Criminal Cases

Representing A Chiropractor

Venue: Federal Court, Central District, California (2002)
Charge: Disability insurance fraud
Resolution: After the indictment, we negotiated a plea. The chiropractor received only a six-month sentence.

Venue: California State Court (2000)
Charge: Medi-Cal fraud, after an undercover videotape exposé by a Los Angeles television station showed that the chiropractor's office was paying kickbacks for patient referrals.
Resolution: We obtained a guilty plea by the corporation that operated the clinic and dismissal of individual charges against the chiropractor, preserving his professional license.


Representing A Dentist

Venue: California State Court (2007)
Charge: Felony grand theft and Denti-Cal fraud charges relating to alleged billing for services not provided (replacing fillings) over a several-year period. Charges were not filed until after an administrative hearing was held. Our client's previous attorney had failed to adequately anticipate the potential for criminal charges.
Resolution: After investigation and expert consultation, we obtained reduced charges-one misdemeanor count that did not include fraud. The dentist retained his professional license.


Representing A Pharmacist

Venue: Federal Court, Central District, California (Grand Jury Investigation) 2004
Background: Russian-Armenian Organized Crime Unit investigation of over $1 million fraudulently billed by a pharmacy. Our client had allowed the title to the pharmacy to be held in her name.
Resolution: After our extensive pre-filing preparation and presentation to the U.S. Attorney's Office, the criminal case was rejected and no charges were filed.

Venue: Federal Court, Eastern District, California (2004)
Charge: Health care fraud, relating to over-billing of more than $10 million in pharmacy/medical supplies. Our client faced a sentence of more than ten years.
Resolution: After plea negotiations and a sentencing hearing, the pharmacist was sentenced to six months' house arrest.


Representing A Physician

Venue: Federal Court, Eastern District, California (Grand Jury Investigation) 2006
Background: Health Care Fraud Unit investigation of physician who was paid $25,000 a month to allow non-physicians to operate a medical clinic, billing Medicare under his name. Pre-filing conference and submissions showed that the physician was unaware of the fraud perpetrated under his name.
Resolution: After our extensive pre-filing preparation and presentation to the U.S. Attorney's Office, the criminal case was rejected and no charges were filed.

Venue: Federal Court, Central District, Chicago, Illinois (2006)
Charge: Health care/wire fraud upon Blue Cross/Blue Shield
Background: Our client, a physician, created a false patient chart to support a pharmacist's fraudulent billing. The physician met with FBI without an attorney on three occasions, during which she made false statements. She later confessed.
Resolution: After the indictment, we negotiated a plea as "accessory after the fact," and the physician received only a six-month sentence.

Venue: California State Court (2007)
Charge: Medi-Cal fraud, whereby a physician's employee fabricated medical records and his office billed over $100,000 for services not rendered
Resolution: Dismissal of all charges at preliminary hearing. The physician subsequently regained his Medi-Cal provider number from Department of Health Care Services and was not disciplined by Medical Board.

Venue: California State Court (2004)
Charge: Medi-Cal fraud and identity theft in a multi-defendant case relating to pharmacy billing
Resolution: After our extensive investigation, a meeting was held and the entire felony case was dismissed prior to preliminary hearing. The physician's temporary Medi-Cal suspension as a result of the criminal charges was also lifted.

Venue: California State Court (2000)
Background: Our client, a physician, was a medical resident who also worked at a doctor's office. She was secretly taped with patients who had been recruited off the street and paid to go to her office. But she did not know about the referral fees or that patients were told to what tell her during their visits. Her Medi-Cal provider number was suspended, and the Medi-Cal Fraud Unit indicated that it intended to file criminal charges.
Resolution: After our extensive pre-filing preparation and presentation, and appeal to Department of Health Services, the criminal case was rejected and the suspension of the physician's Medi-Cal number was overturned. She was able to return to her residency program.

Venue: California State Court (2008)
Charge: Medi-Cal fraud and grand theft relating to billing for services not provided and alleged abuse of the presumptive eligibility program for low-income pregnant women
Resolution: We obtained a guilty plea by the physician's corporation and dismissal of all individual charges against the physician, thus preserving his professional license.

Venue: California State Court (2005)
Background: A physician's office was subjected to a search warrant for alleged Medi-Cal fraud.
Resolution: After our extensive motion preparation and filing, the criminal case was rejected and no charges were ever filed. The Attorney General's Office agreed to return all the physician's files and computers, which had been sealed and never reviewed by governmental agencies.

Venue: Ventura County Superior Court (2006)
Background: A physician's records were seized on the basis of a search warrant showing payments of over $120,000 for patient referrals and split fees with non- physician partners. The physician, who spoke to investigators and confessed to paying marketers $20 per patient, faced state prison.
Resolution: Our client was sentenced to probation. After he completed probation, the case was reduced to a misdemeanor and his conviction was expunged.

Venue: El Dorado County Superior Court (2003)
Charge: A physician allegedly improperly prescribed a prescription drug (oxycontin) in triplicate, which resulted in the death of a patient.
Resolution: We obtained complete dismissal of criminal charges.


Representing A Laboratory Owner

Venue: Federal Court, Central District, California (Grand Jury Investigation) 2007
Background: Investigation of monies paid by a laboratory to third parties, which the government contended were illegal referral fees in violation of the Anti-Kickback Statute
Resolution: After our investigation, witness interviews and presentation to the U.S. Attorney's Office, the criminal case was rejected and no charges were filed.


Representing A Medical Biller

Venue: Federal Court, Central District, California (2004)
Charge: Health care fraud of over $1 million and bribery of federal Medicare officials. The biller faced a sentence of more than 10 years.
Resolution: After our extensive sentencing workup and preparation, our client was sentenced to six months' house arrest.


Representing A Nurse

Venue: Los Angeles County Superior Court (2004)
Charge: Medi-Cal fraud-"ghost billing" for home health services not performed
Resolution: The charge was reduced to a misdemeanor, and our client obtained probation. The charge was later expunged, and our client retained her nursing license.


Representing A Nutritional Counselor

Venue: California State Court (2008)
Charge: One count of grand theft and 17 counts of practicing medicine without a license, relating to treatment of individuals with cancer
Resolution: After a one-month jury trial, our client was found "not guilty" and acquitted of all 18 counts.


Representing The Owner Of An Optical Dispensary

Venue: Los Angeles County Superior Court (2002)
Charge: Medi-Cal fraud-alleged $2 million of improper billing for eyeglasses. Our client faced a five-year sentence in state prison.
Resolution: After pretrial negotiations and a plea agreement, we obtained an order stipulating that the nine-month sentence could be served in restitution center.