Expungements

Published on: May 2, 2012

Reflections on the Riots – Los Angeles Petty Theft, L.A.’s Grand Disaster and Progress (ot Lack Thereof)

It’s been over two decades since the L.A. riots shook our fair city; and the Southland is still rife with everyday crimes, like Los Angeles petty theft. This town can be a dangerous place to live and work for reasons that transcend the bad air quality and insane traffic. Fortunately, we’ve managed to get through over 20-plus years without our city exploding again in paroxysms of racial violence. But what have we collectively learned since those dark days of the early 90s? And what lessons have we failed to learn? More importantly, how can we understand how the changing dynamics of our city might influence you or your family member, if you’re dealing with a charge like petty theft in Southern California, credit card fraud, or the like?

Let’s start with the big picture level. Historians often focus on the LA riots of the early 90s because they serve as spectacular examples of what happens when our civil society malfunctions. It’s easy to sort of look at the riots and contextualize them as an “LA problem.” After all, Los Angeles was and is a strangely gerrimandered entity, racially and culturally speaking. Also, the city has some pretty staggering income disparities. On top of that, it’s the second largest city in the United States, so “stuff” that happens here tends to inflate larger just by default. We have more traffic, we have more people, we have more crime than, for instance, Cheyenne, Wyoming.

Thus, while racial resentments seethed in many different cities and towns across the United States in early 90s, Los Angeles proved to be a flashpoint. Was LA’s structure partially to blame? Sure. That makes sense. Were the riots also part of a broader shift in our society – yet more “growing pains” as America continued to process its long legacy of slavery and racial segregation and discrimination? That also sounds very plausible.

Published on: March 12, 2012

Glendale DUI Lessons from the Tribulations of Oral Roberts University’s President, Richard Roberts

by Michael Kraut

Getting arrested for Glendale DUI often feels like getting a giant Scarlet Letter “A” tattooed across your chest. (In case you missed that reference, it comes from Nathaniel Hawthorne’s famous novel, The Scarlet Letter, in which a young adulteress in Puritan times is compelled to wear a letter “A” to brand her as a bad person and invite ostracism from her community.)

It’s easy to believe your own “bad press” after a Glendale DUI arrest or conviction.

But the reality is that far more people are far more vulnerable to DUI arrests than the general public recognizes. Take the case of 63 year old Oral Roberts University President, Richard Roberts. On January 24th, he got stopped for speeding and DUI in Oklahoma. An Oklahoma Highway Patrol trooper report said that Roberts tested at a BAC level of 0.10% (the legal limit for Glendale DUI is 0.08%) and failed to “execute the instructions” for roadside field sobriety tests. If you personally had to take Glendale DUI field sobriety tests, you know how difficult and scary these tests can be. You can fail FSTs even while stone cold sober!

Mr. Roberts also now must contend with charges of hypocrisy. His school compels every student to take a pledge to the effect of “I will not drink alcohol beverages of any kind.” And the punishments for DUI in Oklahoma surely mirror the punishments for DUI in Glendale – which can include prison time, license suspension, mandatory alcohol education classes, probation, fees, fines, and myriad indirect consequences, such as loss of respect and insurance rate spikes and logistical problems in your life.

Coming to terms with what you’re up against, legally and morally, is no small challenge. Whether you’re convinced you are “totally innocent” — or you believe that the charges are over inflated — or you accept that you did something wrong and you’re panicked about what’s going to come next — you need intelligent guidance to help you make strategic decisions.

A Los Angeles DUI attorney at the Kraut Criminal & DUI Lawyers can help you solve your problems. After all, your issues may extend far beyond the threat of a Glendale DUI conviction. Perhaps you have a recurring problem with alcohol or drugs or prescription medications, and you need help before you get stopped for another DUI in Glendale. Or maybe the DUI is just the tip of a larger iceberg. You need clarity, certainty, and appropriate guidance.

Fortunately, Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can help. As a former city prosecutor – he spent 14 years putting Glendale DUI defendants and other defendants behind bars – Mr. Kraut is known for his toughness, deep understanding of the prosecutorial approach in Los Angeles, and expertise in both theory and practice. Connect with this Harvard Law School educated Glendale DUI attorney today to get much needed help and guidance.

Published on: January 2, 2012

When Someone You Love and Care About Commits Los Angeles Medicare Fraud

by Michael Kraut

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.

Published on: December 5, 2011

Why Do We Have Such a Severe Los Angeles Medicare Fraud Problem?

by Michael Kraut

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

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

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

Published on: September 12, 2011

Hope after Beverly Hills DUI Arrest? Redemption is Possible – Just Ask the 49-ers’ Braylon Edwards

by Michael Kraut

Getting arrested for driving under the influence in Beverly Hills is zero fun.

Contrary to popular perceptions, drivers who violate California Vehicle Code Section 23152(a) or 23152(b) are often acutely remorseful, scared, and dismayed by their actions, even hours after an arrest. And while some DUI defendants certainly “fit the stereotype” many people have, the reality is that defendants are diverse and come from all over the community.

One common thread among Beverly Hills DUI defendants is fear.

Defendants worry about job security, family, the possibility of jail time, the possibility of a license suspension, the logistical inconvenience of having to attend weeks or months of alcohol school, the embarrassment of facing strict probation terms, and so on. And these punishments are very real possibilities, by the way, even if you committed a small, misdemeanor Beverly Hills DUI, and it was your first offense.

But certain choices you make now – after the fact, while you are more rational – can radically change the course of your life. Your decision to work with a reputable, creditable Harvard Law School educated Beverly Hills DUI criminal defense attorney, for instance, might lead to a better outcome than you currently believe is possible.

It is also helpful to look at public DUI news events to see how they play out. As a case in point, consider the San Francisco Forty-Niners’ Braylon Edwards. The wide receiver pled guilty to a DUI in July and got fined $50,000. Under ordinary circumstances, he might have been suspended from playing in the NFL, which could have derailed his career and led to a professional catastrophe. And sports analysts who examined similar cases involving Kenny Britt, Aqib Talib, and Terrelle Pryor, thought Edwards’ situation could have gone either way.

He could have been suspended, but he got lucky.

This goes to show that your case is not entirely within your control. Edwards could have done everything the same but been suspended and he wouldn’t have had any say in the matter.

The important takeaway here is that Beverly Hills DUI defendants need to figure out what they can control and what they can’t control. And then they need to focus on what they can control, such as their choice of attorney. Beverly Hills DUI attorney Michael Kraut, of the Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can put together a powerful and solid defense plan for you, irrespective of the circumstances and complexity of your legal challenges.

Published on: September 4, 2011

Southern California Medicare Fraud Crackdown: It’s Real and Becoming More Vigorous

by Michael Kraut

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:

Published on: August 15, 2011

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

by Michael Kraut

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 Criminal & DUI Lawyers (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.

Published on: June 13, 2011

Southern California Medicare Fraud Update: Armenian Mob “Vor” Kazarian gets Three-Year “Sweetheart Deal”

by Michael Kraut

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

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

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

Published on: May 30, 2011

Is Los Angeles Medicare Fraud Destroying the Economy and Ruining Our Children’s Future?

by Michael Kraut

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

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

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

Published on: April 11, 2011

Beverly Hills DUI Unfairness: Can a Low Carb Diet Ruin your Breathalyzer Readings?

by Michael Kraut

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

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

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

Or is it?

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

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

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

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

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