Los Angeles Criminal Defense Attorney Blog

Published on: July 5, 2011

Long Beach DUI Statistics: What Can They Really Tell Us?

Ask anyone in law enforcement how to end the problem of Long Beach DUI, and they will tell you that we need better enforcement, more measurement of the problem, better education and tools for law enforcement, drivers, road engineers and policymakers. These are good points. And if we did indeed measure DUIs better with richer metrics, chances are we could see a decline in Pasadena DUI, Glendale DUI, Burbank DUI and Los Angeles DUI arrests. That being said, statistics may not be as useful as many bright-eyed and bushy-tailed pundits believe they are. As the old saw goes, “there are lies, damned lies and statistics.”

Case in point: consider a small story published in a Kansas newspaper, the Wichita Eagle, last week: “Wichita police see spike in DUI arrests.” Over a relatively non-special weekend, police saw a jump in DUI arrests of more than 50% – 31 arrests, up from the usual 21 DUI arrests for the weekend. Traffic accidents also increased from 70 to 98. This is a statistically significant shift, by any measure, and law enforcement officials and local prognosticators jumped on the story to immediately develop explanations for the surge. Wichita Eagle posited “there are lot of outdoor activities at this time of year… and that increases the opportunities for drunk driving to occur.” That said, the magazine concluded with this statement: “DUI arrests were made all over Wichita…and couldn’t be linked to any specific event.”

What if the surge was just a random fluctuation? Sounds impossible?

It turns out that statistics don’t work quite the way that most people believe that they do. In any given city, on any given weekend, one might expect a surprising surge – 50% or even more – as part of the random background statistical noise. In other words, the spike need not tie into any specific event because it really was random. It only appeared to have meaning because the statistics were considered just in the context of Wichita instead of in the context of the whole nation.

Think about it this way: say you were to flip a coin six times in a row. What are the odds that you flip heads each time? Here is the quick answer: 1 in 64 (1/2*1/2*1/2*1/2*1/2*1/2). If you pull out a coin and ever do this experiment, chances are pretty good (63 out of 64) that you will not get heads every time. But 1 out of every 64 readers of this blog post will! And to that person, this post may seem like magic. In fact, it’s not. Random events can look like something more than random when viewed out of context. Thus, the spike in Wichita DUIs might not have been anything at all. It might have been something… but there is not really a clean and clear way to tell.

The same thinking should apply to study of Long Beach DUI statistics.

On a more practical note, if you are in need of the services of an experienced Los Angeles criminal defense attorney, Long Beach’s Kraut Law Group Criminal & DUI Lawyers, Inc. (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454) may be able to steer you in a good direction. Attorney Michael Kraut is an experienced prosecutor who is respected by legal peers and by major news media as a maven of Los Angeles DUI law. He can help you understand your rights, develop a strategy, and ensure that you make smart decisions going forward to protect your rights as a defendant.

Published on: June 27, 2011

Los Angeles Medicare Fraud Leads to 51 Month Prison Sentence for Tujunga Man

by Michael Kraut

A quiet but disturbing Los Angeles Medicare fraud case resolved last Monday, when 45-year-old Petros Odachyan was sentenced to 51 months in prison in a Los Angeles Federal Court pursuant to charges that his company, RL Medical Supply, defrauded Medicare out of $600,000 (after billing the program for more than $1 million).

Prosecutors charged Odachyan with forging prescriptions for items like medical equipment, electric wheelchairs, and hospital bills – most of which RL Medical Supply never gave to patients. Odachyan pled guilty last June to committing healthcare fraud; he now will apparently face more than four years behind bars, unless he appeals the decision and manages to get some reprieve.

Odachyan’s sad saga is unfortunately all too common these days. And anyone who has been recently accused of Southern California medical fraud, Los Angeles insurance fraud, or any other Southern California white collar crime could potentially face similarly serious sentences – many years behind bars, possibly, and a total devastation of your business reputation.

Published on: June 21, 2011

Long Beach DUI Tech News – Apple Bans “Buzzed” App

by Michael Kraut

After U.S. lawmakers pressured Apple, the tech company has banned an app called “Buzzed” which revealed the locations of Long Beach DUI checkpoints (and checkpoints elsewhere) that police had not previously publicized. Apple also changed its online store guidelines to come into compliance with this new policy: “Apps which contain DUI checkpoints [such as Los Angeles DUI, Pasadena DUI, Glendale DUI, Burbank DUI, etc.] that are not published by law enforcement agencies that encourage and enable drunk driving will be rejected.”

Senate Majority Leader Harry Reid (D) Nevada applauded Apple but encouraged the company “to take the next responsible step for removing all applications that allow unsafe drivers to evade police checkpoints.” Perez Hilton, for one, also applauded the Apple move: “It’s definitely a step in the right direction… we feel these apps only do more harm than good by putting other drives at risk. Not only will drunk drivers be drunk, but they will be fiddling around on their cell phones to avoid getting caught!”

Opinions about Apple’s move were far from unanimous, however. For instance, as techdirt.com points out, blogger Nick Gillespie built a powerful argument against the banning of apps like Buzzed: “police themselves regularly make this info available as a deterrent.”

Quoting from Gillespie’s blog now: “Some police departments actually support the data used in such apps because they reduce the number of drunk drivers on the road!”

Another blog post on reason.com argued that such apps (like Buzzed) actually minimize drunk driving and speeding – which is one of the reasons why police in places such as Travis County, Texas are the ones entering the information for DUI checkpoint apps such as Trapster. As a Travis County cop puts it, “If we can stop the problematic behavior without writing tickets or hauling people, everybody is better off.”

The pundits and techno bloggers can continue to debate the merits (or lack thereof) of Apple’s app ban. But if you or someone you care about has recently been pulled over at a Long Beach DUI checkpoint, you have fewer intellectual concerns and more practical ones. A Los Angeles criminal defense attorney, such as Long Beach’s Kraut Law Group Criminal & DUI Lawyers, Inc. (444 West Ocean, Suite 800 Long Beach, California 90802 Phone: (562) 531-7454), can inform you, help you understand your rights and responsibilities, and develop an astute and aggressive strategy to clear your record and defend your interests.

Published on: June 13, 2011

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

by Michael Kraut

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 Law Group Criminal & DUI Lawyers, Inc. (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 30, 2011

Is Los Angeles Medicare Fraud Destroying the Economy and Ruining Our Children’s Future?

by Michael Kraut

Politicians, pundits and “everyday Americans” alike are striving to stamp out Southern California Medicare, Medi-Cal and Medicaid fraud – and for good reason. Consider Massachusetts Republican Senator Scott Brown’s recent rant against fraud in the Medicare system: “The Government Accountability Office has estimated that nearly 10%, or $47 billion, of annual Medicare spending is nothing but waste, fraud or abuse.” Attorney General Eric Holder has put the number higher – at $60 billion. “We need Medicare administrators to work to prevent these improper payments – instead of the existing “pay and chase” model that makes the system so susceptible to fraud.”

Senator Brown and others are livid, understandably. Southern California white collar crimes, such as Los Angeles insurance fraud, Pasadena Medicare fraud and identity theft not only sap money from a strained system but also cause a deterioration in our ability to trust institutions designed to protect us and support us in times of need.

It’s easy to look at enormous numbers like this – $47 billion, $60 billion – and to develop a mentality that it’s “all these people’s fault.” In other words, there is a handful of “bad guys” who are robbing the system blind. If we could only catch and punish these perpetrators, then our health care system would be fixed, our economy will be righted, and all would be well.

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 16, 2011

Beverly Hills DUI Experts Examine Colorado’s Failed Marijuana Bill

by Michael Kraut

If you smoke medical marijuana and get behind the wheel – or drive under the influence of alcohol in Beverly Hills — you can be charged with a crime pursuant to California Vehicle Code Section 23152(a). Indeed, it doesn’t matter if the marijuana you smoke is legal – even over-the-counter medications or prescription medications taken with a doctor’s order can cause you to violate 23152(a). In the annals of the literature about Glendale DUI, Burbank DUI, Los Angeles DUI, and Pasadena DUI, you can find hundreds of cases involving people getting arrested for driving after consuming totally illegal drugs.

The question about how to measure drug-induced driving problems has obsessed lawmakers and policymakers for some time. The Colorado Senate last month proposed a bill to set a limit for marijuana blood content. But last Tuesday, the CO Senate Judiciary Committee killed that bill — House Bill 1261 — on a voice vote. The Pot DUI Bill would have set a limit for medicinal marijuana drivers – if you had more than 5 nanograms per milliliter of THC in your blood, you would be considered over the legal limit.

A medicinal marijuana advocate, William Breathes, demonstrated that his THC levels remained over that limit — even after he had slept for a full night and abstained from smoking for 15 hours. An occupational medicine specialist evaluated him at that time and declared him to be “in no way incapacitated.”

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.”