Los Angeles Criminal Defense Attorney Blog

Published on: January 22, 2012

Police Chief Convicted of DUI – Long Beach DUI Attorney Reacts

Those who drive under the influence in Long Beach and cause injury accidents are often ignorant of the law or of the consequences of their actions.

Or, at least, the conventional wisdom would have you believe that.

As we have covered countless times on this Long Beach DUI blog, all sorts of people are stopped, arrested, and ultimately convicted for DUI – some of whom even make and enforce the DUI laws. When lawmakers, police officers, prosecutors, and others who work in the Long Beach DUI system are tagged for such crimes, a big hubbub in the media and blogosphere inevitably sparks. Makes sense, right? After all, police officers, Congressmen, Los Angeles DUI attorneys, etc understand the dangers better than practically anybody out there.

That’s why a recent fiasco out of Etowah County, Alabama, has attracted so much head-scratching among Los Angeles DUI lawyers.

According to WHNT News 19, the police chief of Tuscumbia, AL, Tony Logan, was convicted by jury last week of misdemeanor DUI. Logan was sentenced to 30 days, and his driver’s license might be suspended. But his punishment is less interesting than the fact that he was not just a police officer, but the chief of police for a whole town.

Brandon Hughes, a local prosecutor, summed up the jury’s message: “Drinking and driving on Alabama’s roadways is not going to be tolerated. I just hope it sends a message to folks around the state…to be more careful…there are repercussions [for driving DUI].”

Is there any moral to this story? Can we learn anything from Tony Logan’s experience?

Indeed, we can.

Logan’s arrest and subsequent conviction demonstrates how easy it is easy for anyone — even a super-educated Los Angeles DUI lawyer who understands the dangers of driving under the influence on a very personal level and who works with DUI cases on a day-to-day basis — can make errors of judgment that lead to arrests, accidents, and worse.

Of course, this is not to excuse bad behavior or DUI – it is merely to place it in context. If you were arrested for driving under the influence in Long Beach or for engaging in other misbehavior behind the wheel, you are not alone. The transgression doesn’t make you a bad person, or even a bad driver. (It does, however, mean that you might need a Los Angeles DUI attorney.)

Going forward, keep the following in mind:

1. Learn from your mistakes, if you made any, to avoid getting into similar trouble.

To do this, you need to reflect on what happened: what caused you to misbehave or ignore the Long Beach DUI laws?

2. Deal with the reality of your arrest and charges.

A Long Beach DUI criminal defense attorney at the Kraut Law Group Criminal & DUI Lawyers, Inc. (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454 ) will help you plan the next steps. Attorney Kraut is one of the most respected local DUI attorneys – he has a great reputation among his legal peers, a nearly immaculate record at jury trials, and he draws on his Harvard Law School education and background as a former Deputy District Attorney (14+ years) to deliver superlative service for his clients.

Published on: January 16, 2012

Los Angeles Medicare Fraud Scheme Lands Pastor 15 Years Behind Bars and nearly $7 Million in Reimbursements

by Michael Kraut

Last Monday, 61-year-old Christopher Iruke was sentenced to 15 years in federal prison for designing and executing a Los Angeles Medicare fraud scheme; he leveraged his position as a local pastor to defraud the government. Iruke and his wife, Connie Ikpoh, and Aura Marroquin (an employee) were convicted in August of Los Angeles health care fraud and conspiracy to commit fraud.

Last Monday, US District Judge Terry Hatter sentenced Iruke for his role in the complicated scheme. According to a CNN report, during the 2011 trial, prosecutors presented evidence “that Iruke bought fraudulent prescriptions and documents…to bill Medicare for equipment that were either medically unnecessary or never provided”…for instance, they billed Medicare of about $6,000 for a power wheelchair that actually cost closer to $900.

As Iruke’s situation escalated and became more legally and logistically entangled, he asked his sister to protect him from a Medicare audit by opening two additional medical supply firms. Witnesses told jurors that Iruke and his coconspirators “paid kickbacks to street level marketers to offer Medicare beneficiaries free [devices and equipment] in exchange for the beneficiaries’ Medicare numbers and personal information.” Iruke and his conspirators allegedly leveraged these data as part of their complicated scheme.

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 Law Group Criminal & DUI Lawyers, Inc. (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 Law Group Criminal & DUI Lawyers, Inc. right now to understand potential options and make the most of your defense.

Published on: January 2, 2012

When Someone You Love and Care About Commits Los Angeles Medicare Fraud

by Michael Kraut

On this blog, we talk a lot about why doctors, chiropractors, dentists, and others commit Los Angeles Medicare fraud. What drives them, psychologically, socially, and societally?

We also talk about what these defendants should do, how to grapple with the situation, etc. But let’s take time to change perspective and consider the role of family members. If you are the spouse or child of someone charged with any Southern California white crime, such as credit card fraud, insurance fraud, identity theft, etc., you may feel mixed emotions about what’s going on.

• On the one hand, perhaps you are shocked by the news of the arrest or investigation – you had no idea.

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 Law Group Criminal & DUI Lawyers, Inc. (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 Law Group Criminal & DUI Lawyers, Inc. (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 12, 2011

Tempted to Commit Los Angeles Medicare Fraud by Our Anemic Economy?

by Michael Kraut

Most people who go to jail for crimes like Los Angeles Medicare or Medi-Cal fraud do not spend weeks or months ruminating over whether to skirt the law and ultimately decisively concluding to “lead a life of crime.”

That may be the way events play out on TV. But, in reality, the temptation to commit any Southern California white collar crime, like Los Angeles credit card fraud, insurance fraud in Los Angeles, etc is slowly and incrementally hatched.

In other words, there is no “a-ha!” moment – no epiphany where a doctor, chiropractor, dentist, or other professional makes an “evil villain” type speech and crosses over to the dark side.

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 28, 2011

Being Accused of Los Angeles Medicare Fraud: Can Your Conscience Ever Be Cleared?

by Michael Kraut

If you or someone you care about was recently arrested or investigated for a crime like Southern California Medicare/Medi-Cal fraud, your life has been topsy-turvy.

The penalties associated with your charges could include substantial jail time and forced reparations. You could also lose your dental, medical, or chiropractic license. On top of that, a seemingly endless array of ripple effects could haunt you: e.g. loss of your professional reputation, loss of respect from your family members and peers, financial problems, etc.

Perhaps the most frustrating thing about being tagged for Los Angeles Medicare fraud (or Southern California credit card fraud, Los Angeles insurance fraud, or other so-called white-collar crimes) is the self-recrimination that often follows.

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 Law Group Criminal & DUI Lawyers, Inc. (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.