Los Angeles Warrants

Published on: October 13, 2010

Massive Los Angeles Health Care Fraud Arrest — Part of the Biggest Bust in US History

This morning, federal prosecutors launched a multistate series of raids, arresting 73 people in conjunction with what may turn out to be the largest medical care fraud scheme in history of the United States — including many arrests here for health care fraud and insurance fraud in Los Angeles and throughout the Southland for Los Angeles health care fraud.

Before we dive into this story–which will surely occupy media outlets for some time–let’s first review some examples of state insurance fraud and medical insurance fraud so you can understand Los Angeles white collar crime better:

* Chiropractor in Glendale bills an insurer for work he never did.
* Dentist in Pasadena orders completely unnecessary tests for a patient for the explicit purpose of pocketing insurance money.
* Family doctor in Beverly Hills works with associates to falsify medical records of patients to get extra money from an insurer.

Anyone who is in the pre-filing stage for Los Angeles medical insurance fraud can be at serious risk for massive fines, a prison sentence, and other serious penalties.

Now that you have some background in state insurance fraud law, let’s turn our attention to the details of this massive bust.

United States Attorney Preet Bharara revealed that a veritable army of Armenian gangsters allegedly bilked Medicare out of $163 million — a coordinated criminal effort that “put the traditional Mafia to shame.”

The scope of the alleged insurance fraud is breathtaking. Federal authorities initiated an investigation after thousands of Medicare patient and doctor records were reported stolen — these records included patients’ dates of birth and Social Security numbers. The medical billing fraud network (and associates) set up fake clinics in 25 states — 118 fake clinics, all told — to bill Medicare for providing (non-existent) services.

The FBI described these clinics as “completely notional” — that is, they didn’t actually exist. The doctor-patient interactions at these clinics were apparently a “mirage.” Prosecutors highlighted some examples:

* eye doctors supposedly billing for bladder tests
* delivery room doctors ordering up skin allergy tests
According to the US attorney, the Los Angeles health care fraud network had been operating under the guidance of Armen Kazarian, the Armenian equivalent of a Mafia godfather. Kazarian — as of this writing — is being held at a Los Angeles jail.

In addition to the Southern California medical billing fraud arrests, police have detained people in New York, Mexico, Georgia, and Ohio. Kazarian and the 72 others are scheduled to be arraigned this afternoon on these charges, which will include: identity theft, money laundering, racketeering conspiracy, and bank fraud.

Insurance fraud in Southern California is a serious crime — whether you’re a chiropractor, dentist, doctor, or other caregiver. If you’re in the pre-filing stages, you should be aware of the potential ramifications of conviction, which can include:

* the loss of your professional license
* a lengthy prison sentence
* serious court costs and fines
* mandatory restitution to insurance agencies
* loss of ability to provide Medicare or Medi-Cal services in the future
Doctor, dentist, and chiropractor insurance fraud in Los Angeles can be charged pursuant to a variety of laws, depending on what prosecutors allege you did. These laws include Insurance Code Section 1871.4, Penal Code Section 550, Penal Code Section 118, and Labor Code Section 3700.

What specifically constitutes Southern California health care fraud? Here are some examples:

* creating false medical records
* billing twice for chiropractic, dental, or other medical work
* ordering unnecessary medications
* billing Medicare or another program for work not provided
* requesting unnecessary tests for patients
If you are in the pre-filing stage of a federal or Southern California medical billing fraud case, it’s essential to discuss your situation with a credentialed Southern California health care fraud lawyer. Whether you’ve been hit with insurance fraud in Glendale or chiropractic fraud in Pasadena, you need to understand your rights and responsibilities under the law.

Published on: October 4, 2010

Highway Loss Data Institute Study on Texting-While-Driving Bans Indirectly Shows Flaws in Los Angeles DUI Policies

by Michael Kraut

An exclusive report issued last week by the Highway Loss Data Institute (HLDI) about the efficacy of bans on texting-while-driving may have powerful implications for Los Angeles DUI policy.

The HLDI study examined rates of accidents in Louisiana, Washington, Minnesota, and California both prior to and after the implementation of laws banning driving while texting. Although studies by places like Virginia Tech and the National Highway Traffic and Safety Administration have pretty convincingly shown that texting while driving radically increases the risk of accidents, the HLDI data counter-intuitively revealed that the laws banning texting while driving had no effect — or maybe even had a negative effect — on safety.

Ray LaHood, the US Secretary of Transportation, issued a scathing response to the study, pointing out that pilot programs in Hartford, Connecticut and Syracuse, New York both showed that driving while texting bans combined with active enforcement can work to get accident rates down.

An article in Discover Magazine, “Texting While Driving Bans Increase Crashes, Study Says; Rumpus Erupts,” tried to square the circle by suggesting that the pilot programs were fundamentally different from the across-the-board state bans. The article said: “the problem is that we are talking about apples and oranges… it’s not hard to imagine a small pilot program… achieving those reductions in texting while driving. Neither is it hard to imagine that across the country, where officers have many other simultaneous priorities… the effect [of the bans] could be mixed or negligible.”

So bringing this back to questions about Los Angeles DUI process and policy… one implication here is that policymakers need to be very careful — more careful than they usually are — to make sure that their policies yield intended results. Obviously, everyone wants to reduce incidences of driving under the influence in Burbank, Beverly Hills and elsewhere in the Southland. The question is: how do you do that? How do you respect the rights of both drivers who might be subject to risk as well as the rights of people accused of Burbank DUI?

This brouhaha over the efficacy of texting while driving bans suggests that we collectively need a more creative and data-driven approach to solving our freeway problems. So many different factors cause problems on the road, some of which we can control (such as whether we consume drugs or alcohol or not or whether we text in the phone or not) and some of which we can’t (such as the incredibly knotty Southern California traffic).

To bring this back to a practical discussion… if you or somebody you care about has been arrested for driving under the influence in Los Angeles, you need someone who understands Los Angeles DUI law on both a practical and a theoretical level.

Published on: September 6, 2010

What to Do After Being Arrested for Los Angeles DUI

by Michael Kraut

Many articles about Los Angeles DUI tell you how to avoid getting into dangerous driving situations, how to handle the police at the scene, and even how to draft an effective legal contest to your charges. But very few resources out there tell you what to do — how to handle the stress, agita, confusion, and overwhelm that you feel — in the hours and days after your arrest. This blog post aims to help defendants take smart, active and resourceful steps to help with damage control.

1. Record what happened
The human memory is notoriously fluid and malleable. Although you may feel like that your Glendale DUI arrest will forever being burned in your mind, your memory has a way of warping events. If you cannot clearly and articulately recall what happened, you may not be able to put up your stiffest defense. To that end, write down precisely what happened as soon as you get home and get cleaned up. If you remember any officer quotes – things that might be helpful in constructing a defense – be sure to note those. Note time lines. If you were given a breathalyzer or blood test, note how that went. Write down the names of officers who arrested you, and so on and so forth. The more information you can get out of your head and onto paper right now, the easier it will be for your Pasadena DUI lawyer to help you strategize your defense.

2. Don’t delay taking action
For one thing, your California driver’s license could be suspended if you don’t try to contest your charges. Also, if you miss court dates or other key deadlines, you could face penalties above and beyond those stemming from your Southern California DUI.

3. Find an attorney ASAP
True, you can handle your own defense. But if you fail to put up the stiffest resistance to the charges against you, the consequences could be dire. Not only could you face jail time – sometimes much more jail time than the minimum 48 hours behind bars – but you could also face heightened court costs, stricter probation terms, a lengthier license suspension, and more mandatory alcohol school.

4. Steel yourself.

In the weeks and months ahead, you may have to go through difficult times as you relive your arrest and explain to family and friends what’s going on. Do your best to get perspective on what happened, and count your blessings that you are still alive. It is possible to recover from a DUI arrest and rebuild your life, become a safer, more mindful driver. It is going to take work and soul searching to figure out how you got to where you are now – and how to make improvements in your life.

As part of your battle strategy, you almost certainly want to get the help of an experienced Los Angeles DUI lawyer.

Published on: August 23, 2010

Another Mel Gibson Los Angeles DUI? Not Quite, But Still – More Bad Press for the Braveheart Star

by Michael Kraut

Actor Mel Gibson’s 2006 Los Angeles DUI arrest may have been the most notorious celebrity DUI arrest in history. The Australian actor allegedly went off on an anti-Semitic rant at the Malibu police station when he was brought in, and this tirade fueled weeks of media coverage. On August 16, Gibson made headlines once again for getting into motor vehicle related trouble in Malibu – this time, he drove his Maserati Quattroporte off a hillside in Malibu and dinged up his car. The police called to the scene found that the actor was not DUI in Southern California this time.

Gibson may face allegations that he hit and abused his ex-girlfriend (and mother of his child) Oksana Grigorieva. A series of taped conversations between Grigorieva and Gibson released on the website RadarOnline.com revealed the actor to sound like a deranged lunatic, in which he apparently admitted to hitting his girlfriend, and he threatened to burn her house down (among other unsavory things). Clearly, in the wake of the release of these obscenity laced tapes and this fresh reminder of his 2006 Los Angeles DUI, Gibson is not exactly having a blockbuster summer.

But his story does lead us to an intriguing question: what happens to a driver who is pulled over multiple times for driving under the influence in Southern California? Obviously, your penalties likely go up. But what influences those penalties, and what should a second or third time Los Angeles DUI offender expect?

First of all, you have to remember that if you are pulled over for driving under the influence in Glendale (for instance) several times, the court will take a slate of factors under consideration, including how and whether you cooperated with the police, how much over the legal limit of 0.08% your BAC was, and whether you hurt anyone or did any property damage – and if you did, whether you took responsibility or fled the scene (hit and run). Beyond that, a typical second time Southern California DUI offender will get jail time of between 4 and 10 days (first timers will get a mandatory 48 hours in custody), 18 months minimum DUI alcohol school (first timers will get maybe six weeks), a two-year driver’s license suspension (first timers will get a one year suspension), and an increase in court costs and fines – among other heightened penalties.

A third time offender will get a mandatory minimum of 120 days custody – that’s around four months. He or she will face a three-year license suspension and see even more significant hikes in court costs and fines. And again, this is really just scratching the surface – the circumstances of your Pasadena DUI will almost certainly inform your punishment. Another important factor will be the nature and strength of your defense. And since you can’t really control the court – or what happened with your DUI arrest – your best strategy is to work with an experienced DUI lawyer to cultivate and execute your best possible legal defense.

Published on: June 21, 2010

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

by Michael Kraut

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.

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.

Published on: June 7, 2010

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

by Michael Kraut

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.

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.

Published on: May 31, 2010

Indictments and Guilty Pleas in Major Southern California Fraud Cases

by Michael Kraut

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.

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.

Published on: May 3, 2010

As if Celebrity Southern California DUI Arrests were Not Wild Enough… 3 Totally Bizarre DUI News Stories

by Michael Kraut

The epidemic of celebrity Southern California DUI stories has provoked a national discussion over policy and road safety. Just last week, for instance, as this blog reported, Corey Dillon — a former NFL runningback and a member of the 2004 Patriots (Super Bowl Champions) — was arrested for driving under the influence in Malibu. Stories like Dillon’s break all the time, unfortunately, sending the wrong message to impressionable drivers. These incidents sear into the collective memory. Who could forget the Nick Nolte DUI mugshot or the loaded comments Mel Gibson allegedly made after his DUI arrest? Truly outlandish DUIs happen to “everyday” people, as well. Here are three fascinating examples from the DUI news annals:

1. DUI Driver Injures Judge who Originally Sentenced Him for DUI
This story, from mid-April out of Maryland, is both ironic and tragic. A driver named Rene Fernandez careened into a car containing Judge Edwin Collier and his wife Ellen, causing severe injuries to both husband and wife. Fernandez had come before Judge Collier more than a decade ago on charges of DUI. Collier gave him a suspended sentence – let him go without jail time.

2. Women Arrested for Driving DUI on Train Tracks
This is a story from late February 2010 in Redding, Pennsylvania. A local 65-year-old woman named Bonnie Lehfeldt was driving after her dog who had gotten loose. Her Nissan Sedan got stuck on some train tracks. A local man managed to pull her from her car in the nick of time – right before a train plowed into the Nissan and pushed it for 200 feet. Had Lehfeldt been in the car when the collision occurred, she likely would have been killed or at least seriously injured. Police arrested her for DUI.

3. DUI while Piloting a Motorized Armchair
This story, from November of last year, involved a 61-year-old man who drove a motorized armchair out of a pub and into a parking lot while having a blood alcohol concentration of three times the legal limit.

Remember, even if you are not driving a car, truck, or motorcycle, you can still be pulled over for driving under the influence in Southern California!

California Vehicle Code Sections 23153(a) and 23153(b) govern what happens in cases of driving under the influence in Los Angeles with injury. Depending on the circumstances of the injury, the DUI driver can be hit with a felony charge (instead of a standard misdemeanor) and, as a result, can face much stricter penalties including the loss of the right to vote as well as higher fines and longer jail time.

Whether you have been pulled over for a “standard” Los Angeles DUI or a complicated injury DUI in Los Angeles, you likely need effective and compassionate help with your legal case.

Published on: April 26, 2010

More Bizarre than Even the Most Outlandish Celebrity Southern California DUI Charges — Lawnmower DUIs!

by Michael Kraut

Websites like RadarOnline, PopEater, and Perez Hilton’s blog constantly report on the latest celebrity Los Angeles DUI news. Over the past decade alone, we have seen some of our most beloved TV and movie stars — including Lindsay Lohan, Paris Hilton, Nick Nolte, Stephanie Pratt and, perhaps most famously, Mel Gibson — get arrested for DUI in Los Angeles (and elsewhere). But one DUI-related story that’s often not covered by the “mainstream” celebrity blog-press is the rash of lawnmower DUI arrests — a crime that appears to be becoming increasingly common, however bizarre it may seem to most readers.

Consider the following stories that have broken just in the past month alone.

1. On April 6th, a 47-year-old Lancaster, New York resident named Joseph Simme was arrested after driving under the influence on his lawnmower on Walden Avenue. He nearly hit several vehicles. Fortunately, police pulled him over and found that he had many prior DWI charges as well as a revoked license. Upon testing, it was revealed that he had a BAC of 0.14% (remember, the legal limit for Southern California DUI is 0.08%). He was charged with multiple felony counts.

2. Just six days later — on April 12th, a man named Martin McMurray of Blountville, Indiana was also busted for lawnmower DUI, after leading police on a low-speed chase for nearly half a mile (thus despite the fact that police loudspeakers were blaring and sirens were wailing). McMurray allegedly drove against traffic and nearly lost his balance after being pulled over.

3. Just two days after that, on April 14th, a 30-year-old man named Jimmy Graham Jr. was busted in Athens, Tennessee for DUI on a lawnmower. He allegedly stole some fishing poles from a local resident’s garage and then took off on his lawnmower. He is currently charged with theft and aggravated burglary as well as DUI.

Could a lawnmower DUI in Los Angeles be next?

Perhaps not. Remember, Los Angeles is an urban environment. All aforementioned arrests happened in the suburbs/rural areas. And fewer people ride lawnmowers here, so one might expect fewer lawnmower Los Angeles DUIs. Nevertheless, the prospect of a lawnmower Southern California DUI does loom large, particularly as spring blooms and we head into summer — when the bulk of lawn maintenance is done in Southern California.

Of course, as intriguing as lawnmower DUI might be to the casual reader, the charge of a Long Beach DUI is no laughing matter, neither for defendants, nor for the victims of any DUI accident.

If you or a loved one has been tagged for driving under the influence in Long Beach, you may need legal representation.

Published on: April 19, 2010

Completely Bizarre Southern California DUI Stories (and stories from elsewhere in the U.S.)

by Michael Kraut

Most Southern California DUI cases involve simple roadside stops or failures at sobriety checkpoints. These stops tend to be no-drama affairs — perhaps involving someone driving under the influence in Burbank with a BAC of 0.09% following a night out at a bar in the town center.

But every once in a while, truly bizarre DUI arrests occur. The website TruTV.com recently put up an amusing catalog of notoriously strange DUI arrests. These include:

o Afredo Martinez of Reno, who allowed his 7-year old son to get behind the wheel;
o Tina Williams, who continued to drink beer in front of the police while being questioned about driving DUI — all while a 16-month year old infant was in her car!
o Lynn Bailey, who got pulled over in Florida while wearing a shirt that read “I’m Not an Alcoholic. I’m a Drunk. Alcoholics go to meetings.”
o A Reno woman named April Westfall, who had been driving around with six feet of gas station hose sticking out of her tank when she got pulled over for suspicion of DUI.

Other bizarre stories of Southern California DUI (and DUI elsewhere in the US) include:
o A husband who pulled over his own wife for DUI;
o A father jacked up on cocaine who allowed a 10-year old boy to drive his vehicle — the 10-year-old crashed the car at over 100 miles per hour;
o A woman named Terri Comer, who passed out behind the wheel of her Toyota with a BAC of a mind-boggling 0.72% (9 times the legal limit for a Southern California DUI) — right next to a flashing road sign lit up with the words “don’t drink and drive.”

As amusing as these accounts of bizarre arrests may be, they demonstrate just how helpless many drivers are to control themselves and their behavior. When someone drives under the influence in Beverly Hills or Glendale, that person puts others at risk. What’s more, punishments for DUI with injury can be far more severe.

Consider that most DUI stops lead to charges under either California Vehicle Code Section 23152(a) or 23152(b) but that DUI injury is charged under two separate statutes, 23153(a) and 23153(b). These other statutes stipulate that standard misdemeanor DUI charges can be inflated to felony counts if a DUI driver hurts another person. The severe punishments could entail lengthy prison sentences, forced restitution to a victim (or a victim’s family), major court fines, loss of a right to vote, loss of a job, and so on.

That said, just because someone drives DUI in Glendale and gets into an injury accident doesn’t necessarily mean that he or she will be charged under 23153(a) or 23153(b). To make a case, prosecutors must show that the driver violated a traffic law or in some other way behaved with negligence — and that this behavior caused an accident, which in turn caused an injury. In other words, say you were DUI in Glendale and you hit another car, causing injury. If the other driver was solely responsible for the accident — for instance, if his vehicle suddenly swerved into your lane — you likely will not be hit with the tougher charges, although you likely will still face charges under 23152(a) and/or 23152(b).