Punishment

Published on: June 13, 2011

Southern California Medicare Fraud Update: Armenian Mob “Vor” Kazarian gets Three-Year “Sweetheart Deal”

Last Monday, Armen Kazarian, a “Vor” or “don” for the Armenian mafia, admitted in court that “I was involved in a criminal conspiracy,” including Southern California Medicare fraud.

Last October, federal investigators busted up Kazarian’s ring of 118 “phantom” clinics that allegedly made off with over $35 million in funds. All told, Kazarian and his co-conspirators tried to defraud the government out of around $160 million. 70 mobsters stand accused. So far, only Karen Aharonian and Rafik Terdjanain have pled guilty. The deal that the mob godfather developed with prosecutors generated heated debate on the blogosphere. According to the New York Daily News, Kazarian “admitted Monday to making threats and other crimes in exchange for the light (3-year) sentence. The final details of the plea were put off for a week.” Prosecutors who busted up the ring expressed their respect for the size and structure of the Armenian mob’s conspiracy, saying that it “put the traditional mafia to shame.”

Will busting up Kazarian’s ring fundamentally alter the game? When reports suggest that Medicare fraud losses top $60 billion a year, it’s hard to see how any individual busts — even of the size and scope of this crackdown — can have fundamental, game changing effects.

Published on: June 6, 2011

Long Beach DUI Romantic Tragedy… Well, It Would Have Been, But it Took Place In Pittsburgh

by Michael Kraut

What makes a story about driving under the influence in Long Beach noteworthy? A quick search on Google news reveals that the most popular Burbank DUI, Pasadena DUI, Glendale DUI, and Los Angeles DUI stories involve celebrities, scary or grisly cases, or people doing stunt-like acts while DUI, such as driving lawnmowers, jet skis, or electric unicycles.

Sometimes, the ages of the participants – as well as their dramatic situations – influence newsworthiness. For instance, last week, police arrested 20-year-old Andrew Magill of Arona, Pennsylvania for driving under the influence, after his 16-year-old wife leapt from his car. Early reports did not specify why the 16-year-old leapt from the vehicle at Central Highway and Buttermilk Hollow Road at 6:15 A.M. last Tuesday. But the fall resulted in a potentially serious head injury and a DUI charge for her husband. Apparently, police are not expected to file domestic dispute charges.

This near tragedy (or, possibly, semi-tragedy) clearly illustrates that there is a fine, almost minuscule line between conventional Long Beach DUI — which is generally charged as a misdemeanor pursuant to CVC 23152 (a) or 22152 (b) — and Long Beach injury DUI, which would be charged according to CVC 23153 (a) or 23153 (b).

If all those letters and numbers confused you, we are talking about the difference between a felony and a misdemeanor – between a mild sentence and more than a year behind bars!

Even if you have the world’s best Los Angeles criminal defense attorney, your challenges become exponentially greater if you have to fight a felony count (or multiple felony counts) instead of just a simple misdemeanor.

This isn’t to say that all hope is lost. Indeed, Long Beach’s Kraut Criminal & DUI Lawyers (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) can provide immediate, strategic assistance developing and moving your defense forward. Mr. Kraut is often called upon to analyze Long Beach DUI news stories for KTLA News, the New York Times, Fox News, and other major media sources. He served for nearly a decade-and-a-half as a prosecutor for the city before “switching sides” to represent defendants.

Published on: May 23, 2011

Los Angeles Medicare Fraud Stories Roll On, Even as IMF Chief Sits in NYC Jail

by Michael Kraut

Last week, while most of the blogosphere zeroed in on the salacious accusations against International Monetary Fund’s chief, the news on the Southern California Medicare fraud front was not exactly silent.

Indeed, a May 14th article in the Wall Street Journal (“Medicare Fraud Nets Guilty Plea”) has had a lot of pundits and analysts debating the implications. A Brooklyn physical therapist, Alexander Kharkover, plead guilty the Friday before last in Federal Court to five counts of submitting false/fraudulent claims to Medicare. For a five-year period (from January 2005 to July 2010), Kharkover allegedly overbilled Medicare to the tune of nearly $12 million, and Medicare paid $7.3 million worth of those claims.

Mr. Kharkover pled guilty without trying to arrange a plea deal. He has yet to be sentenced. Here is an interesting quote from the WSJ about the matter: “According to a person familiar with the case, in one instance, Mr. Kharkover allegedly submitted a bill for a service he performed personally, but on a date when he was on vacation cruise.”

Published on: May 6, 2011

What Osama bin Laden’s Shooting Death Means for Your Los Angeles White Collar Crime Defense

by Michael Kraut

If you’ve recently been charged with a Southern California white collar crime, insurance fraud, credit card fraud, or any other non-violent offense, you might not immediately see any parallels between your situation and the war on terror. But the blogosphere was literally inflamed this past week with news about Osama bin Laden’s death at the hands of US commandos, and it may be useful for us to examine how the ways in which we think about crime influence our potential legal defense strategies.

The basic point is this: We often construct “just so” stories or narratives to justify our opinions about events and people.

The manhunt for Osama bin Laden, for instance, ended successfully from the United States’ point of view. Now, when we look back, historically, things will look all tied up like a neat little bow. One can almost think about Osama being gunned down by snipers in the daring 40-minute raid in Abbottabad Pakistan as the third act of a movie (guessing there probably will be one pumped out by Hollywood soon enough). Thus, our ì20/20 hindsightî makes it seem like the deliverance of justice upon Osama was a forgone conclusion. If history had proceeded along another path – what’s technically known as a counterfactual – we would have constructed a different “just so” story, and that, too, would have seemed like an inevitable product of history.

Published on: May 1, 2011

Major Los Angeles Medicare Fraud News – Couple Pleads Guilty in $200 Million Medicare Fraud Scam

by Michael Kraut

As this blog has been reporting for months now, federal investigators have been really cracking down on crimes like Southern California Medicare and Medical fraud. A breaking story out of Miami highlights how much the government means “business.”

According to an April 14th story in the Miami Herald, Lawrence Duran and his wife, Marianella Valera, pled guilty to stealing $200 million from Medicare as part of a massive conspiracy. The couple could face 20 years in prison – for running what the Herald describes as “The nation’s largest mental health racket.”

The couple, who owned seven different mental health clinics, got indicted last October on charges of defrauding 22 defendants, including psychiatrists, recruiters, and even senior employers in their companies. The Assistant Attorney General of the Justice Department’s Criminal Division, Lanny Breuer, did not mince words: “they reaped millions in illegal profits by operating a sham mental healthcare company that provided unnecessary and illegitimate treatments to patients, many of whom were recruited through bribes and kickbacks, and then they laundered the proceeds.”

Published on: April 25, 2011

Glendale DUI Near Nightmare Averted by Sheer Chance – Slugger Miguel Cabrera Nearly Ran Two Truckers Off the Road

by Michael Kraut

The crime of driving under the influence in Glendale – in and of itself – is enormous and consequential, even if you don’t cause damage to life or limb and you cooperate fully with authorities – and even if you were just barely over the limit.

But evidence mounting against Miguel Cabrera – an outfielder for the Detroit Tigers – suggests that the major leaguer, who was arrested back in February on DUI charges, may be in a lot more trouble than anyone previously knew.

As this blog and other media outlets reported, Cabrera got arrested on February 16th in a florid scene that probably would have been newsworthy even if he hadn’t been a major league baseball player. If you have been pulled over in a relatively pedestrian Burbank DUI, Glendale DUI, Los Angeles DUI, or Pasadena DUI matter, you may be shocked to learn how crazy Cabrera’s arrest was.

He apparently drank a whisky bottle in front of the officer who arrested him, asked the police to “kill me” and confessed to having threatened to blow up a steakhouse.

Turns out, all those things pale in comparison with what Cabrera might have done.

Last week, the Florida State’s Attorney’s Office released evidence that suggests that Cabrera nearly ran two different Wal-Mart trucks off the road in his Range Rover. The truckers were forced to “take evasive action… in order not to hit [Cabrera’s] sport utility vehicle head on.”

Cabrera allegedly caused one tractor trailer to dodge him and another to actually drive all the way onto the grass to avoid a collision.

More information about what actually happened will no doubt trickle in, once the June 10 hearing arrives. Had Cabrera collided head first with either of the trucks, chances are, this would be a story about Los Angeles DUI manslaughter.

When SUVs and truck collide on the highways head on at high speeds, even advanced safety measures like ABS and airbags can be rendered essentially useless. Glendale DUI vehicular manslaughter charges can lead to punishments such as lengthy jail sentences, fines and fees, alcohol school, strict probation, and essentially the end of a baseball career (or any career).

An experienced Los Angeles criminal defense attorney (one example: Michael Kraut of the Kraut Criminal & DUI Lawyers – located in Glendale at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can help you make sense of the charges pending against you and act in a timely, appropriate and proactive way to manage the charges. Connect today with this Harvard Law School educated attorney to go over your case and start plotting the most appropriate legal response.

Published on: April 18, 2011

Disturbing Los Angeles Medicare Fraud News: Couple in Minnesota Could Get Six Decades (Each!) in Prison

by Michael Kraut

A new Minnesota Public Radio report has public health authorities, economists, and bloggers who focus on issues like Southern California Medicare fraud alike analyzing and chatting about powerful charges against a couple from Brooklyn Park, Minnesota.

Anita and Stephen Soledolu — co-owners of a home healthcare service — allegedly submitted Medicare claims that did not have documentation. Prosecutors allege that the couple bilked Minnesota for over $864,000. The Soledolus face indictments on six felony counts. Each one could be hit with six decades behind bars and penalties of $300,000.

According to a Minnesota Public Radio report: “The Soledolus submitted claims for home care of Medicaid recipients when investigators found clients weren’t home.”

Published on: April 11, 2011

Beverly Hills DUI Unfairness: Can a Low Carb Diet Ruin your Breathalyzer Readings?

by Michael Kraut

Let’s face it: celebrities, movie stars, and Beverly Hills business people want to stay as thin as possible. But if you’re on a low carb diet and you’re pulled over under suspicion of Beverly Hills DUI, be forewarned that the ketone bodies that you produce while on this diet can potentially have an adverse effect on your breathalyzer readings.

In fact, this effect of low carb or very low calorie diets (e.g. fasting) can easily accidentally land you a Burbank DUI, Pasadena DUI, Glendale DUI, or Los Angeles DUI – even if you’re significantly under the legal limit… or haven’t been drinking at all!

Before we get deep into the biochemistry, let’s dial back and learn a little bit more about the breathalyzer. A Beverly Hills DUI breathalyzer test is essentially a chemical analysis that looks for certain compounds on your breath to determine whether you’ve imbibed ethanol alcohol in a high concentration. If your blood alcohol concentration (BAC) is greater than 0.08%, you will be tagged for Beverly Hills DUI pursuant to California Vehicle Code Section 23152(b). End of story.

Or is it?

A variety of factors can screw up a breathalyzer’s reading. If you’re diabetic, for instance, and you suffer from ketoacidosis – a potentially life threatening condition – you will produce chemicals that can skew the BAC reading to be higher than it should.

When you’re on a low carb diet, your body will also manufacture these compounds, called ketones, but at very safe levels. (One of the big myths about low carb diets involves confusing the very dangerous ketoacidosis with normal ketosis).

Essentially, when you spare carbohydrates in the diet, your liver burns fat to help transform protein via a process known as gluconeogenesis into the glucose you need to run things like your brain. The half burnt fat releases ketone compounds to help provide fuel for the body and organs. According to Dr. Michael Eades, author of the best seller Protein Power, “the heart, for example, operates about 28% more efficiently on ketones than it does on glucose.”

In any event, the ketones not used immediately for fuel remain in the blood; they will be present in your breath and can skew your breathalyzer reading. How much will they skew your reading? The answer depends on a huge variety of factors, including how deeply into ketosis you are, your age, your gender, your weight, whether you’ve consumed alcohol simultaneously, whether you are on any medications, and literally dozens of other factors.

To build an effective defense, therefore, it’s common sense and good practice to talk to an experienced Los Angeles criminal defense attorney. Mr. Michael Kraut, (offices in Beverly Hills at: 9107 Wilshire Blvd., Suite 450, Beverly Hills, California 90210 Phone: (310) 550-6935), can discuss your arrest and possible defense strategies today. Mr. Kraut spent nearly 15 years serving the city as a prosecutor – he actually put many DUI offenders behind bars.

Published on: March 28, 2011

Pasadena DUI Technology Debate: Anti-DUI Cell Phone Apps Concern Police

by Michael Kraut

To cut down on driving under the influence in Pasadena and elsewhere in the Los Angeles County area, police officers often set up checkpoints to stop people suspected of DUI in Pasadena, DUI in Glendale, DUI in Burbank, and DUI in Los Angeles. Often, the drivers come upon these checkpoints by surprise. But some technologically adroit drivers are starting to outsmart checkpoints by leveraging the power of new cell phone apps, such as PhantomAlert, Cobra iRadar, Trapster, and Fuzz Alert.

The USA Today ran a major story on this phenomenon last week — “High tech apps help drivers evade police” — basically talking about how cell phone apps can help drivers pinpoint red light camera, speed traps, DUI checkpoints, traffic jams, school zones, and dangerous road areas.

Some police officers and first responders see these new apps as nothing but a negative. For instance, USA Today quoted a Montgomery County, Maryland Police Department Captain, Paul Starks, who said: “If people are going to use those, what other purpose are they going to use them for except to drink and drive… They are only thinking of one consequence and that’s being arrested. They are not thinking of ending the lives of other motorists, pedestrians, other passengers in their cars or themselves.”

While Captain Starks’ concerns may be somewhat valid – after all, one of the apps is called “Fuzz Alert” – the situation may be more nuanced. Indeed, the USA Today article quotes a retired firefighter and a Virginia Beach police officer saying positive things about these new apps. These officers indicate that, by helping increase driver awareness of potential obstacles and hazards, these apps can actually encourage safer driving. Newport News, Virginia firefighter, Dennis Ricketts, recently purchased PhantomAlert himself. He says the device has made him more keen to conditions on the road: “A lot of times when people drive, they’re not paying a lot of attention, especially if it’s the road you drive on repeatedly…with this, you’re a lot more aware of everything that’s going on and on things that might be coming up.”

Obviously, this blog post is not about to settle the debate. But it’s interesting to see that even police officers have mixed reviews about the applications. As with any policy measure, it’s important to run scientifically-controlled studies and look at hard data before rendering judgment. Of course, that’s easier said than done. As this blog has addressed before, it’s incredibly difficult to separate cause-and-effect when looking at driving data – so many factors come into play.

Beyond this technical debate, let’s talk a little bit about Pasadena DUI process. The first thing that happens is either you get pulled over at a checkpoint or stopped for a traffic violation. Next, a Los Angeles DUI investigation might commence, during which you will be asked to blow into a breathalyzer device and take field sobriety tests. If the officer has a reason to believe you are DUI, you will be arrested, likely pursuant to either California Vehicle Code Sections 23152 (a) or 23152 (b). Your next step will be to get an attorney to represent yourself – although you can represent yourself without a lawyer. Then you will have to go through the DMV hearings. Then you will arraigned. Next, you will go through the pretrial hearing and motions. In one out of every 25 cases, you will end up at a jury trial. And then you will have to deal with the results after trial.

A Los Angeles criminal defense attorney, like Michael Kraut of the Kraut Criminal & DUI Lawyers (based out of Pasadena at: 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899) can provide compassionate, experienced, trial-ready service to help you get best results and to get you back on track with your life. Mr. Kraut really knows his business: Not only did he serve for 14 years as a Senior Deputy DA for Los Angeles (during which time he prosecuted many DUI cases), but he also has racked up a superb jury trial record and has won the respect of colleagues, clients, and even the national news media.

Published on: March 21, 2011

Will Los Angeles Healthcare Fraud be Wiped Out by President Obama’s 2012 proposals?

by Michael Kraut

For last several years, we’ve witnessed massive arrests for Southern California Medicare fraud and other healthcare fraud schemes around the nation. Billions of dollars have been seized, and hundreds of people have been arrested and brought to trial. The news practically glitters every week with examples of chiropractors, dentists, doctors, and other healthcare providers caught up in the dragnet.

According to the Centers for Medicare and Medicaid Services, President Obama’s 2012 budget proposes a variety of new antifraud tools that will escalate the government’s fight against fraudsters and scam artists. Some experts estimate that the antifraud tools may save over $32 billion over the next decade. What are some of these new antifraud tools, and will these enhanced tactics really repair the system and prevent abuse and graft?

First, let’s take a look at some crucial statistics: