Pre-Filing Investigations

Published on: April 6, 2012

Lewd Conduct in Los Angeles – Understanding 647(a) Charges and How to Defend Yourself

If you’ve been arrested for lewd conduct in Los Angeles – either for engaging in an alleged act or soliciting someone else to engage in sexual conduct, you are probably pretty scared, confused, and fearful about the charges. There are two basic laws that cover lewd conduct: California Penal Code Section 314 and California Penal Code Section 647(a). Let’s take a look at these two laws.

314

This section of the CA Penal Code says that if someone knowingly exposes themselves in public to offend or annoy other people, he or she can be hit with a misdemeanor charge and face up to a full year behind bars.

Published on: March 26, 2012

Los Angeles Medicare Fraud: Coming to Terms with What You Have Done

by Michael Kraut

As someone who has recently been arrested for Los Angeles Medicare fraud (or insurance fraud, identity theft or another Southern California White Collar Crime), your life is in chaos right now. The arrest has terrified you, caused difficulties in your relationships, and perhaps even thrown your health out of whack. At some point within the next few weeks or months or years, you are going have to look in the mirror and try to come to terms with how you got into this position – being a Los Angeles white collar criminal defendant – and where you want to go from here with your life and your profession.

Looking objectively in the mirror is not easy for anyone in any circumstances. Introspection is a difficult skill, and it is a skill that we are generally not taught in school or elsewhere. Looking in the mirror objectively when we have committed something that society deems “wrong” or “awful” is even harder, especially if you have being living in a kind of self created delusion.

Also, most people simply don’t have empathy for defendants. They assume that the world is split into we versus them. “We” are the “good guys” who abide by the law and have a moral code. “Them” are the criminals who flout our society’s laws and have no moral code. As a defendant, you probably take a certain amount of umbrage to this stereotype – you have a strong moral code, despite the charges against you. Likely, you’ve justified your actions in some way. For instance, if you are a physician or a dentist who committed Medicare fraud, maybe you just got fed up with the crazy Medicaid reimbursement system – all the red tape and hassle. So you decided that “you were going to get yours” since the system had taken so much from you. Thus, you went down the not-so primrose path.

Published on: March 19, 2012

At Least Your Los Angeles Medicare Fraud Charges Aren’t As Bad As This Guy’s…

by Michael Kraut

If you, a spouse, or a close family member was recently arrested and charged with Medicare fraud in Los Angeles—or some other Southern California white-collar crime—you’re probably very frightened right now. You might fear the prospect of going to jail, losing your dental, medical, or chiropractic license, getting kicked out of a professional association, paying massive fines, and seeing your reputation and character besmirched. These are very legitimate concerns. Depending what you did or did not do, you can certainly suffer all those penalties—and more.

The federal government is getting extremely serious about cracking down on Medicare fraud. Three weeks ago, federal officials busted an alleged scam in Dallas, Texas. Observers are calling it the biggest case of Medicare fraud in US history. Allegedly, a 54-year old Dr. Jacques Roy masterminded a $375 million scam, by certifying Medicare reimbursement claims fraudulently and then keeping payments without providing services.

Prosecutors allege that Roy created a sophisticated “boiler room” to run his scam. He found homeless people to pose as patients and created thousands of fraudulent Medicare claims. Assistant Attorney General Lanny Breuer said that the Medicare Fraud Strike Force found that “Dr. Roy and his co-conspirators, for years, ran a well-oiled fraudulent enterprise . . . making millions by recruiting thousands of patients for unnecessary services and billing Medicare for those services.” During the six years of his scam, according to ABC News, “Dr. Roy . . . had more patients than any other medical practice in the United States.” The 13-count indictment is loaded with serious charges. If convicted, Dr. Roy faces life imprisonment.

Published on: March 5, 2012

Beverly Hills DUI 101: A Brilliant Example of How to Do Everything Wrong

by Michael Kraut

If you were recently stopped for driving under the influence in Beverly Hills – either at a checkpoint or on Santa Monica Boulevard or wherever – you probably feel pretty humiliated and frustrated. Perhaps you should be. But odds are that your stop was not nearly as embarrassing as what happened to 20-year old Bryan Gray of Aurora, Illinois last week. According to local Illinois police reports, Aurora pulled off a trifecta of bad driving behaviors. Surprise, surprise, these actions culminated in an injury accident. Police said that Gray had been doing the following dangerous acts – all in combination:

1. Speeding
2. Texting while driving
3. Driving under the influence of alcohol

To make matters worse, he drove early in the morning on Sunday – one of the more dangerous times to be out on the road. (so many drivers are coming back from bars and late night parties).

Anyway, guess what happened? While he texting his brother, Gray glanced up and noticed – way too late – that he was driving straight into a building. He couldn’t stop and instead slammed into a building on 3000 Weber Drive. Fortunately, Gray was not killed, nor was anyone else. But it’s easy to see how a situation like that could have led to a fatality or multiple serious injuries.

Illinois residents probably remember all too well the rather sickening story of police officer Matt Mitchell, who killed two teenage girls while travelling at over 100 miles per hour WHILE text messaging on his phone. Mitchell earned national headlines (and a lot of rage) when he turned around and sued the state for workers’ comp benefits for injuries he sustained in that crash (he was on duty at the time).

Your Los Angeles DUI attorney will need to go over every aspect of your case to determine what arguments prosecutors might make against you. Dangerous actions that you took – or safety precautions that you failed to take – can be used against you. For instance, had Gray not been speeding or driving under the influence, he still might have crashed into the building and hurt himself and other people. But because he allegedly engaged in all three dangerous activities at once, prosecutors have more “ammunition” against him.

To craft your most appropriate defense of the Beverly Hills DUI, you need to be very forthcoming with your Los Angeles DUI attorney – honest and open about what happened – and you have to anticipate and effectively counter argue the charges and evidence that the prosecution will throw against you.

Of course, understanding what the prosecution will do requires being able to put on a “prosecutor’s hat” and think like the other side will. Even experienced and adept attorneys who deal with cases like DUI in Beverly Hills are often unable to do this because they’ve never fought legal battles from the other side. Fortunately, you have an ally in attorney Michael Kraut. As the founder of the Kraut Criminal & DUI Lawyers in Beverly Hills (9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), Mr. Kraut actually served as a prosecutor for a long time – over 14 years. He uses this unique perspective and his insights into the prosecutor’s mindset to come up with efficient, compassionate, and successful strategies for his clients. Mr. Kraut is a Harvard Law School educated attorney, and he provides free and confidential case consultations.

Published on: February 13, 2012

Not a Los Angeles Medicare Fraud Verdict of $21 million, But It Easily Could Have Been…

by Michael Kraut

Last week, a man pleaded guilty to a $21 million fraud plot that reads like something out of the annals of Los Angeles Medicare fraud files. And the story did take place in “LA”—but Louisiana, LA, not Los Angeles, LA.

Still, the story is pregnant with lessons for people (and family members of people) who have been recently arrested and charged with crimes like Southern California insurance fraud, Los Angeles credit card fraud, and all other types of Los Angeles white-collar crime.

The accusations are, sadly, typical and mundane. According to the Associated Press, Rodney Taylor, a 45-year-old Louisiana man, recruited state companies to bill Medicare fraudulently for certain pieces of medical equipment. This scam, which persisted from 2004 to 2009, ultimately led to $21 million in fraudulent claims, according to prosecutors.

Published on: January 9, 2012

Breaking Long Beach DUI Field Sobriety Test News: Unlicensed Drivers Will No Longer Get Their Cars Towed at FSTs

by Michael Kraut

On January 1, Cedillo’s Law went into effect, which could reshape the landscape of Long Beach DUI field sobriety tests (and FSTs throughout the Southland). The law is designed to protect undocumented and unlicensed immigrants from being exploited by towing companies. It forbids authorities at FSTs for DUI in Long Beach and elsewhere from towing the car of a driver operating a vehicle without a license.

Advocates of the law are thrilled; they point out that towing truck operators exploited the old towing rule, particularly at intersections in East and South Los Angeles. A spokesman for the Southern California Immigration Coalition, Ron Gochez, told the Los Angeles Times: “They know which communities have a higher population of unlicensed drivers…we see it [the current towing paradigm] as a money making scheme off the backs of poor people.”

Cedillo’s Law was opposed by groups like the Los Angeles Police Protection League and by grieving fathers like Dan Rosenberg, who lost his young son in 2011, when an unlicensed driver crashed into him. Rosenberg told the Times: “I have a lot of sensitivity for people who are willing to risk their lives to come to this country illegally…but you can’t do that the expense of others.”

While we can debate the merits of Cedillo’s Law, the fact is that it is now law. Unfortunately, many drivers arrested for crimes like driving under the influence in Long Beach lack a complete understanding of their rights and obligations under laws like California Vehicle Code Section 23152(a) or 23152(b).

Fortunately, you need not struggle through the minutiae on your own. An experienced, thorough, and compassionate Long Beach DUI criminal defense attorney from the Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can be your ally and advocate as you navigate new challenges. Connect with the team here at Kraut Criminal & DUI Lawyers right now to understand potential options and make the most of your defense.

Published on: December 26, 2011

Metaphor for Learning Your Loved One Stopped for Pasadena DUI: Radiation Reported in Japanese Baby Formula

by Michael Kraut

No one ever expects the call.

When you find out that someone you love – a husband, wife, child, close friend – was pulled over for driving under the influence in Pasadena, your mind reels. What happened? Is he/she okay? Was anyone else hurt? What were the damage? Where are victims now? Questions like these flood your brain and overwhelm you.

In many ways, it takes just a simple announcement – a teensy bit of information – to radically change your perception of your long term relationship and of your life going forward.

Absent a dramatic metaphor, this discussion has been boilerplate. Of course, a Pasadena DUI charge will change your life and the life of everyone of your family. Of course, if you get convicted of violating California Vehicle Code Section 23152 (a) or 23152 (b) (or the injury DUI laws 23153(a) or 23153 (b)) life is going to be different and scary. You may face jail time, massive fines and other costs, insurance problems, driver’s license suspension, etc.

But those descriptions don’t really get at what it really feels like to be on the inside of a DUI defense situation.

Fortunately, we can turn to the Japanese for an appropriate metaphor.

Two weeks ago, a Tokyo-based infant formula company, Meiji company, issued a recall of 400,000 cans of formula because of fears that the baby food contained radioactive cesium. Officials are blaming the March 11 hurricane/tsunami that walloped Japan, which led to a multiple-core meltdown at a Japanese nuclear facility, which in turn may have indirectly contaminated the formula. Public health officials in Japan have been quick to reassure. But once the cat’s out of the bag, panic naturally sets in.

Likewise, once someone gets arrested for Pasadena DUI – irrespective of the circumstances – panic sets in.

What do you do? Who can you call? Why did it happen? How can it never happen again?

To make sense of all these questions, speak with an experienced, highly respected Pasadena DUI criminal defense attorney at the Kraut Criminal & DUI Lawyers (790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899). Attorney Kraut understands DUI law from both sides. For 14-plus years, he served as a prosecutor, during which time he prosecuted many Los Angeles DUI cases. Now, in his capacity as a criminal defense attorney, the Harvard Law School-educated Mr. Kraut works tirelessly to educate his clients and help them build the stiffest and most strategic defenses possible.

Published on: December 18, 2011

The Perfect Metaphor for Glendale DUI: MythBusters Show Rockets Cannonball Through Sleeping Couple’s House

by Michael Kraut

Practically no one intends to drive under the influence in Glendale. Misjudgments, carelessness, and other factors come into play and ultimately lead to dire circumstances. It’s typical for Glendale DUI defendants to have trouble explaining to other people precisely what went wrong and why.

After all, everyone knows the dangers of driving under the influence in Glendale — the serious penalties that you can face if you violate the law, not to mention the long-term costs that you will face financially, emotionally, and physically. Often what happens is not a thought out “breaking of the law,” but rather a momentary lapse of reason that has consequences well beyond the moment.

That’s all a little abstract. The explanation does not have the metaphorical punch needed to really communicate this feeling. Fortunately, the Discovery Channel’s MythBusters accidentally created the perfect metaphor to help give people perspective for what it feels like get busted for Glendale DUI. On December 7, the MythBusters team was experimenting with what happens to a cannon when it fires materials other than cannonballs.

Guess what? A massive accident happens!

According to the Times, the Discovery team fired a cannon at some trash cans, but the projectile went off course into a nearby home, where a couple was sleeping. Their bedroom was pierced by a 10-inch hole. According to the Times, “the cannonball was travelling as fast as a bullet. It exited the house, bounced across four lanes of traffic, struck the roof of another house and then smashed through the window of a parked minivan.” Fortunately – miraculously, perhaps – no one was injured. But the incident shows how small miscalibrations, accidental or even on purpose, can ricochet to massive, dangerous effects.

Likewise, when you miscalibrate how to drive in Glendale – drive too fast, drive while distracted, drive while DUI – the consequences can be metaphorically similar to the consequences of that misfired cannonball shot. Damages to life and limb can be the tragic consequence.

If you or someone you care about needs a Glendale DUI criminal defense attorney, trust Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Mr. Kraut is a Harvard Law School-educated former District Attorney (14-plus years in that office) who has close relationships with those in the legal community and a terrific track record helping defendants like you.

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: November 22, 2011

Every Parent’s Worst Glendale DUI Nightmare: What If You Kid’s School Bus Driver Had a BAC of 0.25%??

by Michael Kraut

Every driver in the valley is somewhat sensitized to the dangers of driving under the influence in Glendale, etc.

But if you are a parent, you’re probably especially aware of vulnerabilities that you and your kids face on freeways and even surface streets. That’s why so many people here in the Southland – especially parents – were alarmed by a story out last week out of New Jersey. According to USA Today, a 46-year-old bus driver, Carole Crockett was arrested last Monday afternoon, after she drove 25 children to Westhampton Middle School in NJ while intoxicated.

How “under the influence” exactly was Crockett?

According to newspaper reports, the bus driver blew a blood alcohol level of 0.25% – to put that in perspective, that’s more than three times the legal limit for Glendale DUI, as defined by California Vehicle Code Section 23152. (Indeed, the 0.08% threshold is the national standard, according to the Highway Safety Research and Communications organization.)

How, exactly, did this bus driver DUI situation transpire? Here’s a quote from the Washington Post’s blog: “children in a school bus in New Jersey called their parents to say the driver was swerving and falling asleep behind the wheel. The parents called the Westhampton Middle School, which alerted police. Officers found Carole Crockett at Holly Hills High School trying to pick up more students.”

These extra details create new cause for consternation.

Number one: why did the bus driver continue to try to pick up students, after she was falling asleep behind the wheel? That’s terrifying.

Number two: how could any parent have known and thus prepared against such a contingency? The answer is: not even the most prepared parent could.

Per the Post, 46-year-old Crockett “faces 25 counts of driving under the influence with a minor and child endangerment.”

Obviously, most people react in a shock horror to stories about Glendale DUI school bus accidents and the like. But the reality is, any time you drive under the influence of alcohol, drugs, or even prescription medications, you potentially put not only your own life but also the lives of others in serious danger.

For help understanding your rights and responsibilities, connect with an experienced Glendale DUI criminal defense attorney, such as Glendale’s Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123). Michael Kraut is a former city prosecutor with a wealth of experience, deep connections with the legal community, and a reputation not only for stellar performance but also for passionate and powerful service.