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
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