Punishment

Published on: April 13, 2012

Life After Southern California Medicare Fraud – Start Planning Now

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.

Published on: April 11, 2012

Los Angeles Lewd Conduct Update: Teacher in Photo Scandal Denied Bail Reduction

by Michael Kraut

It’s been called one of the most disturbing and high profile cases of Los Angeles lewd conduct in history: 61-year-old Mark Berndt allegedly blindfolded children and then “spoon-fed his semen to them” at his elementary school classroom in Miramonte.

Last month, Berndt pled not guilty to 23 counts of Los Angeles lewd conduct, but the justice system does not seem to be in the mood to give him much leniency. His initial bail – $23 million – remained intact last Wednesday, when a judge denied his request for a reduction. The former teacher was arrested at the end of January following a long investigation (over a year). Investigators discovered 40 photos of children blindfolded with their mouths taped. Some pictures showed cockroaches on these children’s faces. Others showed other remarkably disturbing images.

One of Berndt’s co-workers, 49-year-old Martin Springer, has also been accused of a sexual crime – molesting a female student. In the wake of the revelations about Berndt and Springer, the district fired the entire workforce at the elementary school. Many of teachers’ victims have said that the abuse gave them nightmares.

Published on: April 6, 2012

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

by Michael Kraut

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: April 4, 2012

Los Angeles Petty Theft – Not So Petty Consequences

by Michael Kraut

Los Angeles petty theft is a crime in which someone takes money or property that’s worth $400 or less. Both shoplifting and petty theft are charged according to California Penal Code Section 484 PC.

If you’re convicted of this misdemeanor, life can quickly become quite unpleasant. Depending on what you stole, you could face huge fines, forced restitution to the person you stole from, half a year in jail, community service, probation, counseling, and more. But that’s not the beginning of your woes – or even close. In fact, if you have a prior conviction for Los Angeles petty theft, prosecutors can leverage another law, Penal Code Section 666, to elevate misdemeanor theft into a felony. In other words, say you get convicted of petty theft for shoplifting some shoes. Then, years later, you commit a second petty theft — swiping lottery tickets, let’s say. The prosecutor can try to hit you with a felony charge the second time around. If he or she succeeds, not only will you face the same penalties we discussed above (just writ larger), but you could also face up to three full years behind bars!

And it’s not just a second theft arrest that you need to worry about. If you ever get arrested again for other crimes – even crimes having nothing to do with theft, fraud, larceny, etc. – you may face stiffer penalties thanks to your criminal history.

Published on: April 2, 2012

What is Los Angeles Healthcare Fraud, Anyway, and What Should You Do If You Are Accused?

by Michael Kraut

With the Obama administration cracking down hard, nationwide, on Medicare and Medicaid fraud, analysts expect that many more doctors, chiropractors, and other caregivers in Los Angeles will be arrested and charged with Southern California healthcare fraud. If you or a family member has come under investigation for fraud, you need to act decisively, legally, and quickly to protect your rights and minimize the potential damage to your career, assets, and freedom.

Individuals convicted of Southern California healthcare billing fraud can be slapped with charges pursuant to Insurance Code Section 1871.4, Penal Code Section 550, Penal Code Section 118(for perjury), and Labor Code Section 3700 (if you’re an employer who committed healthcare fraud). Depending on the nature and extent of the alleged misconduct, you could lose your license to practice, face jail time and massive fines, and see the destruction of your professional reputation and your ability to earn in the future. Given what’s at stake, you probably want to know what might constitute this crime. Here are two examples:

1. Creating false medical records and billing insurance carriers or Medicaid or MediCal for services that you never rendered (or that you described in a very overinflated way).

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 12, 2012

Glendale DUI Lessons from the Tribulations of Oral Roberts University’s President, Richard Roberts

by Michael Kraut

Getting arrested for Glendale DUI often feels like getting a giant Scarlet Letter “A” tattooed across your chest. (In case you missed that reference, it comes from Nathaniel Hawthorne’s famous novel, The Scarlet Letter, in which a young adulteress in Puritan times is compelled to wear a letter “A” to brand her as a bad person and invite ostracism from her community.)

It’s easy to believe your own “bad press” after a Glendale DUI arrest or conviction.

But the reality is that far more people are far more vulnerable to DUI arrests than the general public recognizes. Take the case of 63 year old Oral Roberts University President, Richard Roberts. On January 24th, he got stopped for speeding and DUI in Oklahoma. An Oklahoma Highway Patrol trooper report said that Roberts tested at a BAC level of 0.10% (the legal limit for Glendale DUI is 0.08%) and failed to “execute the instructions” for roadside field sobriety tests. If you personally had to take Glendale DUI field sobriety tests, you know how difficult and scary these tests can be. You can fail FSTs even while stone cold sober!

Mr. Roberts also now must contend with charges of hypocrisy. His school compels every student to take a pledge to the effect of “I will not drink alcohol beverages of any kind.” And the punishments for DUI in Oklahoma surely mirror the punishments for DUI in Glendale – which can include prison time, license suspension, mandatory alcohol education classes, probation, fees, fines, and myriad indirect consequences, such as loss of respect and insurance rate spikes and logistical problems in your life.

Coming to terms with what you’re up against, legally and morally, is no small challenge. Whether you’re convinced you are “totally innocent” — or you believe that the charges are over inflated — or you accept that you did something wrong and you’re panicked about what’s going to come next — you need intelligent guidance to help you make strategic decisions.

A Los Angeles DUI attorney at the Kraut Criminal & DUI Lawyers can help you solve your problems. After all, your issues may extend far beyond the threat of a Glendale DUI conviction. Perhaps you have a recurring problem with alcohol or drugs or prescription medications, and you need help before you get stopped for another DUI in Glendale. Or maybe the DUI is just the tip of a larger iceberg. You need clarity, certainty, and appropriate guidance.

Fortunately, Michael Kraut of the Kraut Criminal & DUI Lawyers (121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can help. As a former city prosecutor – he spent 14 years putting Glendale DUI defendants and other defendants behind bars – Mr. Kraut is known for his toughness, deep understanding of the prosecutorial approach in Los Angeles, and expertise in both theory and practice. Connect with this Harvard Law School educated Glendale DUI attorney today to get much needed help and guidance.

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 27, 2012

Long Beach DUI Blame Game – Part 1: The Judgments of Others

by Michael Kraut

Getting stopped and charged with a crime like Long Beach DUI can be a harrowing ordeal. Even if you didn’t cause injuries or property damage — and even if the evidence ultimately exonerates you — damage has been done.

The problem goes beyond fear of the punishments and penalties – jail time, massive fines, huge spikes on your insurance rates, etc. It even goes beyond the more subtle “penalties” — loss of respect from peers and family, logistical problems stemming from loss of your driver’s license, fears about your own judgment and maturity, etc.

Sure, all those things matter. But there is another root problem that’s causing stress.

Here it is: You are attuned to hearing the judgments, guilt, name calling, and diagnoses of others – you accept these labels as “facts” about you.

Before we discuss this in detail, keep in mind that, as any Los Angeles DUI attorney will tell you, if you did drive under the influence in Long Beach, you have problems and obstacles in your path, and you need to approach them correctly and strategically.

On the other hand, it might be helpful to start to translate the judgments and labels of others into what famous psychologist Dr. Marshall Rosenberg termed “feelings and needs.” Often, when people in our lives judge us or call us names, what they are really doing is expressing anger or frustration at their needs not being met.

For instance, say you told your aunt Suzie that you got tagged for driving under the influence in Long Beach. She snaps back something along the lines of “I always knew you’d be a failure” or something similarly hurtful. Now, you can hear her judgment as “the truth.” Or you can look deeper inside it and try to hear her pain and needs. For instance, why might she be in pain? Why might her hearing the news of your DUI spark that anger and judgment? Perhaps she recently had a scary encounter on the roads, and she needs safety. Perhaps she recently learned lost a friend in a DUI accident similar to yours, and she is furious and deeply sad about that.

When you start to listen to her and connect with her on this level, statements as judgmental as “you are the worst person in the world” become translated into things like “I am furious because I really need safety” or “I am enraged and depressed because I recently lost my friend to a DUI driver.” It’s very difficult at first for us to listen to people’s anger and judgments and translate them this way – it takes a ton of practice. But if you’ve recently been insulted or guilted or judged for your DUI, you might find it useful to sit down and really introspect on what that person what was feeling and needing and why.

This is important not just because it helps you humanize the other person but also because it frees you from internal judgments, which can perpetuate negative cycles. If you hear and believe judgments like “you are a criminal who will never get better,” you can internalize that message and act it out. If, on other hand, you hear the feelings and needs behind these criticisms, you may be inspired to grow and change and work to serve life.

As your Los Angeles DUI attorney will tell you, the challenges of being a defendant are immense. But opportunities for learning and growth are there, too. Connect today with the team at the Kraut Criminal & DUI Lawyers in Long Beach for an experienced and confidential consultation. Attorney Michael Kraut of Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) is a widely respected and highly successful Harvard Law School educated Long Beach DUI criminal defense attorney.