Los Angeles Criminal Defense Attorney Blog

Published on: April 2, 2012

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

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 Law Group Criminal & DUI Lawyers, Inc. 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 Law Group Criminal & DUI Lawyers, Inc. (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 Law Group Criminal & DUI Lawyers, Inc. 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 Law Group Criminal & DUI Lawyers, Inc. in Long Beach for an experienced and confidential consultation. Attorney Michael Kraut of Long Beach’s Kraut Law Group Criminal & DUI Lawyers, Inc. (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.

Published on: February 20, 2012

Watch Out Would Be Los Angeles Medicare Fraud Perpetrators: Obama Administration Pulling Out All the Stops

by Michael Kraut

In 2008, the Federal Government recouped $2.14 billion from people who committed Southern California Medi-Cal fraud and other similar crimes across the nation. Last year, thanks to a dedicated effort inside the Obama Administration, the Federal Government recouped $4.1 billion — nearly double the 2008 amount. The number of people charged with fraud across the U.S. also bumped up 75% over the 2008 numbers.

Unsurprisingly, the Obama Administration has been celebrating. Kathleen Sebelius, the Health and Human Service Secretary, blogged about the report: “The Obama Administration is doing more to stop fraud before it happens… Department of Justice officials are tracking fraud scams as they move across the country, so that criminals are spotted when they try to re-enroll into Medicare or Medicaid.”

Good news for tax payers – but what if you’ve been caught up in the dragnet and charged with Southern California Medicare fraud?

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: February 6, 2012

Taran Noah Smith, Home Improvement Star, Hit with Burbank DUI Charge

by Michael Kraut

Home Improvement star Taran Noah Smith’s driving record may need improvement; the 27-year old actor was stopped last Tuesday for driving under the influence in Burbank.

According to news reports, police pulled Smith over near Third Street and Burbank Boulevard early Tuesday morning. The Burbank Leader reports that Smith’s car had been parked, but the vehicle was still running. Police smelled marijuana around the vicinity and found what they believed to drugs in Smith’s 1998 Honda Accord. After being arrested for driving under the influence in Burbank, Smith was booked into a Glendale jail and held on a bail of $10,000. His court date is set for March 1.

Smith is probably best known for his role as the youngest child on Tim Allen’s Home Improvement, which ran from 1991 to 1997. He got his start as a child actor young – at age seven.

Smith’s Burbank DUI arrest highlights several important factors:

• Being a celebrity does not immunize you from getting arrested for marijuana or alcohol-related Burbank DUI. The law is the law, no matter what your station in life or level of celebrity;
• You can still be arrested for Burbank DUI, even if your vehicle is not actively being driven on the road. Consider Smith’s situation – his vehicle was stopped when the police found him (although the motor was running);
• Early mornings and weekend nights are particularly dangerous times for drivers, since the average car is more likely to be driven by someone who is Burbank DUI. This is just pure statistics. People party and/or drink on the weekends and evenings. So if you want to avoid drivers who might be under the influence in Burbank or elsewhere in Southern California, avoid driving during these dangerous times – late at night, Friday and Saturday nights, and national holidays.

How might the arrest redound for Smith’s career? Likely, that question is low on his list of priorities. In fact, a Burbank DUI charge – even a relatively minor one that does not involve injuries or damage – can lead to a cavalcade of penalties, such as not insignificant jail time, California license suspension, mandatory alcohol education classes, forced installation of an IID device in your vehicle (which means you cannot drive unless you blow a sober breath into a machine), annoying court costs and fines, and so forth.

And let’s not forget the indirect costs of Burbank DUI! These can include huge insurance-related problems (which in and of themselves can cost you thousands of dollars over several years) and damage to your professional and personal reputation.

As an experienced Los Angeles DUI lawyer will tell you, it’s no fun to face these charges.

The silver lining (if there is one) is that you do not have to fight this battle on your own. Help and resources abound, if you’re willing to do research, accept strategic guidance, and take responsibility for what’s happened to you. A Los Angeles DUI attorney at the Kraut Law Group Criminal & DUI Lawyers, Inc. can help you make significant progress towards restoring your reputation, blunting the charges against you, and developing a strategic battle plan not just to move beyond this one event but also to get the help and support you need to get your life back on track.

Attorney Kraut is a vastly experienced, highly reputable and compassionate Burbank DUI criminal offense attorney (2600 West Olive Avenue, 5th Floor, Burbank, California 91505 Phone: (818) 563-9810). He also has unique experience, in that he has played for “both sides” – prosecutor and defense attorney. He can leverage his first-hand experience as a prosecutor to help you understand what prosecutors will be planning.

Published on: January 30, 2012

The Slippery Slope to Los Angeles Medicare Fraud (And Other Crimes)

by Michael Kraut

Angelenos read the stories all the time and judge harshly: when doctors, chiropractors, dentists, pharmacists and other providers commit healthcare fraud in Los Angeles, we have a visceral reaction of disgust.

• How could someone charged with caring for the lives of our neighbors so grotesquely take advantage of their positions of power?

• Given our fiscal crisis at home here in California and nationwide, why would anyone try to rob the already fast-dwindling Medicare coffers?