The Criminal Defense Attorneys of Kestenbaum, Eisner & Gorin LLP, a premier Los Angeles Fraud Defense Firm, have successfully represented numerous clients accused of state and federal healthcare fraud offenses involving allegations of Medi-Cal and Medi-Care theft.
The firm specializes in representing medical service providers and healthcare professionals, who are facing state and federal criminal fraud charges, as a result of working in: (1) Pre-Natal Care Facilities; (2) Durable Medical Equipment Sales; (3) Home-Health Care; (4) AIDS Infusion Therapy; (5) Adults Day-Care Facilities. Criminal fraud allegations charged by the government include the practice of fraudulent billing, false cost reports, kickbacks or capping, and the unlawful practice of medicine. The government thoroughly investigates theses cases, sometimes for years, and is tenacious in prosecuting suspects charged with Medi-Care and Medi-Cal fraud.
The firm's recent courtroom successes are listed below. In each instance, the accused was facing multiple years in state or federal custody if convicted:
A licensed medical doctor was accused of forging patient files to increase Medi-Cal benefits, causing a $3 million fraud in Los Angeles County. The firm obtained a dismissal of all felony charges after demonstrating intentional government misconduct violated the client's due process. The government is appealing the dismissal.
An unlicensed nurse was accused of engaging in the unlawful practice of medicine while using a California nursing license that did not belong to her. The alleged fraud spanned several years, exceeded $250,000, and was charged in federal court. The firm was able to secure a no-jail disposition for the client.
A business owner operating an Adult-Day Health Care in Ventura County, with over $5 million Medi-Cal billing, was accused of fraud. The case was dismissed by the magistrate during the preliminary hearing due to insufficient evidence.
An insurance agent was accused of collecting premiums from client businesses and then failing to purchase policies for them. Our lawyers obtained a probationary disposition with no jail time, after restitution was made. The DA recommended a jail sentence.
Source
Sunday, February 28, 2010
Monday, February 15, 2010
Michael Jackson's Physician Gets Criminal Defense Lawyer
As expected, Dr. Conrad Murray, the former personal physician of the late Michael Jackson, has hired a criminal defense attorney to help with the potential manslaughter prosecution after giving the pop icon too many harmful drugs.
The lawyer, Michael Flanagan of Glendale, has been involved in a similar case where a nurse was charged with manslaughter for administering the same drug thought to have killed Jackson: propofol. She was acquitted.
The trial date is still up in the air. In fact, the district attorney's office has stated that no decision has been made in Murray's case, although the doctor is listed on filed search warrant documents as the target for a manslaughter probe.
As for a jury? Murray's lawyers said that if one had been chosen yet, they haven't heard of it.
Source
The lawyer, Michael Flanagan of Glendale, has been involved in a similar case where a nurse was charged with manslaughter for administering the same drug thought to have killed Jackson: propofol. She was acquitted.
The trial date is still up in the air. In fact, the district attorney's office has stated that no decision has been made in Murray's case, although the doctor is listed on filed search warrant documents as the target for a manslaughter probe.
As for a jury? Murray's lawyers said that if one had been chosen yet, they haven't heard of it.
Source
Thursday, January 28, 2010
Hearing in Los Angeles Court for BART cop murder of Oscar Grant
It has been one year since Oscar Grant was brutally murdered by BART policeman Johannes Mehserle. The power of the people of Oakland and the Bay Area has ensured that he is standing trial for murder and not getting away unscathed as is the normal practice in police killings and brutality of our community members.
Over the course of 2009 there have been hundreds of regular folks like grandmothers, students, young, old, black, white, latino and asian demanding justice for Oscar Grant in the manner and tradition that people the world over have demanded egregious wrongs be corrected: taking to the streets to demand justice. After days and nights of rebellion in the streets of Oakland, the DA had to arrest the former BART cop for murder. The uprising also came with police repression. Over 100 people were caught up in the police sweep and arrested. Eventually all charges were dropped except felony charges against two people which are still pending.* There can be no peace without justice.
Numerous teach-ins, workshops, video showings, and the resurgence of Oakland Cop Watch are just a few of the outstanding things that have materialized as a result of the movement that has emerged to fight for justice for Oscar Grant and all victims of police brutality such as Anita Gay of Berkeley and Gary King of Oakland.
The drama in the courtroom has been a real-life learning experience for many. Mehserle had his motion granted to move the trial to Los Angeles and there is a slight possibility that it can be moved once again to San Diego.
Friday, January 8th was the first hearing in the case of the People v. Mehserle in the Los
Angeles Superior Court. Over 100 people rallied in front of the criminal court building in downtown Los Angeles in the 77 degree summer-like weather. There were a large number of folks from Oakland and the Bay Area that traveled to attend the hearing and Oscar Grant’s family was well represented there. The Oakland Assembly for Justice for Oscar Grant and the LA Coalition for Justice for Oscar Grant has joined together in organizing their respective communities to fight for justice for Oscar. The lively crowd of mostly black and brown young folks enthusiastically stood in solidarity with the family and the community against the racist police killing of Oscar Grant. Police brutality in the Los Angeles area is at an epidemic level with over 80 people murdered by the LA police & sheriffs in the past two years.
The trial judge is Robert Perry who stated for the record that he never saw the video on television of Mehserle shooting Oscar Grant III. Although the judge said he didn’t know anything about the case, many observers in the courtroom found it unbelievable. Despite the court media representatives wanting cameras in the courtroom, the judge refused to grant permission for Oakland KTVU, Channel 2’s request to film the proceedings.
Judge Perry renewed the gag order that Judge Jacobson in Oakland had ordered for all parties involved in the trial. Mehserle’s attorney actually had the audacity to ask the judge to include the Grant family’s attorney, John Burris, who is representing them in their $50 million civil suit, to be included in the gag order. The judge refused to grant that request.
The judge said he expected the trial to begin in mid-May and even threatened that if the trial takes five years it will be heard in his courtroom. The next hearing in the case will be Friday, February 19 at 8:30 a.m. to hear Mehserle’s motions to reduce his $3 million bail and to disqualify the District Attorney.
“We will continue to be here to demand justice for Oscar Grant” say Aige of the LA Coalition for Justice for Oscar Grant.
Source
Over the course of 2009 there have been hundreds of regular folks like grandmothers, students, young, old, black, white, latino and asian demanding justice for Oscar Grant in the manner and tradition that people the world over have demanded egregious wrongs be corrected: taking to the streets to demand justice. After days and nights of rebellion in the streets of Oakland, the DA had to arrest the former BART cop for murder. The uprising also came with police repression. Over 100 people were caught up in the police sweep and arrested. Eventually all charges were dropped except felony charges against two people which are still pending.* There can be no peace without justice.
Numerous teach-ins, workshops, video showings, and the resurgence of Oakland Cop Watch are just a few of the outstanding things that have materialized as a result of the movement that has emerged to fight for justice for Oscar Grant and all victims of police brutality such as Anita Gay of Berkeley and Gary King of Oakland.
The drama in the courtroom has been a real-life learning experience for many. Mehserle had his motion granted to move the trial to Los Angeles and there is a slight possibility that it can be moved once again to San Diego.
Friday, January 8th was the first hearing in the case of the People v. Mehserle in the Los
Angeles Superior Court. Over 100 people rallied in front of the criminal court building in downtown Los Angeles in the 77 degree summer-like weather. There were a large number of folks from Oakland and the Bay Area that traveled to attend the hearing and Oscar Grant’s family was well represented there. The Oakland Assembly for Justice for Oscar Grant and the LA Coalition for Justice for Oscar Grant has joined together in organizing their respective communities to fight for justice for Oscar. The lively crowd of mostly black and brown young folks enthusiastically stood in solidarity with the family and the community against the racist police killing of Oscar Grant. Police brutality in the Los Angeles area is at an epidemic level with over 80 people murdered by the LA police & sheriffs in the past two years.
The trial judge is Robert Perry who stated for the record that he never saw the video on television of Mehserle shooting Oscar Grant III. Although the judge said he didn’t know anything about the case, many observers in the courtroom found it unbelievable. Despite the court media representatives wanting cameras in the courtroom, the judge refused to grant permission for Oakland KTVU, Channel 2’s request to film the proceedings.
Judge Perry renewed the gag order that Judge Jacobson in Oakland had ordered for all parties involved in the trial. Mehserle’s attorney actually had the audacity to ask the judge to include the Grant family’s attorney, John Burris, who is representing them in their $50 million civil suit, to be included in the gag order. The judge refused to grant that request.
The judge said he expected the trial to begin in mid-May and even threatened that if the trial takes five years it will be heard in his courtroom. The next hearing in the case will be Friday, February 19 at 8:30 a.m. to hear Mehserle’s motions to reduce his $3 million bail and to disqualify the District Attorney.
“We will continue to be here to demand justice for Oscar Grant” say Aige of the LA Coalition for Justice for Oscar Grant.
Source
Monday, December 28, 2009
Los Angeles City Council disagrees with City Attorney; medicinal marijuana sales are still legal
In an unexpected move, two members of the Los Angeles City Council rightfully stood up against the new City Attorney, Carmen Trutanich, and his attempt to eliminates medicinal marijuana sales in L.A. despite the citizens' desire for them to stay legal.
The City Council members voted after a hearing about the proposal, which "neighborhood activists" supported and medicinal marijuana providers and patients opposed.
The ban would have probably put Los Angeles' estimated thousand of dispensaries out of business with the threat of criminal prosecution. Thankfully, two City Council members were willing to thwart the City Attorney's attempt to make medicinal marijuana sales illegal in L.A..
The ban also would have created even more unemployed citizens in the place of medicinal marijuana providers, and patients would have been forced to venture outside the city's limits to obtain the medicine that they need..
Los Angeles citizens should be proud that their elected representatives are willing to stand up to the City Attorney's attempt to vanquish medicinal marijuana in spite of the citizens' obvious desire for dispensaries to continue to operate legally.
Source
The City Council members voted after a hearing about the proposal, which "neighborhood activists" supported and medicinal marijuana providers and patients opposed.
The ban would have probably put Los Angeles' estimated thousand of dispensaries out of business with the threat of criminal prosecution. Thankfully, two City Council members were willing to thwart the City Attorney's attempt to make medicinal marijuana sales illegal in L.A..
The ban also would have created even more unemployed citizens in the place of medicinal marijuana providers, and patients would have been forced to venture outside the city's limits to obtain the medicine that they need..
Los Angeles citizens should be proud that their elected representatives are willing to stand up to the City Attorney's attempt to vanquish medicinal marijuana in spite of the citizens' obvious desire for dispensaries to continue to operate legally.
Source
Tuesday, December 15, 2009
In rebuff to city attorney, council committees support pot dispensaries
Two Los Angeles City Council committees rejected the advice of the city attorney and voted Monday to approve an ordinance that allows marijuana dispensaries to continue to sell the drug to people with a doctor's recommendation.
The city attorney's office has maintained for a year and a half that Los Angeles has no choice but to ban sales because state law and court decisions are clear that collectives can only cultivate marijuana. That opinion had stalled the council's deliberations because dispensary operators insisted it would force them to close.
Four hours into a raucous hearing, frustrated council members decided to replace the provision with one that authorizes cash contributions as long as they comply with state law, which prohibits collectives from making a profit.
"When can we finally stop the merry-go-round?" said Councilman Dennis Zine, who urged his colleagues to discard the city attorney's version. "We're going to come back with another version and another version, and it's going to be 2010, and then 2011 and 2015, and we'll be dead by then and we won't accomplish anything."
The decision broke the major deadlock on the contentious issue. The planning and Public Safety committees sent the draft ordinance to the full council, which is likely to consider it Wednesday.
"We need something on the books now. There is no reason why we should delay," said Councilman Ed Reyes, who has overseen the council's effort to write an ordinance.
Don Duncan, a Los Angeles resident who is the California director of Americans for Safe Access, said he believed the decision would resolve one of the last obstacles. "It sounded like they were going to let a patient walk in and reimburse a collective for their medicine. We can live with that," he said.
The council's action came after a judge ruled last month that the city's 2007 moratorium on new dispensaries was illegally extended, which essentially left the city with no rules that it could rely on to shut down the hundreds of stores that have opened in the last two years.
Some council members responded favorably to the city attorney's suggestion to consider capping the number of dispensaries. Councilman Jose Huizar proposed a cap of 70, allowing two in each of the 35 community plan areas.
"Hopefully, that will allow us to control for the over-concentration," he said.
Almost 400 people crowded into the main council chamber and about 70 spoke, most testifying passionately about the medical value of marijuana and the role dispensaries play. If the council members decide to ban sales, said Degé Coutee, who runs the Patient Advocacy Network, "You will create a black market overnight. You will turn good citizens into criminals overnight. And you will get the city involved in costly litigation for years to come."
The city attorney's office has maintained for a year and a half that Los Angeles has no choice but to ban sales because state law and court decisions are clear that collectives can only cultivate marijuana. That opinion had stalled the council's deliberations because dispensary operators insisted it would force them to close.
Four hours into a raucous hearing, frustrated council members decided to replace the provision with one that authorizes cash contributions as long as they comply with state law, which prohibits collectives from making a profit.
"When can we finally stop the merry-go-round?" said Councilman Dennis Zine, who urged his colleagues to discard the city attorney's version. "We're going to come back with another version and another version, and it's going to be 2010, and then 2011 and 2015, and we'll be dead by then and we won't accomplish anything."
The decision broke the major deadlock on the contentious issue. The planning and Public Safety committees sent the draft ordinance to the full council, which is likely to consider it Wednesday.
"We need something on the books now. There is no reason why we should delay," said Councilman Ed Reyes, who has overseen the council's effort to write an ordinance.
Don Duncan, a Los Angeles resident who is the California director of Americans for Safe Access, said he believed the decision would resolve one of the last obstacles. "It sounded like they were going to let a patient walk in and reimburse a collective for their medicine. We can live with that," he said.
The council's action came after a judge ruled last month that the city's 2007 moratorium on new dispensaries was illegally extended, which essentially left the city with no rules that it could rely on to shut down the hundreds of stores that have opened in the last two years.
Some council members responded favorably to the city attorney's suggestion to consider capping the number of dispensaries. Councilman Jose Huizar proposed a cap of 70, allowing two in each of the 35 community plan areas.
"Hopefully, that will allow us to control for the over-concentration," he said.
Almost 400 people crowded into the main council chamber and about 70 spoke, most testifying passionately about the medical value of marijuana and the role dispensaries play. If the council members decide to ban sales, said Degé Coutee, who runs the Patient Advocacy Network, "You will create a black market overnight. You will turn good citizens into criminals overnight. And you will get the city involved in costly litigation for years to come."
Saturday, November 28, 2009
Kestenbaum, Eisner & Gorin, LLP Announce Major Los Angeles DUI Law Changes
Kestenbaum, Eisner & Gorin, LLP, a premier Los Angeles DUI defense law firm, is working to make the public aware of new state legislation involving new DUI laws impacting Los Angeles, Southern California and the rest of the state.
Governor Schwarzenegger recently signed into law major changes to Los Angeles DUI legislation which require certain drivers with prior DUI convictions to pass sobriety tests before driving. The first bill, proposed by Democratic Assemblyman Mike Feuer, established a pilot program requiring a breathalyzer to be installed in vehicles owned/operated by “first-time DUI offenders.” The breathalyzer will not allow the car to start until the driver measures a blood-alcohol concentration under the legal limit of .08% in California.
A second Los Angeles DUI law allows repeat DUI offenders to apply for a restricted driver’s license if they allow breathalyzers to be installed in their vehicles.
The Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin, is determined to provide top-notch legal representation for anyone charged with or arrested for DUI in Southern California. Drunk driving is a serious offense, and only a qualified Los Angeles DUI defense attorney can assist those who are facing serious consequences.
Los Angeles DUI Consequences
For anyone convicted of a DUI crime in Los Angeles, he or she can expect the following punishments:
· Hefty fines
· Potential jail time
· Restricted driving privileges
· Loss of driver’s license
· And long probationary periods
To properly defend against these consequences, contact the Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin. Their Los Angeles DUI Law Firm has a long track record of successfully defending people facing life-changing DUI consequences.
About Kestenbaum, Eisner & Gorin
The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP specialize in the aggressive defense of DUI (driving under the influence of either drugs or alcohol) charges resulting from drunken driving arrests throughout Southern California. The attorneys at Kestenbaum, Eisner & Gorin are Former Senior Los Angeles Prosecutors with more than 50 years experience litigating DUI charges in court and at DMV hearings. This Los Angeles DUI defense firm has been recognized as a Top 5% U.S Law Firm year after year, receiving a “Preeminent” rating from Martindale-Hubbell, a nationally-recognized lawyers’ review company. The firm specializes in defending DUI cases in Los Angeles Superior Courts including in the San Fernando Valley, the Santa Clarita Valley, Pasadena, Metro Court on 1945 S. Hill Street and throughout Southern California.
Source
Governor Schwarzenegger recently signed into law major changes to Los Angeles DUI legislation which require certain drivers with prior DUI convictions to pass sobriety tests before driving. The first bill, proposed by Democratic Assemblyman Mike Feuer, established a pilot program requiring a breathalyzer to be installed in vehicles owned/operated by “first-time DUI offenders.” The breathalyzer will not allow the car to start until the driver measures a blood-alcohol concentration under the legal limit of .08% in California.
A second Los Angeles DUI law allows repeat DUI offenders to apply for a restricted driver’s license if they allow breathalyzers to be installed in their vehicles.
The Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin, is determined to provide top-notch legal representation for anyone charged with or arrested for DUI in Southern California. Drunk driving is a serious offense, and only a qualified Los Angeles DUI defense attorney can assist those who are facing serious consequences.
Los Angeles DUI Consequences
For anyone convicted of a DUI crime in Los Angeles, he or she can expect the following punishments:
· Hefty fines
· Potential jail time
· Restricted driving privileges
· Loss of driver’s license
· And long probationary periods
To properly defend against these consequences, contact the Los Angeles DUI defense attorney team at Kestenbaum, Eisner & Gorin. Their Los Angeles DUI Law Firm has a long track record of successfully defending people facing life-changing DUI consequences.
About Kestenbaum, Eisner & Gorin
The Los Angeles DUI attorneys at Kestenbaum Eisner & Gorin LLP specialize in the aggressive defense of DUI (driving under the influence of either drugs or alcohol) charges resulting from drunken driving arrests throughout Southern California. The attorneys at Kestenbaum, Eisner & Gorin are Former Senior Los Angeles Prosecutors with more than 50 years experience litigating DUI charges in court and at DMV hearings. This Los Angeles DUI defense firm has been recognized as a Top 5% U.S Law Firm year after year, receiving a “Preeminent” rating from Martindale-Hubbell, a nationally-recognized lawyers’ review company. The firm specializes in defending DUI cases in Los Angeles Superior Courts including in the San Fernando Valley, the Santa Clarita Valley, Pasadena, Metro Court on 1945 S. Hill Street and throughout Southern California.
Source
Sunday, November 15, 2009
Los Angeles residents overhwelmingly oppose prosecuting medicinal marijuana despite prosecutors
Los Angeles residents overwhelmingly oppose prosecuting medicinal marijuana as prosecutors prepare for crack down, but this does not matter to District Attorney Steve Cooley or City Attorney Carmen Trutanich. In fact, that is no logical explanation for L.A.'s prioritizing of marijuana dispensary prosecution now.
Los Angelinos County residents clearly don’t mind medicinal marijuana and aren’t in favor of the plan developed by recently elected City Attorney Carmen Trutanich or three-term District Attorney Steve Cooley to crack down on medicinal marijuana dispensaries, which continues to be reported to be any minute away.
Although any new ordinance passed or policy enforced is unlikely to be the definitive aspect missing in someone's attempt to fully understand the Los Angeles Criminal Policy on Medicinal Marijuana Dispensaries, hopefully they will be able to provide a somewhat coherent reason why the City Attorney and District Attorney have determined that all medicinal marijuana dispensaries in Los Angeles are operating illegally and contrary to the thee).
Their reasoning, all dispensaries in Los Angeles are operated illegally, since they are operated for profit. Since they are illegal they are therefore not immune from prosecution for violation provisions of Senate Bill 420 or Health and Safety Code 11265, otherwise termed "the compassionate use act" of the California codes that make medicinal marijuana de-criminalized for patients and caregivers.
Regardless of this information, the new policy about to be put in effect by the LAPD, is still likely to be met with a huge amount of resident opposition. For instance, 74 % of Angelinos are in favor of medicinal marijuana policy, while 54% of Angelinos are in favor of complete legalization.
As an outside legal observer of the "legal justice system" in Southern California, I know now see D.A. Cooley use of Los Angeles County’s incredibly small economic resources toward the pursuit of “justice,” it must seem to absurd, that just as the Federal Drug Enforcement Agenicies to depoliticize the use of medicinal marijuana, so long as medicinal marijuana collective or dispensaries were legal under state law, that the top two prosecutors for the County and City of Los Angeles, have now decided to prosecute medicinal marijuana.
I cannot help but feel that is a further demonstration that the Los Angeles District Attorney’s Office is far more interested in catching headlines than actually pursuing a justice, and thus, Steve Cooley only recently seems to have decided that these unchecked dispensaries are a “menace” requiring resources expenditures.
Just as Steve Cooley’s decision to extradite Mr. Roman Polanski, 33 years after he allegedly committed a crime, and in direct defiance to the victim’s victims should strike others as a further demonstration that the District Attorney’s Office should receive additional oversight if it is so spend its resources in such an arbitrary manner.
Los Angelinos County residents clearly don’t mind medicinal marijuana and aren’t in favor of the plan developed by recently elected City Attorney Carmen Trutanich or three-term District Attorney Steve Cooley to crack down on medicinal marijuana dispensaries, which continues to be reported to be any minute away.
Although any new ordinance passed or policy enforced is unlikely to be the definitive aspect missing in someone's attempt to fully understand the Los Angeles Criminal Policy on Medicinal Marijuana Dispensaries, hopefully they will be able to provide a somewhat coherent reason why the City Attorney and District Attorney have determined that all medicinal marijuana dispensaries in Los Angeles are operating illegally and contrary to the thee).
Their reasoning, all dispensaries in Los Angeles are operated illegally, since they are operated for profit. Since they are illegal they are therefore not immune from prosecution for violation provisions of Senate Bill 420 or Health and Safety Code 11265, otherwise termed "the compassionate use act" of the California codes that make medicinal marijuana de-criminalized for patients and caregivers.
Regardless of this information, the new policy about to be put in effect by the LAPD, is still likely to be met with a huge amount of resident opposition. For instance, 74 % of Angelinos are in favor of medicinal marijuana policy, while 54% of Angelinos are in favor of complete legalization.
As an outside legal observer of the "legal justice system" in Southern California, I know now see D.A. Cooley use of Los Angeles County’s incredibly small economic resources toward the pursuit of “justice,” it must seem to absurd, that just as the Federal Drug Enforcement Agenicies to depoliticize the use of medicinal marijuana, so long as medicinal marijuana collective or dispensaries were legal under state law, that the top two prosecutors for the County and City of Los Angeles, have now decided to prosecute medicinal marijuana.
I cannot help but feel that is a further demonstration that the Los Angeles District Attorney’s Office is far more interested in catching headlines than actually pursuing a justice, and thus, Steve Cooley only recently seems to have decided that these unchecked dispensaries are a “menace” requiring resources expenditures.
Just as Steve Cooley’s decision to extradite Mr. Roman Polanski, 33 years after he allegedly committed a crime, and in direct defiance to the victim’s victims should strike others as a further demonstration that the District Attorney’s Office should receive additional oversight if it is so spend its resources in such an arbitrary manner.
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