Pre-Filing Investigations

Published on: October 20, 2013

Can a Senior Citizen Army Stop the Onslaught of Medicare Fraud in Beverly Hills (and Beyond)?

Whether you’re a doctor, chiropractor or dentist accused of Medicare or insurance fraud in Beverly Hills – or a concerned citizen who’s tired of the system’s wastes and unfairness – check this out!

The federal government loses approximately $60 billion a year, due to waste and fraud in the Medicare system. The Affordable Care Act — a.k.a. “Obamacare” — aims to tackle some of this fraud by turning beneficiaries into “fraud fighters.” Approximately 50 million people use the health insurance program to pay bills, buy medicines and deal with their health issues.

Unfortunately, many beneficiaries are sick, undereducated, or otherwise “mentally foggy” – they may be unable to recognize or report fraud or waste.

To empower these seniors, Medicare will provide larger, easier to read Medicare summary notices as well as easy ways to report any suspicious activity – such as the 1-800 Medicare Hotline and the website stopmedicarefraud.gov.

Authorities recommend that seniors pay close attention, if they spot unfamiliar provider names or get billed for office visits that they didn’t go to.

When a Medicare beneficiary discovers a problem, he or she should call the healthcare provider, who should then report it to Medicare, if the discrepancy can’t be explained. This simple system has helped the government recover nearly $15 billion in the past few years. The Senior Medicare Patrol — a volunteer group of around 5,000 people — helps seniors understand their benefits and avoid fraud.

Unfortunately, well meaning providers can easily get caught up in this dragnet and wind up facing devastating charges, like Beverly Hills Medicare fraud or Beverly Hills insurance fraud. These can lead to criminal penalties as well as to license suspension. As a national program manager for Senior Medicare Patrol, Rebecca Kinney, put it: “Most [cases] are mistakes or misunderstandings. Very rarely do we come across something that looks like fraud.”

If you stand falsely accused of Southern California Medicare fraud – or if you did do something wrong, and you’re not sure what to do next — trust the experienced, compassionate, and results-driven team here at the Kraut Criminal & DUI Lawyers to provide insight and advice. Call attorney Kraut today to schedule a free consultation and begin the process of clearing your name.

Published on: October 13, 2013

Los Angeles Drug Crime Operation, Smokin’ Aces, Leads to 129 Indictments of Alleged Mexican Mafia Members

by Michael Kraut

Major breaking Los Angeles drug crime news…

A law enforcement crack down, code named “Operation Smokin’ Aces,” has led to the indictment of 129 people linked to the Mexican mafia. These alleged gang members have been charged with drug and weapon charges, conspiracy, racketeering, murder, and extortion – just to name a few crimes.

According to an AP report about the bust: “The Mexican Mafia sought and received payments from gangs in Orange County in exchange for freely committing crimes in primarily Latino neighborhoods… those who refused were put on lists that often resulted in violent retribution.”

Los Angeles is renowned (in a bad way) for its major gang activity.

Over 45 gangs are active in the city, and many of these gangs have been around for decades. Police estimate that they have over 45,000 members. This decade alone, there have been 16,398 verified violent gang crimes in L.A., including nearly 500 murders, over 7,000 felony assaults, nearly 100 rapes, and over 5,500 robberies.

People who stand accused of drug crimes in Southern California face a series of challenging tasks. If you or loved one has been involved with a gang, you might be afraid of reprisals, both inside and outside of jail. At the same time, you also want to minimize your punishments and maximum your chances of rehabilitating your life, getting clean, and contributing positively to society. In that context, how can you construct an ethical, impassioned, and effective defense, especially if you’re fearful both for your life and safety?

To understand your options, get in touch with the experienced, aggressive, and successful Los Angeles drug crime attorneys at the Kraut Criminal & DUI Lawyers. Mr. Kraut and his team handle sensitive, complex matters, and they can help you meet your complex legal challenges.

Published on: October 8, 2013

Pasadena Lewd Conduct News: Charge for Lutheran Peeping Tom

by Michael Kraut

A 39-year-old man from Thousand Oaks stands accused of Southern California lewd conduct.

Authorities arrested David Tenenbaum for peeping at California Lutheran University’s women’s locker room, following a three-month investigation by the Ventura County Sheriff’s Department. The investigation began in May, when local police got a phone call saying that a man had been spotted in the Gilbert Sports Arena’s women’s locker room.

Two women swimmers saw the man in the shower. They asked him why he was there. According to detective Marty Luna, “He just kept apologizing as he was staring at them” but didn’t leave. After the women left, the man allegedly peeped through a cracked and open door.

A few weeks later, other women found him “committing lewd acts” in the shower.

When authorities responded to these women’s calls for help, they found the female locker empty… and they found Tenenbaum in the men’s locker room. As they quizzed him about the incident, the two women from the first incident saw him and recognized him as the peeping Tom from May. Tenenbaum fled before the authorities arrived. After three months of news alerts and surveillance, a public tip led police to Tenenbaum.

Getting arrested for lewd conduct in Pasadena can be a devastating experience, and the consequences can be painful both in the short-term and over the long-term. In the near-term, you may face fines and fees, a humiliating court experience, jail time, and additional punishments, particularly if you committed lewd conduct in conjunction with other Pasadena crimes, like burglary, theft, or violating your parole.

Over the longer term, you need to worry about the sex offender label, which can be affixed to your identity for years – if not for a lifetime. Once you’re labeled as sex offender, you’ll likely find it challenging to develop normal relationships, find work that you love, serve your community, and shake off the residue of your unfortunate incident.

To that end — to avoid both the short-term pain and the long-term pain — consider connecting today with a Pasadena lewd conduct defense lawyer with the Kraut Criminal & DUI Lawyers. Mr. Kraut prosecuted Los Angeles sex crime offenders for years, in capacity of District Attorney for LA, before becoming a criminal defense attorney. He understands how prosecutors think, and he can use his knowledge and relationships to help you build your defense.

Published on: October 3, 2013

Glendale DUI News Alert: Echoes of Rodney King Beating in Videotaped Police Brutality against Woman Busted for DUI in Tallahassee

by Michael Kraut

Getting arrested for DUI in Glendale (or anywhere else) can be an emotionally and physically taxing process.

Sometimes, drivers become aggressive, defensive, petulant and even downright dangerous. We’ve covered more than one story on this blog, involving drivers who’ve committed hit and runs and police officer assaults during and after DUI stops.

But sometimes the police make mistakes, too – sometimes huge and awful ones.

Consider the story of 44-year-old Christina West, who was arrested in Tallahassee on August 10 for DUI. Allegedly, West drove her car off the road into a house in the town of Killearn. Six police officers showed up to deal with her – a 5”6’, 130-pound woman.

And then things really got out of control.

Graphic video footage of the arrest shows officers slamming the woman’s head into a police car and then smashing it into the pavement. Her screams of pain can be heard in the video. Pictures taken later show her with a broken face bone, a hugely swollen eye, cuts all over her arms and legs, and a bloody nose – injuries she sustained due to the police beating, not due to the car crash.

Officers at the scene contended that she had been resisting arrest, but the video footage seems to clearly show that the officers used excessive force in taking her down. State attorney Willie Meggs expressed his shock and disgust. He told the Tallahassee Democratic Court “I’m extremely upset … it is a very disturbing situation to me, and I am dealing with it.”

Scott Maddox, the City Commissioner, responded via email to Meggs, regarding the video, and wrote: “The video taken from the police car shows the roadside sobriety test as well as the arrest of the subject … it also shows DISTURBING use of force against a completely nonaggressive arrestee. It is my belief that the City of Tallahassee will soon face a liability lawsuit based on the content of the video.”

In the probable cause statement, the arresting officers did not mention smashing the woman’s face on the hood of the car or on the pavement, but the video clearly shows these aggressive and brutal tactics.

Prosecutors have already dropped battery charges against West, although the charge of DUI is still open. It’s not clear how or whether West will respond legally to the beating. The whole affair is certainly sordid and scary.

Most police officers who stop people at Glendale DUI checkpoints or arrest people on freeways like the 101 and 134 for DUI are respectful, law-abiding, well-intentioned people.

But not always!

And even the best-intentioned police officers can make mistakes, such as mis-calibrating breath tests or mis-interpreting Glendale field sobriety tests.

Fortunately, a Glendale DUI defense attorney with the Kraut Criminal & DUI Lawyers can provide insight into your case and help you strategize effectively to shield your rights and obtain a fair outcome.

Published on: September 18, 2013

Long Beach Drug Crime Arrest – Two Men Jailed for Heroin and Meth, Three Other Search Warrants Filed

by Michael Kraut

CBS Los Angeles is reporting that two men were recently jailed for Long Beach drug crimes, following an investigation by local police.

Law enforcement officers tracking heroin trafficking got intel that led them to Bell Gardens — specifically, to the 7500 block of Jaboneria Road. The tipoff ultimately led to them to confiscate nine firearms, 12 pounds of drugs, and nearly $120,000 in cash.

Police arrested a Bell Gardens resident, 21-year-old Oscar Salmoran, after they served a warrant. They also confiscated 2.5 pounds of crystal meth and 3.5 pounds of heroin. Salmoran was booked and held without bail at Long Beach City jail.

This Long Beach drug crime bust led police officers take on additional targets the next day. After filing search warrants, police found six more pounds of heroin and $46,000 in cash at the 5300 block of Aldama Street. They also arrested 56-year-old Domingo Payan, who was held on $100,000 bail and booked for possession of narcotics with the intent to sell. Long Beach police also visited two homes on Montecito Street (2700 block) and collected nine more guns and $72,000 in cash.

Whether these seizures – and the intel that investigators collected – will lead to further search warrants, arrests, and raids is unknown. However, this kind of police finesse is not uncommon.

Drug users, purchasers, sellers, and suppliers relate to one another in a complex network, not unlike a computer network or even a Facebook or Twitter network. Even if you never intended to get tangled up with other drug groups or criminal networks, social connections that bind you to other criminals (or alleged criminals) can get you into more trouble than you bargained for.

For instance, let’s say you did business with a drug supplier who, in his line of work, committed a violent crime, like robbery, assault, or homicide. Depending on your relationship with that person — and the nature of the wrongdoing — you could face criminal charges, even if you had no knowledge of the criminal acts and didn’t directly help.

The interconnectivity among Long Beach drug crime defendants also makes it easier for police officers and investigators to “piece together” what you’ve done and whom you’ve done it with. It also increases the odds that you’ll be stuck with a very severe sentence, related to drug conspiracy charges and violent crimes, even if you never intended to “get in that deep.”

What to do regarding your Los Angeles crime charges?

Former prosecutor turned Los Angeles criminal defense attorney, Michael Kraut, can help you understand what potential punishments you might face and what you can do to defend yourself against the worst charges. Mr. Kraut built a reputation as a very aggressive prosecutor – racking up a 99%-plus success rate at jury trials. He now serves as a legal expert for KTLA News, ABC News, and other respected media organizations.

Published on: September 13, 2013

Pasadena DUI Viral Hit: 22-year-old Admits to Fatal Hit and Run on YouTube: Video Racks Up Over a Million Hits

by Michael Kraut

Pasadena DUI events are inherently dramatic – even more so when they involve serious injury or death.

Unfortunately, even raw, deeply disturbing cases don’t always get the kind of coverage they probably should. Perhaps we’re just numb to stories about DUI in Pasadena and elsewhere. Perhaps we’re just overwhelmed by our lives — we’re preoccupied.

Every once in a while, however, some event comes out and punches us on the gut and reminds us of the dangers of DUI and of the emotional toll these events can take.

22-year-old Matthew Cordle did just that, when he posted a video on YouTube taking responsibility for a hit and run DUI. The crash killed 61-year-old Vincent Canzani, who died in a wrong-way collision on Interstate 670 near Columbus, Ohio. Cordle posted his confession to the site “Because I Said I Would” and took full responsibility for the fatal wreck. He said “my name is Matthew Cordle, and on June 22, 2013, I hit and killed Vincent Canzani… I will take full responsibility for everything I have done to Vincent and his family… the reason [for my confession] is so that I can pass that message onto you. I’m begging you, please don’t drink and drive.”

Matthew’s mother, Kari Cordle, posted support of her son’s video on her Facebook page: “I’m posting this video to support my son in his goal to get out his sincere and powerful message to never drink and drive … I’m proud of his courage and strength to see this through. Thank you, son.” Prosecutors say that he had a BAC of 0.19% – nearly 2.5 times the legal limit for Pasadena DUI.

Cynics speculated about Cordle’s “angle” – was he trying to use the sympathy generated by the video to obtain a more lenient sentence? Was he making a play to “judge shop” to get a judge who might give him a more lenient sentence?

But most viewers had a very positive, sympathetic reaction to the post. In fact, even Cheryl Olcott, the ex-wife of the man killed in the DUI, was appreciative. “[Cordle] said ‘I made a huge mistake and I’m going take what’s coming to me’… you got to respect him for that … it’s gut-wrenching coming from a mother looking at the young boy, and he just doesn’t understand the damage that he did.”

Cordle even said on the video that he was “handing the prosecution everything they need to put me away for a very long time.”

If convicted of aggravated vehicular homicide and driving under the influence, the 22-year-old could face nearly nine years behind bars, according to local prosecutors.

If You Seriously Hurt Or Killed Someone While DUI in Pasadena

California law understandably punishes Pasadena DUI drivers more when they hurt or kill other people.

In fact, typical DUIs are prosecuted as misdemeanors under California Vehicle Code Section 23152. But so-called “injury DUIs” in Southern California are prosecuted according to a different vehicle code section – 23153. That’s only one number different. But the implications are profound.

That means if you caused even just a minor injury to someone else – such as whiplash or bruises – you could wind up behind bars for over a year. And, of course, the charges can get substantially elevated, if you seriously hurt someone or killed someone. You could be charged with vehicular homicide, manslaughter, or even DUI murder in an extreme case.

So what can you do to begin to build a defense?

An experienced and compassionate Los Angeles DUI criminal defense lawyer from the Kraut Criminal & DUI Lawyers can help you unpack your charges and defend against them. Mr. Kraut is a former Senior Deputy District Attorney for the City of Los Angeles, and he serves as a legal expert for ABC, Us Weekly, and many other respected publications.

Published on: August 31, 2013

Los Angeles Petty Theft Blotter: Cape Cod Shellfish Companies Shellacked by Heists

by Michael Kraut

Many Los Angeles petty theft cases are anything but petty, when you consider them from the victim’s point of view.

The loss of a family heirloom, favorite toy, or other meaningful token can often feel more devastating than can the loss of a car or flat screen TV.

Consider this principle of Los Angeles criminal defense as we turn our attention to a topic that may seem remote: the theft of oysters.

That may sound like a trivial topic — like the subject of an old Hardy Boys novel. But to oyster farmers and their customers, such thefts can be business destroying and soul crushing. Two shellfish facilities out in Cape Cod have been robbed multiple times this summer… to the tune of thousands of oysters. The Marston Mills River Facility recently lost 3,000 oysters to pilfering. Police believe that the thief accessed the facility via the water.

So far, an investigation hasn’t turned up anything, but a local resources manager, Douglas Kalweit, says “there’s a whole bunch of people with their eyes and ears out” for the oyster thief.

The theft followed a similar crime at Crowes Pasture, where more than 20,000 oysters disappeared this summer. One heist, which occurred mid-July, cost farmers $1600. The thief came back a few days later to grab another 10,000 oysters. Chris Southwood, a local constable, believes that one person likely committed all these crimes.

Southwood said “until they get caught, they’re probably just going to do it again.”

The local Department of Natural Resources installed surveillance cameras, and both facilities remain on guard. Oyster theft is not an unheard-of problem, but local authorities say that it reached a new level this summer.

In today’s media-saturated environment, it’s difficult to get people to care about even big problems. If you’ve been accused of petty theft in Los Angeles or anywhere else, you’d probably like some understanding and empathy: you want somebody to take your legal problems seriously. The team here at the Kraut Criminal & DUI Lawyers is standing by to provide through, effective assistance. Connect with our team today for a free consultation about your Southern California defense.

Published on: August 22, 2013

Los Angeles Drug Arrest News – Tulisa (X Factor Judge) and Jenelle Evans (Teen Mom) Are Both in Legal Hot Water Over Drug Charges

by Michael Kraut

Do you face Los Angeles drug charges, such as illegal possession, distribution, or conspiracy?

If so, you can probably relate to the plights of two female reality starts: Tulisa Contostavlos (former X Factor judge) and Jenelle Evans, (star of the reality show, Teen Mom).

Tulisa — who won fame as a singer (“We Are Young”) — got busted in June for providing an undercover reporter with a Class A drug. Mike GLC, a fellow musician, was arrested with her.

Per the Sun, a British newspaper, the 25 year-old Tulisa was caught on camera hooking up an undercover journalist with a purported drug dealer at London’s Dorchester Hotel. The deal was reportedly worth 820 pounds. Tulisa has tried to duck out of the limelight. But Mike GLC vocally denied being a drug dealer and claimed that all the negative attention from the case was “ruining [his] life.”

Meanwhile, back across The Pond, Teen Mom star Jenelle Evans returned to jail after she failed a drug test. Evans got hit with an intense array of charges, including assault and heroin possession. Her sentence: 18 months of unsupervised probation.

The star of Teen Mom 2 — which apparently is now in jeopardy of being cancelled by MTV — has been through the ringer, legally speaking. In May, she failed to show up at a court hearing pursuant to charges that she had cyber-stalked an ex-boyfriend. She had to pay a $1,000 bond and turn herself in.

She later claimed on her blog that she made a simple scheduling mistake. She wrote: “at 9 AM I get a text from my lawyer telling me “make sure your [sic] at court at 9.30 AM.” As soon as I see that text, my heart dropped out of my a**! I responded with, “Do I have to be there?” Because sometimes I don’t have to be there… he responded with “they’re holding the case open until you get here.”

But she didn’t make it in time and wound up with a “failure to appear” charge.

Do You Face Los Angeles Drug Crime Charges?

Whether you got booked for selling marijuana in Burbank, or you face a more complicated set of charges, you can leverage a variety of defenses. To learn about your Los Angeles drug crime defense options – to develop a strategy to move beyond the arrest and get your life back – talk to Harvard Law School educated ex-prosecutor Michael Kraut now.

Mr. Kraut is a highly reputable, resourceful, and aggressive attorney who has lots of personal connections in the Southern California legal community.

Published on: August 19, 2013

Los Angeles Lewd Conduct News – 19-Year-Old Kaitlyn Hunt, a Lesbian Cheerleader, Faces 15 Years in Jail for Having Sex with 14-Year-Old Girl

by Michael Kraut

Most Los Angeles lewd conduct cases are “drama-filled,” but odds are that your scary legal situation has gotten nowhere near as much press as Kaitlyn Hunt’s has.

The 19-year-old Florida cheerleader has been jailed (again), after having sex with her 14-year-old girlfriend.

Authorities first arrested Hunt back in February and told her to stop contacting her 14-year-old girlfriend, after the girl’s parents told the police. However, Hunt continued to text with the girl – sending approximately 20,000 texts! – and continued seeing and having sex with her. (She also allegedly gave her girlfriend an iPod.)

Prosecutors had offered Hunt a plea deal that would have allowed her to escape prison time but would have required her to register as a sex offender. But based on the new allegations, prosecutors have dropped the plea deal.

Hunt’s initial charges included two counts of lewd and lascivious battery. In Florida, if you’re over 18, you can’t have sex with anyone younger than 18.

Hunt’s case has sparked massive media attention, in part because the 19-year-old is gay. Hunt’s fans argue that the young girl’s parents only tipped the authorities off because of the lesbian nature of the relationship.

The texts between Hunt and her girlfriend suggest that they both knew what was going on.

Hunt sent her girlfriend a text message in May telling her not to tell anyone about their liaison. Otherwise, “I’ll sit in jail until trial starts… if they find out we talked, I am going to jail until trial starts.”

When Hunt found out that the girlfriend had told her parents that they were still in contact, she texted her back “f**k you … you are stupid … you want me to go to jail … you are such a messed up person … you snitched on me. God only knows what you’ll do when pressed in court. Bye.”

Kelley Smith, Hunt’s mother, eventually found out about what was going on. But instead of alerting authorities, she apparently tried to cover up her daughter’s actions — an act that could make her criminally liable as well. In one text message, Smith wrote to the girlfriend: “delete EVERYTHING … PLEASE delete everything and make sure NO ONE finds out you have spoken to Kait at all.”

If convicted of all charges, Hunt could face 15 years behind bars on top of additional penalties for disobeying the terms of her bond. Over 300,000 people (as of May) had signed an online petition to get Hunt’s charges dropped.

If you’ve been charged with lewd conduct in Los Angeles, you probably have substantial sympathy for Kait’s plight. Fortunately, you can build a vigorous, substantive defense and protect your rights. Connect with attorney Michael Kraut of the Kraut Criminal & DUI Lawyers today to strategize your defense.

Mr. Kraut is an ex-prosecutor who worked for the city for over 14 years; he knows how prosecutors work and how they think. Tap his experience, resources and connections to put up a vigorous defense to your Southern California lewd conduct charges.

Published on: August 15, 2013

Egregious and Public Los Angeles Lewd Conduct: Could It Prevent You from Becoming Mayor?

by Michael Kraut

As someone recently arrested for Los Angeles lewd conduct, you’re probably aware of what’s been happening with Anthony Weiner, an ex-Congressman and current candidate in the upcoming New York City Mayoral election.

Weiner, who’s married to former Hillary Clinton aide, Huma Abedin, resigned from Congress in 2011, in the wake of a shockingly embarrassing scandal. He took and shared nude cellphone pictures of himself and engaged in lengthy, sexually explicit conversations with other women. Some of these antics were so over the top that they provided fodder for the nighttime talk shows for weeks.

The behavior was frankly astonishing, even for a politician.

But then Weiner astonished the political world, yet again, by announcing that he would run for Mayor of New York City.

The chutzpah paid off, at first. Pundits considered him a leading candidate … until new revelations broke that he had continued to engage in the lewd conduct! A gossip website revealed that — long after his resignation from Congress and public apology — Weiner went online, using the pseudonym “Carlos Danger,” and traded XXX pictures with a 22-year-old woman. He also engaged in more phone sex.

All this, after he gave People magazine an interview, in which he boldly stated “[I’m] trying to be the best dad and husband he can be.”

Weiner did not deny the recent allegations.

Instead, at a press conference, Weiner told reporters: “I expected that other texts and photos were likely to come out, and today they have … as I have said in the past, these things that I did were wrong and hurtful to my wife and caused us to go through challenges in our marriage that extended past [my] resignation from Congress.” Abedin stood by her man, saying “I love him, I have forgiven him, I believe in him, and … we are moving forward.”

How might Weiner’s case be relevant to your Los Angeles lewd conduct case?

Weiner’s story might be a great fodder for the late night shows. But on a more serious note, it’s a testament to how difficult it can be to quit self-destructive compulsions.

It’s easy to chalk up Weiner’s recidivism – playing the role of Carlos Danger and everything like that – to narcissism, obliviousness, shamelessness, or some other negative adjective. But that can’t be the whole story. Dealing with sexual compulsion is incredibly challenging. Most people lack the resources to manage their challenges effectively.

The point is that, if you’ve been accused of Los Angeles lewd conduct, you owe it to yourself and to the people you care about (and potential future victims) to get effective help now for your sex crime charges. To that end, please consider connecting with Kraut Criminal & DUI Lawyers today for meaningful insight into your legal situation and potential remedies. Mr. Kraut is an ex-prosecutor and former Senior Deputy District Attorney for the City of Los Angeles.