Los Angeles Warrants

Published on: October 18, 2011

Los Angeles Medicare Scam Alert! 14 People (Including Two Docs) Hit with Federal Charges

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].”

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: March 28, 2011

Pasadena DUI Technology Debate: Anti-DUI Cell Phone Apps Concern Police

by Michael Kraut

To cut down on driving under the influence in Pasadena and elsewhere in the Los Angeles County area, police officers often set up checkpoints to stop people suspected of DUI in Pasadena, DUI in Glendale, DUI in Burbank, and DUI in Los Angeles. Often, the drivers come upon these checkpoints by surprise. But some technologically adroit drivers are starting to outsmart checkpoints by leveraging the power of new cell phone apps, such as PhantomAlert, Cobra iRadar, Trapster, and Fuzz Alert.

The USA Today ran a major story on this phenomenon last week — “High tech apps help drivers evade police” — basically talking about how cell phone apps can help drivers pinpoint red light camera, speed traps, DUI checkpoints, traffic jams, school zones, and dangerous road areas.

Some police officers and first responders see these new apps as nothing but a negative. For instance, USA Today quoted a Montgomery County, Maryland Police Department Captain, Paul Starks, who said: “If people are going to use those, what other purpose are they going to use them for except to drink and drive… They are only thinking of one consequence and that’s being arrested. They are not thinking of ending the lives of other motorists, pedestrians, other passengers in their cars or themselves.”

While Captain Starks’ concerns may be somewhat valid – after all, one of the apps is called “Fuzz Alert” – the situation may be more nuanced. Indeed, the USA Today article quotes a retired firefighter and a Virginia Beach police officer saying positive things about these new apps. These officers indicate that, by helping increase driver awareness of potential obstacles and hazards, these apps can actually encourage safer driving. Newport News, Virginia firefighter, Dennis Ricketts, recently purchased PhantomAlert himself. He says the device has made him more keen to conditions on the road: “A lot of times when people drive, they’re not paying a lot of attention, especially if it’s the road you drive on repeatedly…with this, you’re a lot more aware of everything that’s going on and on things that might be coming up.”

Obviously, this blog post is not about to settle the debate. But it’s interesting to see that even police officers have mixed reviews about the applications. As with any policy measure, it’s important to run scientifically-controlled studies and look at hard data before rendering judgment. Of course, that’s easier said than done. As this blog has addressed before, it’s incredibly difficult to separate cause-and-effect when looking at driving data – so many factors come into play.

Beyond this technical debate, let’s talk a little bit about Pasadena DUI process. The first thing that happens is either you get pulled over at a checkpoint or stopped for a traffic violation. Next, a Los Angeles DUI investigation might commence, during which you will be asked to blow into a breathalyzer device and take field sobriety tests. If the officer has a reason to believe you are DUI, you will be arrested, likely pursuant to either California Vehicle Code Sections 23152 (a) or 23152 (b). Your next step will be to get an attorney to represent yourself – although you can represent yourself without a lawyer. Then you will have to go through the DMV hearings. Then you will arraigned. Next, you will go through the pretrial hearing and motions. In one out of every 25 cases, you will end up at a jury trial. And then you will have to deal with the results after trial.

A Los Angeles criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers (based out of Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can provide compassionate, experienced, trial-ready service to help you get best results and to get you back on track with your life. Mr. Kraut really knows his business: Not only did he serve for 14 years as a Senior Deputy DA for Los Angeles (during which time he prosecuted many DUI cases), but he also has racked up a superb jury trial record and has won the respect of colleagues, clients, and even the national news media.

Published on: March 14, 2011

Beverly Hills DUI Spectacle – Lindsay Lohan’s Court Saga Unfolds In Ever New Directions

by Michael Kraut

It’s no secret that Lindsay Lohan’s 2007 Los Angeles DUI arrest has been one of the most publicized celebrity DUI situations in history – probably because the 24-year-old actress continues to encounter legal problems, some of which clearly appear to be self generated.

Last week, a Los Angeles judge extended Lohan’s deadline to accept or reject a plea deal pursuant to felony grand theft charges. On March 25th, Lohan will decide whether to accept the plea or go in front of a different judge in late April to face a preliminary hearing about whether enough evidence exists to take her to trial for her theft of a $2,500 necklace from the Venice jewelry store, Kamofie & Company.

Since her 2007 arrest, hundreds of people have been arrested for driving under the influence in Los Angeles, DUI in Pasadena, Burbank DUI, Glendale DUI, and DUI throughout the Southland. But Lohan’s case has probably garnered more media ink (both printed and virtual) than most or even all of these other DUI events combined.

Why is that?

One reason might be the escalating nature of Lohan’s legal troubles. In 2010, for instance, Lohan allegedly attacked a worker at the Betty Ford Rehab Clinic, tested positive for drugs and endured a second prison stint for violating her 2007 Los Angeles DUI probation, allegedly lost her passport, and got ordered to wear an alcohol monitoring bracelet and attend additional alcohol education classes. Lohan also lost out on a high profile job – she was slated to star in a biopic of Linda Lovelace (an ex porn star) but got cut and replaced by Watchmen co-star Malin Akerman – possibly because the director did not want to attract negative media attention to the film.

Also, in April last year, police questioned Lohan regarding a theft of a $35,000 Rolex watch.

Lohan’s repeated criminal behavior is known technically as “recidivism.” Studies suggest that people who break the law once will be far more likely to do so again, and the legal system builds in escalating punitive possibilities for repeat offenders.

For instance, consider how Beverly Hill DUI penalties go up as you get convicted for multiple crimes. During a first misdemeanor conviction, you will get 48 hours in custody with a maximum of six months behind bars. You may have a minimum of six weeks in alcohol school, a one-year license suspension, a $1,000 fine, tough probation terms, and court costs to pay. These are obviously not consequences to easily dismiss.

But what should happen if you get a second misdemeanor conviction within 10-years? Suddenly, your mandatory jail time hops up to 10 days behind bars, you can have a minimum of a year and a half of alcohol school, a two-year drivers license suspension (instead of a one-year), much stricter probation terms, and hiked up court costs and fees.

Third and fourth time Beverly Hills DUI offenders can suffer even more consequences – including the bumping up of what would ordinarily be a misdemeanor to a felony charge.

A Los Angeles criminal defense attorney, such as Michael Kraut of Beverly Hills Kraut Criminal & DUI Lawyers (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can work with you and your family to ensure that you understand your rights and responsibilities under the law.

Mr. Kraut – who has spent a decade and a half of his life as a prosecutor for Los Angeles, during which time he worked assiduously to put defendants behind bars – leverages his former connections from his days as a prosecutor as well as his Harvard Law School education to deliver exceptional results for his clients. His results really do speak for themselves – a 99% success rate at jury trials, great reviews from past clients, admiration from prosecutors and judges, and invitations from major media, like The New York Times, and KTLA Los Angeles, to comment on DUI news of the day.

Published on: November 30, 2010

Southern California Medicare Fraud Alert: Florida Couple Pays More Than $22 Million to Resolve Fraud Allegations

by Michael Kraut

A 70-year old cardiologist, Dr. Walter Janke, and his wife, Lalita Janke, have agreed to pay $22.6 million to resolve Medicare fraud allegations – a stunning move that has analysts who follow events in the world of Los Angeles Medicare fraud talking.

The Jankes had owned two large organizations – Medicare Advantage and America’s Health Choice Medical Plans – and allegedly overstated patient diagnoses to garner extra money from the federal government. Lawyers for the U.S. in District Court argued that Jankes’ acts violated the False Claims Act. The U.S. has frozen $20 million of the Jankes’ assets. The settlement will be paid out of those assets as well as out of their personal funds.

The Centers for Medicaid and Medicare Services (CMS) has been engaged in a long and heated battle with the Jankes, according to an article in South Florida Business Journal. The cardiologist’s attorney lamented the situation: ”there has been a long history of clear animosity directed at the Janke’s from CMS.” The attorney argued that the Medicare audit done to determine the settlement amount was unfair – essentially, by extrapolating based on a fraction of a percentage of patient cases, CMS might have erred by as much as 30%.

Published on: November 23, 2010

Los Angeles DUI Bloggers Intrigued by Two Minor Celebrity Arrests

by Michael Kraut

Last week, Southern California DUI bloggers took a look at two breaking minor celebrity arrests out of Florida. Although a vast majority of DUI in Pasadena, DUI in Burbank, DUI in Glendale, and DUI in Los Angeles cases involve “non-celebrities,” DUI bloggers nonetheless spend the lion’s share of their attention on the plights of the popular. Last week, that meant probing the arrests of a professional wrestler’s sidekick and a failed mayoral candidate.

The website TMZ.com reported on Thursday that Kevin Kiley — a.k.a “Alex Riley” — had been arrested in Tampa after driving under the influence. Riley is a star of the World Wrestling Circuit – he serves as a sidekick to another wrestler named The Miz. The 29-year old Riley was released after posting a $500 bond.

Meanwhile, in Fort Myers, Florida, a former mayoral candidate, the 27-year old Gena Persons, flipped her car over a parking barrier near the intersection of Shoemaker and Palm Beach, while driving nearly 65 miles per hour. Officers who responded to the rollover tested Persons for DUI and gave her a breathalyzer test. She blew a 0.191% and 0.187% – both significantly over both Florida and California’s legal limit of 0.08%.

Now, when most people read stories of celebrities (or non-celebrities) like Persons blowing breathalyzer results of 0.191% or so, they quickly “convict in their minds.” But this rush to judgment is often unfounded. Indeed, breathalyzer results are far less accurate than popular culture makes them to be. Many factors can throw off breathalyzer test results – way off. These include but are not limited to:

• Whether you are a diabetic (diabetics produce chemicals on their breath that can skew breathalyzer tests towards “false positives”)
• Whether you are a man or a woman – men and women process alcohol at very different rates
• How deeply you blow into the machine – the deeper you blow, the higher your BAC level will read
• Issues with the test itself – poor calibration, administration, and record keeping on the part of police can lead people to get arrested/convicted for DUI unfairly
So what should you do if you or someone close to you has been recently arrested for driving under the influence in Southern California? Can you fight the breathalyzer test results? Should you? What if the blood tests show that you were DUI?

To get these and other crucial questions answered, you should almost certainly retain an experienced Los Angeles DUI attorney, like Los Angeles Criminal Defense Attorney Michael Kraut.

Published on: November 8, 2010

Southern California DUI Pileup Leads to One Death and Multiple Injuries

by Michael Kraut

A tragic Southern California DUI crash in Santa Barbara has resulted in the death of 73-year old Liesel Ryden as well as injuries to several other people. Local prosecutors are accusing a 54-year old local businesswoman, Priscilla Susman, of causing the complicated, multi-car accident on Highway 154 near Cold Spring Bridge.

If you’ve been recently arrested for DUI in Burbank, DUI in Pasadena, Los Angeles DUI, or Glendale DUI – whether you got involved in a big multi-car pileup or simply blew 0.08% or above on a breathalyzer test at a checkpoint – the story of the allegations against Susman may be quite instructive.

According to news reports, the restaurateur, who owns and runs the Paradise Store and Grill, lost control of her sport utility vehicle on September 15th at around 8:20 in the evening. She swung into oncoming traffic, precipitating a series of accidents involving vehicles travelling westbound. All told, four different vehicles got entangled. One woman (the aforementioned 73-year old Liesel Ryden) died. Three people, including Susman, suffered serious injuries. Prosecutors plan to arraign Susman on November 29th on an array of charges, including vehicular manslaughter while under the influence of alcohol, two DUI counts, and a special allegation of causing serious bodily injury to multiple people.

Let’s take a break here and review California’s vehicular manslaughter law — a law that both Susman’s prosecutors and her defense attorneys will likely be scrutinizing in the upcoming weeks and months. California law makes numerous subtle distinctions in vehicular death cases that could have profound implications for any sentencing. For instance, if you caused someone’s death while driving with “gross negligence” while DUI, your penalties could be substantially elevated over what they would be for a standard vehicular manslaughter.

If you have been arrested and convicted of Los Angeles DUI in the past, prosecutors may even try to hit you with a charge of DUI murder – which is even more serious and could result in 15 years to life in jail.

To craft an effective defense against charges, you likely need a Southern California DUI attorney to review toxicology reports, police work, and other evidence from the scene of the accident and/or arrest. Without an aggressive counter response to prosecutorial charges, you could face major repercussions – such as longer than necessary jail sentences, high fines and court costs, and a variety of inconveniences, such as long-term loss of your driver’s license and mandatory installation of an interlock ignition device.

Published on: October 25, 2010

Southern California DUI Statistics Highlight Serious Problem in the Southland

by Michael Kraut

A few weeks ago, Insurance.com released its list of the 20 Top DUI Cities in the United States. If you have been arrested for Los Angeles DUI, Burbank DUI, Glendale DUI, or Pasadena DUI, you have a lot of company. The Insurance.com survey found that LA ranked as the seventh biggest city for DUI offenders. Three other California cities also made the Top 10: San Francisco, San Jose, and San Diego.

An on-site analysis at Insurance.com discussed why certain cities rank higher than others. The survey suggested three reasons:

1. Some people drink and party more in certain cities.
2. Cities with weaker public transportation systems have more DUI offenders because bar hoppers and partiers can’t avail themselves of subways and buses as easily to get home.
3. The strictness of enforcement can play a role. For instance, both San Diego and San Jose (the #1 and #2 cities in the survey) boast extremely robust and well-funded programs to stop Southern California DUI behavior.

The Insurance Institute for Highway Safety has found that cities with concentrations of young people – particularly at colleges – witness higher than average numbers of DUI arrests. The potency of enforcement surely also must play a huge role in these statistics. A San Jose PD officer spoke to that point: “We do have a high incidence of DUIs… that’s not to say that smaller departments don’t have it, but I don’t think they have the resources to detect it.”

Insurance.com used data from auto insurance applications to arrive at its figures.

If you have been hit with a charge of driving under the influence in Pasadena or elsewhere in the Southland, you might be wondering what specifically constitutes a violation of the law. If you are arrested for a “standard” DUI – an incident not complicated by injury or other charges – you will likely face a charge of violation of California Vehicle Code Section 23152(a) or 23152(b).

23152(a) says that, if a California officer stops you while you are driving an auto or other motor vehicle while under the influence of alcohol or drugs, you may face criminal charges that could lead to sentences like license suspension, jail time, serious fines, points on your DMV record, and strict probation terms.

23152(b) alternatively defines the crime of Southern California DUI as driving with a BAC level (blood alcohol concentration) of 0.08% or more. If your BAC level is positive for DUI, you can face the same punishments stipulated in 23152(a).

To respond effectively to charges, you may wish to consult an attorney experienced with Southern California DUI law.

Published on: October 18, 2010

Southern California Medical Fraud Experts Flabbergasted by Allegations against Fugitive Doctor

by Michael Kraut

Last week, a fugitive former doctor — Steven G. Moos — pled “not guilty” to a battery of charges, including government medical fraud. His bizarre circumstances have Los Angeles medical fraud experts talking. Particularly in light of last week’s massive bust of an alleged Armenian gang-centered Medicare fraud ring — which sprawled across 25 states — Moos’ saga hints at a potentially deeper and more systemic problem within the medical community.

The long and weird allegations against Steven G. Moos
Over a decade ago, the then Dr. Moos got in trouble with the Oregon Board of Medical Examiners for prescribing hair loss drugs and Viagra to web customers anonymously. A few years, later authorities in Washington County, Oregon got a warrant to search Moos’ home on Bull Mountain and found illegal drugs and cocaine. He was charged with endangering child welfare and possessing controlled substances.

In early 2003, the OR State’s Medical Board suspended his license to practice medicine. In 2004, federal prosecutors charged Moos with trying to import controlled substances (in this case, growth hormone) from China. In 2004, Moos was indicted by Federal Grand Jury for a variety of charges, and Oregon State’s Attorney General won a judgment against him, which included a $400,000 civil penalty and mandatory reimbursement for customers he had scammed with a cream that he sold to enhance vaginal stimulation.

After getting hit with all these charges, Moos fled the country to the United Arab Emirates. In the UAE, he allegedly impersonated a respectable US physician (Dr. Steven Hopping) and performed surgery on people in his kitchen table. In some cases, he injured these patients so badly that they were left with deformities. Finally, the 41-year-old got caught at Dallas International Airport after flying home from the UAE.

Charges of California insurance fraud, Los Angeles medical fraud, or any other kind of Los Angeles white collar crime can lead to a vast and frightening array of penalties, including jail time, suspension of your license to practice, massive fines and court costs, damage to your reputation, mandatory restitution to people (or institutions) you’ve harmed financially, and more.

If you’ve been charged with a Southern California white collar crime (such as insurance fraud in Los Angeles or elsewhere in the Southland), your choice of representation can make an enormous difference.