Pre-Filing Investigations

Published on: May 16, 2012

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

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 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.

Published on: May 2, 2012

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

by Michael Kraut

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: April 30, 2012

Why Your Los Angeles Lewd Conduct Charges Are So Scary and Unnerving…

by Michael Kraut

You recently got arrested for lewd conduct in Southern California. Perhaps you were the hapless victim of a police sting operation at a men’s room. Perhaps you face a battery of charges, including other Los Angeles sex crime counts. In any event, you are almost certainly intimidated by your legal challenges – by all the “stuff” that’s gone wrong in your life recently. And you’d like some clarity.

What might you be able to expect? Will you go to jail? Will you, much like Hester Prynne in The Scarlet Letter, be condemned to ostracism for the rest of your life, thanks to the affixation of the “sex offender” label to your name? Will you ever be able to “live down” your charges or “get over” all the trauma associated with the events leading up to and after your arrest?

These are all key questions to think about. And Southern California can treat sex offenders harshly – particularly when they commit violent crimes and/or have a past criminal history (“priors”). A Los Angeles lewd conduct attorney at the Kraut Criminal & DUI Lawyers can provide a free consultation and help you understand and deal with your various legal difficulties. But the challenge of dealing with the anguish of your situation is going to remain for quite some time – and could even remain after you’ve served your punishment and/or exonerated yourself.

Published on: April 27, 2012

Will Your Los Angeles Medicare Fraud Charges Cost You $43 Million, Too?

by Michael Kraut

If you have been hit with a Los Angeles Medicare fraud charge, you are probably frightened about the penalties that potentially lie before you. But no matter what your outcome, you will almost certainly pay less than the bill just handed to Tenet Healthcare for overcharging Medicare – a whopping $42.8 million.

According to the Federal government, the nation’s second biggest for-profit hospital chain overbilled Medicare for a variety of services between 2005 and 2007. All told, 50 hospitals engaged in processes of moving patients from normal hospitals to pricier facilities after patients had undergone certain procedures. A Tenet spokesperson actually said that the chain was “proud of” providing extra care for patients who really probably didn’t need it.

Interesting.

Published on: April 25, 2012

Los Angeles Petty Theft — Literally! — Someone Stole Tom Petty’s Guitars!

by Michael Kraut

The vast majority of stories about Los Angeles petty theft have nothing to do with the famous singer and Rock and Roll Hall of Fame inductee, Tom Petty. But on April 12, someone allegedly stole five of Petty’s guitars! Technically, the crime is not considered Los Angeles petty theft. After all, the value of the five guitars no doubt way exceeds the $400 mark that caps the boundary between petty theft and more serious theft charges.

That being said, we have to at least acknowledge the wordplay.

The guitars stolen from the Culver Studios served as the heart and soul of Tom Petty and the Heartbreakers’ operation for years. They include:

Published on: April 23, 2012

Massive Lewd Conduct Arrest in Manhattan Beach – Los Angeles Lewd Conduct Law Firm Reports

by Michael Kraut

Eighteen men were arrested last week on Los Angeles lewd conduct charges, after officers cracked down on activity going on in a Manhattan Beach restroom.

Local lifeguards had noticed men entering the bathroom and remaining inside for a long amount of time. They alerted police that they suspected the public restroom might be a meeting place for sexual activity. According to a Daily News report, men sometimes stayed in the restroom for longer than an hour, and the same people would return often. Lifeguards also found graphic sexual images on restroom walls and holes drilled through stall partitions.

The Manhattan Beach Police Department conducted surveillance of the bathroom and began to make arrests. They also used the web to survey what was being said about the bathroom online. Six police officers went undercover, pretending to be men looking for sexual activity. The sting ultimately resulted in the arrests of 18 suspects, who were slapped a battery of charges including:

Published on: April 13, 2012

Life After Southern California Medicare Fraud – Start Planning Now

by Michael Kraut

If you are a physician who has recently been arrested for Los Angeles Medicare fraud due to double billing or overbilling — or as an accomplice to a larger and more sophisticated scheme that spanned several years — you’re probably terrified. How will the arrest (and potential conviction) impact your career, your freedom (jail time or not?), your finances, your relationships with the people closest to you, and your professional reputation (or what’s left of it)?

Odds are, in fact, that you are overwhelmingly focused on the potential negatives of the situation. In some ways, this makes sense. Now is a good time for reflection and sober strategic thinking, particularly if you did commit criminal activity. A Southern California Medicare or Medi-Cal fraud lawyer can help you devise and execute an intelligent response to the charges against you. And you should certainly introspect and analyze how you got into the situation in the first place. But you might also find it extremely resourceful to focus on potential positive outcomes.

The brain works in mysterious ways. Since the 1950s, neurologists have studied an activity center in the brain called the reticular activating system (RAS). This is a region of our brain that helps to manage and process attention and focus. Obviously, the neurology of the RAS is too complicated for this blog to address, but the takeaway is pretty profound. Science suggests that how and when and where we hold our focus can color not only our perceptions of our experiences but also our strategies for dealing with crises.