming that you are not still incarcerated due to other charges, you may be back at school or your job, and dealing with family stuff, relationship stuff, and all the other errands and logistics that you had on your plate prior to the arrest.