Orange County Criminal Lawyer Blog

Santa Ana, Orange County - Santa Ana man, Michael Martinez recruited members of a Santa Ana gang to help him commit Medicare fraud. He and 20 other defendants planned to defraud Medicare by making fraudulent orders on wheelchairs, orthothics and hospital beds. Some of the defendants were supposed to act as owners of a medical supplies company. They submitted around 11.2 million dollars of fraudulent claims to Medicare. He is expected to plead guilty.

Under California criminal law, Medicare fraud falls under a set of crimes called "white collar crimes". These crimes usually deal with crimes like embezzlement, healthcare fraud, identity theft, grand larceny and credit card fraud. In cases like this one, the suspect usually faces grand theft charges. Grand theft can be defined California Penal code under section 487. Grand theft or grand larceny, is committed when what was stolen amounts to more then $400. This charge is usually charged as a felony which means that the person being charge will have to pay fines and serve a prison sentence.

Any of the white collar crime like embezzlement is considered very serious charges, and most of the time they get charged as felonies. This can mean long sentences, large fines and having to pay restitution. Retaining an experienced Irvine white collar crime defense attorney or a skilled Newport Beach fraud defense attorney is imperative when defending white collar crimes, grand theft, or fraud charges, such as medical fraud or health care fraud.

Continue reading "Santa Ana Gang Commits Medicare Fraud and Grand Theft" »

Huntington Beach, Orange County - Huntington Beach couple Mary Jones and Miguel Orozco were arrested for suspicion of burglary. Police had been investigating a series of commercial burglary cases in the Huntington Beach area. The couple was stopped for a traffic violation when the officer noticed the stolen property in the back seat of their car. The victim of the burglary was able to identify their property that had been stolen by the couple. They are being held on burglary charges.

Huntington Beach criminal defense attorney Michael Guisti, who spent years defending theft crime charges in Orange County and commented on this case. He states that the charge of burglary can be found in the California Penal code section 459. It defines burglary as entering a residential area with the intent to commit a crime while inside. This is also called first-degree burglary, and is usually charged as a felony. However this cases deals with commercial buragalry. It is also referred to as second-degree burglary. This is the lesser of the two burglaries and can be charged as either a misdemeanor or a felony.

Having a burglary charge on your record can be serious. The Orange County criminal process may seem confusing to a person that is facing a theft crimes charge like burglary. Hiring an experienced Newport Beach criminal defense attorney and Costa Mesa Theft Crime defense attorney to help lead you through the court system is the most important step in defending your theft crimes charge.

If you or someone you know has been investigated or arrested for theft crimes, either a misdemeanor or a felony theft crime, whether it is embezzlement, grand theft, shoplifting, fraud, white collar crime, financial fraud, medical fraud, health care fraud, insurance fraud, petty theft, or any type of theft crimes, you need to have an experienced and qualified Orange County theft crime attorney or an Irvine criminal attorney to protect your rights immediately.

Continue reading "Huntington Beach Couple Arrested for Theft and Burglary " »

Orange County - Dr. Steven Kooshian was sentenced to 15 months in federal prison for not giving his patients the correct dosage of their medication. Kooshian is a well know AIDs doctor in Orange County and runs many clinics. He pled guilty to two counts of health care fraud and two counts of making false statements relating to health-care matters. Kooshian would purposely prescribe or administer a lower dosage of the patients AIDs medication.

Kooshian's assistant Virgil Opinion, was the person that had started this investigation. He had been Kooshian'd assistant for more that 10 years. He terminated his employment with the doctor and then went to the press with the information. He told the police that his conscience had been killing him. He pled guilty to being an accessory to the crime and will serve three years probation and is ordered to pay restitution jointly with Kooshain.

According to Orange County criminal attorney and professional license defense attorney, Los Angeles Medical fraud defense attorney, Michael Guisti, that under the California Insurance Code Section 1871.4 and California Penal Code Section 550, a person who is charged with healthcare fraud in a situation when he / she makes a false statement to obtain or deny insurance benefits while claiming for insurance. the person could also be charged with penal code section 118 together as the insurance claim is based on false statement.

Continue reading "Orange County Doctor charged with health care fraud for Skimping on AIDS Medicine" »

Orange County - According to Orange County Register, a man who illegally practiced medicine, distributed unapproved drugs, and ran an unauthorized HMO was sentenced today to five years of probation and 270 days in jail.

Daryn Wayne Peterson plead guilty to several charges including: one felony count each of the unauthorized practice of medicine, operating a health care service plan without a license, offering an unapproved drug for cancer treatment, and one misdemeanor count of selling misbranded food.

Not only did Peterson practiced medicine without a license, but also claimed to have obtained his PhD from "Canterbury University." However, investigators found out anyone can get a "degree" from "Canterbury University" for $180 from an internet website. Peterson illegally ran an HMO under "National Health Care Organization," which claimed "doctors" can cure cancer patient without surgery. These "doctors" were not licensed to practice medicine in California.

The practicing of medicine without a license or nursing without a license is also known as the unauthorized practice of medicine. Practicing medicine without a license can include the examples such as: claiming to be a doctor without a license, using the letters "M.D." or "D.O.", prescribing medication to a person without a license, providing medical treatments without a license, etc.

Medical doctors who practice medicine outside of their scope of license are also considered as an unauthorized practice of medicine. The same goes for doctors who had their medical license revoked but continues to practice medicine.

Orange County criminal attorney and Los Angeles professional license defense lawyer, Michael Guisti, recently discussed about this case in an interview. He commented that unlawful practice medicine in California, whether in Orange County, Los Angeles, San Diego, Newport Beach, Irvine, Beverly Hills, can be charged by Business & Professions Code section 2052(a), grand theft by deception (Penal Code section 487(a), or perjury (Penal Code section 118(a), all of them are considered as felonies.

Under California law, practicing medicine without a license is a serious crime and can be punished by jail and prison sentences, fines, community service, and parole. In addition, practicing medicine without a license can result in civil action. The victims can institute a civil lawsuit against the person pretending to be a doctor for assault, battery, emotional distress, etc.

If you have been charged with unauthorized practice of medicine, whether you are a doctor, physician, a surgeon, a doctor, a nurse or a medical health care professional, it is imperative to retain an experienced criminal defense attorney and professional license defense attorney immediately.

Continue reading "Orange County 'Doctor' practicing medicine without license is sentenced " »

NEWPORT BEACH, Orange County - A Newport Beach woman, Bethany Jane Brady, who was working as an account for a Newport Beach salon for13 years, was charged with grand theft and embezzlement for stealing more than $250,000 from the employer. Brady had been using funds from the salon's account for her personal use for the past three years. Brady was convicted of grand theft, embezzlement and identity theft.
Brady was sentenced to two years in state prison for felony theft crime of embezzling more than $250,000 from the Newport Beach salon. Besides, she also has to pay $250,000 in restitution. She was also facing enhanced sentencing for stealing more than $200,000.

There are various charges involved with theft crimes and white collar crimes, such as grand theft, fraud, embezzlement, insurance fraud, bank fraud, real estate fraud, credit card fraud, forgery, medical fraud, shoplifting and petty theft.

Under California law, embezzlement is defined as illegal transfer of money for personal use. In California, embezzlement is also called employee theft crime. It is a theft crime that committed by employees.

In a case involved someone such as Bethany Brady, who steals money from the employer for the amount over $400, can be charged with a serious Grand Theft and embezzlement. It can be charged as either a misdemeanor or a felony. If the person is charged with felony Grand Theft, the punishment usually includes: state or federal prison, restitution, Fines and more. If you have been charged with white collar crime or embezzlement or grand theft in California, it is important to hire an experienced Los Angeles Theft crime attorney or Orange County white collar crime attorney to protect your rights.

Continue reading "Newport Beach Woman convicted of Felony Grand Theft and Embezzlement" »

SANTA ANA, Orange County - A man was charged with felony count of illegally practicing medicine, and operating an illegal HMO health plan without a California practice license. According to the Orange County District Attorney, Daryn Peterson pleaded guilty to the above charges on Tuesday. He practiced medicine without California state license. He will be facing several years in prison.

Under California Law, White-collar crimes and fraud charges involving professional license are serious and complex cases. Most of these types of cases are filed in federal court. If convicted, it can carry severe punishment and penalties, such as prison time, substancial fines.

If you have been arrested for white collar crimes or a fraud charge in Southern California, it is crucial to seek legal help from an experienced Southern California white collar crime attorney or a professional license defense attorney to protect your rights. Our criminal attorneys have many years of experience handling white crimes and fraud crime defense, such as medical fraud, medicare fraud, healthcare fraud, insurance fraud, credit card fraud, identity fraud, internet fraud, grand theft.

Continue reading "A Santa Ana "Doctor" Pleaded Guilty for practicing without a license " »

SANTA ANA, Orange County - An Orange county caretaker is charged with Grand Theft, aggravated white collar crime and fraud for stealing more than $100,000 from disabled people by writing checks from their accounts.

Shandie Rosete, of Placentia, was a caretaker for an Orange County nonprofit organization helping disabled adults. She was charged with felony grand theft for stealing over $100,000 by making 663 checks and transfer to her personal account.from 2004 to 2007. She is charged with 14 felony fraud, grand theft plus sentencing enhancements for aggravated white collar crime of more than $100,000.

SANTA ANA, Orange County - A former corporate Executive, Tracy Salcido, of Yorba Linda, was sentenced to 12 years in prison for stealing $780,000 from the Non-profit organization. She pled guilty to 225 felony counts of embezzlement, Grand Theft, Fraud, forgery and falsifying records. She was ordered by Orange County Superior court judge to pay $1.15 million in restitution for the theft crime charges.

She worked as the CFO for Orangewood Children's Foundation during 1999 to 2005, a nonprofit organization that provides supports to young children. During this time, Salcido stole over $780,000 by forging 206 checks from the business accounts to her personal account.

After she was arrested, she was ordered to pay $500,000 for the settlement of the fraud lawsuit by Orangewood.

California Fraud and white collar cases are usually very complex and time consuming cases and may take months or years of investigation. Most of the White Collar Crimes and Fraud Charges are felony charges. There are some most common types of white collar crime and financial fraud, medical fraud, including: At Law Offices of Michael L. Guisti, our experienced Southern California White Collar Crime Attorney and Professional License Defense Attorney provide aggressive defense in array of white-collar crimes throughout Southern California, Orange County, Los Angeles, San Diego, Riverside and San Bernardino in both State and Federal court, including:

Mortgage fraud / Real Estate Fraud; GrandTheft Penal Code Section 487(a); Medical Fraud / Medicare Fraud; Embezzlement (Penal Code Section 487(a) or Penal Code Section 504); Mail and wire fraud: Corporate Accounting Fraud; forgery and falsifying records; Conspiracy; Stock Fraud; Securities Fraud' Computer Fraud / Internet Fraud; Corporate Fraud; Money Laundering; Insurance Fraud

White-collar and fraud crime are one of the most aggressively prosecuted crimes for both state and federal prosecutors. If convicted, the punishment is severe and the consequences are very serious. It's very critical to have an experienced and aggressive defense lawyer to represent you. A successful defense can make a big difference to your case.

In fraud and white collar crime cases, it is essential that you consult an experienced and skilled Southern California Criminal defense lawyer who has extensive knowledge in White Collar Crime defense and Professional License Defense. To schedule a confidential consultation, contact white collar crimes attorney at Law Offices of Michael Guisti today.

Continue reading "Orange County Corporate Executive Convicted of Felony Embezzlement, Fraud and White Collar Crime" »

Orange County, California - Several people of Orange County have been arrested for Medicare fraud through fake billings for medical supplies. They fraudulently claimed $26 million from the federal insurance program.

Michael Martinez, of Long Beach and 6 others were arrested Oct. 21, is charged with health care fraud and for making false statements to the government. If convicted, he is facing 75 years in federal prison.

Health Care Fraud or medicare fraud is a serious charge, and it can be charged with Felony.depending on the seriousness of the case. Under the California law, Insurance Code Section 1871.4, Penal Code Section 118 and Penal Code Section 550, health care fraud is defined as claiming insurance with false statement to obtain insurance benefits. Health care fraud is one of the most aggressively prosecuted crimes.

The Medical Fraud or health care fraud is a very serious crime, and the punishment is harsh. If convicted, it could have a very strong impact on your life and future.

Whether you are a doctor, physician or health care provider, if you or someone you know have been arrested or investigated for medical fraud or health care fraud, it is crutial to hire an experience Southern California Healthcare Fraud Defense Attorney to defend you.

Continue reading "Orange County Men Arrested for Medicare Fraud " »

SANTA ANA, Orange County -Orange County Superior Court Judge Today sentenced a woman of Costa Mesa to 10 years in prison for her conviction of $154 million medical insurance fraud. It is believed to be the largest medical insurance fraud prosecution in the nation.

Sue Nanda, 40, of Costa Mesa, was convicted of 22 counts of felonies in Feb, 2009 for working as a "capper,'' or "marketer" under Unity Outpatient Surgery Center in Buena Park by recruiting 310 patients to have unnecessary surgeries.

Nanda had made $2.35 million profit from 2001 to 2004 for providing her service to doctors by selling the surgeries to patients and persuading them to undergo unnecessary surgical procedures in exchange for money.

It's the largest medical fraud in Orange County and the nation. Deputy District Attorney in this case asked the Judge to give her a sentencing of 20 years in prison.

Nanda's criminal defense lawyer, E. Thomas Dunn, argued that she was not aware of her activities were illegal and she was used by other people, thus she should be given a probation.

This Insurance Fraud case also involves the charges against three doctors, a lawyer and eight other "cappers". The alleged doctor, William Hampton Jr., was sentenced to 16 years in prison.

The sentencing for the other defendants, Dr. Michael C. Chan and Dr. Mario Z. Rosenberg is still pending.

Under California criminal Law, Medical fraud defines as paying / receiving kickbacks for Medi-Cal billing referrals.

Medical fraud is serious crime. Health insurance data shows that about 3% - 10% of Medicaid budget every year was wasted due to medical fraud. California's Medi-Cal losses can reach billions of dollars annually.

According to criminal Penal code section: Individuals receiving or encouraging another to receive health care could be convicted of either a Felony or misdemeanor, depending on amount of fraud.

The charges for soliciting or receiving medical kickback or bribe can be either a Misdemeanor or felony depends on the individual case.

Continue reading "Costa Mesa Woman Convicted of Largest Medical Insurance Fraud " »