January 22, 2010

Huntington Park Insurer Accused of Duping Client in White Collar Crime

While white collar crimes may not be as widely publicized as other types of illegal activity, the repercussions can be very serious. According to claimsjounal.com, a Huntington Park insurance agent faces one felony count of grand theft after she allegedly used a homeowner’s insurance premium payment for her own personal use. Reportedly, the woman provided the homeowner with a quote for homeowners insurance, issued the homeowner a counterfeit insurance certificate, and received automatic payment checks from the homeowner in the amount of $823.00 over the course of two years.

The California Department of Insurance (CDI) received a complaint from the wronged homeowner after he had contacted his previous insurance company to inquire why he had not received a new policy for the 2009 calendar year. The CDI informed the homeowner that he was not in fact covered by homeowner’s insurance and further investigation into the matter proved the statement to be true. The woman who sold the homeowner the coverage has previous convictions of grand theft on her record, and allegedly did not hold a valid license to sell insurance at the time she was previously convicted.

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November 24, 2009

White-Collar Medicare Fraud Lands 20 in Custody

Instances of white-collar crime involving Medicare have resulted in the indictment of 331 people across the country since March of 2007. According to the Associated Press, 20 people have recently been charged with filing fraudulent Medicare claims that amounted to the astronomical amount of $26 million. Reportedly, the fraudulent claims took the form of billing for pricey medical equipment that was not required to help any individual with his or her rehabilitation. In some instances, Medicare was billed for equipment that was never received, and in some cases billed for equipment that was supposedly purchased by individuals who were no longer even alive.

Medicare fraud is a problem that has plagued the health care industry for some time, costing the nation an estimated $60 billion each year. What makes many of these cases different though is the involvement local gangs have taken on as of late. That is, according to the article, one individual was accused of recruiting relatives and individuals linked to a Southern California gang to act as owners for fraudulent medical equipment companies. Furthermore, gang involvement has also resulted in acts of violence being enacted against individuals, typically to settle debts owed stemming from the funds collected on behalf of the fraudulent activity.

White-collar crime in Los Angeles is often non-violent, and involves either the theft of intellectual property, embezzlement of some kind, or defrauding a person or group out of money or services. White-collar crime can carry with it significant monetary fines, jail time, and can ultimately affect an individual’s ability to secure gainful employment even years after the alleged offense took place. In all instances where an individual is accused of crime, a white-collar defense attorney should be immediately retained in order to provide the accused with the strongest possible defense that their case warrants.

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September 29, 2009

Credit Card Cop Arrested for Fraud

The Las Vegas Sun recently reported that a North Las Vegas Police detective has been arrested for allegedly using a department credit card to make personal purchases. The 39-year-old has been placed on paid administrative leave while the investigation is being handled. The week-long investigation that led to his arrest was prompted when the department credit card went missing.

The accused detective has been charged with three counts of credit card fraud, and three counts of accepting merchandise obtained by unlawful use of a credit card, all considered felonies. If convicted of a felony crime, a person’s future is put in jeopardy and may face lengthy prison time, hefty fines capable of putting one in debt, and many other consequences.

In any event, it is important to remember that accusation of a crime does not necessarily mean that you will be found guilty. In is essential that the services of a skilled criminal defense attorney are sought to ensure that you are afforded the strongest possible defense in relation to an understanding of the extent of the charges against you.

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September 22, 2009

White-Collar Pastor Accused of Embezzlement

The Press Enterprise, pe.com, recently ran an article that talked about a pastor that has been accused of embezzlement and money laundering. The Compton-area pastor pled not guilty to both counts. The Double Rock Baptist Church has accused the former pastor of diverting funds from church bank accounts and using the funds for personal projects in his Corona home. If convicted, the pastor could face more than seven years in prison.

The Los Angeles County Sheriff’s Office has been investigating the preacher for some time now, even searching his home in 2008 and confiscating financial records that may have aided in securing his arrest. After the search, members of the church were threatened not to cooperate with the investigation at the risk of being barred from the church. While evidence collected and witness testimony will more than likely procure a conviction against the pastor, not all cases of white-collar crime in Los Angeles are as clear cut.

The trust given to those in charge of finances is tremendous. However, just because a person has access to funding does not mean that the person is going to, or already has, embezzled it.

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August 18, 2009

Indictment Offers Details of LA Gangs Workings

In our legal system, an indictment is a formal accusation that a person has committed a criminal offense. The LA Times online published an article about one such indictment, the document charges about 40 members and associates of the Columbia Lil Cycos -- a clique of the 18th Street gang -- with being involved in a racketeering conspiracy that allegedly involved murder, drug trafficking, money laundering, kidnapping and other crimes.

According to the indictment, the Mexican mafia, a notorious prison based organization that allegedly controls Latino street gangs were angered that a baby was killed in a botched “hit” of a street vendor. The vendor, a 37-year-old, had been refusing to pay the $50 weekly "rent" that he and others working near the corner of 6th Street and Burlington Avenue were expected to pay gang members. The gang members attempted to kill Clemente, but accidentally shot the baby.

The LA Gang involved, the 18th street gang, decided to take matters into their own hands and resolved the issue. They lured the gunmen to Mexico under the guise of hiding him from authorities, where they strangled him and left him for dead. The shooter did not die, however, and instead was picked up by police after being found in Mexico. He has since given authorities valuable information into the inner workings of the Mexican Mafia and 18th street gangs.

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July 20, 2009

Federal Judge Dismisses Most Serious Charges against LA Lawyer in an Illegal Campaign Finance Case

A latmes.com report on June 9, 2009 stated that U.S. District Judge S. James Otero has dismissed the most severe charges against well known attorney Pierce O’Donnell in an illegal campaign finance case. This is a definite hit to the prosecution’s case against O’Donnell. Otero ruled that prosecutors had wrongly charged O’Donnell with two violations of the Federal Election Campaign Act. Originally, U.S. attorney’s office had claimed that O’Donnell had violated the law by asking employees to make donations to the 2004 presidential campaign of John Edwards and then paid them back for their donations.

Judge Otero said that the law prosecutors referred to does not forbid such doings. O’Donnell’s attorney, George Terwillger, said, “The charges were dismissed because the U.S. attorney overreached in an attempt to use the law far more broadly than its terms allow.”

Prosecutors are reviewing Judge Otero’s 11 page ruling and are thinking about their options, including a review by the U.S. 9th Circuit Court of Appeals. Judge Otero did not dismiss a third charge that O’Donnell “knowingly and willfully” forced a treasurer of a political action committee to make false reports about the contributions.

White collar crimes under this category include: concealing assets during a bankruptcy; filing a false claim for postal or pension loss; possessing false papers in order to defraud the United States; making false credit applications; bank and deposit account fraud; using a computer, radio, or television to commit a fraud against another; and money laundering.

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July 6, 2009

San Bernardino Assessor Accused of Fraud and Crime While in Office

A latimes.com report from May 13, 2009 stated that an investigation into the offices of former assessor Bill Postmus has prompted the San Bernardino County Supervisors to file suit against Postmus and five of his co-workers in an attempt to recover hundreds of thousands of dollars. The report was done by former federal prosecutor John Hueston who gained fame for prosecuting Kenneth Lay and Jeffrey Skilling of Enron. The investigation revealed that crime, fraud, and drug use were a common occurrence in Postmus’s office. In addition, the 30 page document states that people not qualified for the job were hired and did not do any assessor related jobs but instead conducted unauthorized political campaigning. The investigation’s most shocking accusations are related to Postmus’s drug use. His assistant said he, “looked like he fell off a park bench.”

Colleagues even suspected him of inhaling canisters of DVD cleaner. Soon afterwards, Postmus was arrested on suspicion of possession of methamphetamine. He resigned in February.

Gary Ovitt, board Chairman, said, “As a taxpayer and as a public official, I find the activities detailed in the report deeply disturbing. There is certainly enough information in this report to compel the Board of Supervisors to pursue legal action against these individuals and seek damages for the taxpayers."

Officials have arrested three of those mentioned, who have posted bail. Postmus has been charged with six felonies and former assistant assessor Erwin is facing 10 felonies, mostly for failing to properly report gifts while in office.

In today’s world of politics and business, the line between what is ethical is sometimes misinterpreted and can lead to serious accusations of white collar crime. If you or a loved one has been accused of a white collar crime in San Bernardino, contact the skilled lawyers at the Law Offices of Lawrence Wolf. We have helped our clients win for over 30 years. Please call 1-866-390-7373 for a free consultation.

June 23, 2009

Los Angeles Pension Board Appointees Investigated By the SEC

The latimes.com website reported in an article on May 8, 2009 that two members of the Los Angeles Fire and Police Pension boards will retire due to a white collar crime investigation by the Securities Exchange Commission. Sean Harrigan, president of the Los Angeles Fire and Police Pensions board and Elliott Broidy, a colleague, both appointees of Mayor Antonio Villaraigosa, have resigned. The SEC sent them a letter requesting that they identify the income they had collected from companies conducting business with their agency. They have been asked to reveal their communications with companies being investigated in New York.

According to Harrigan, he left since the inquiry had made his agency’s board meetings increasingly disorderly and generated “a frenzy of media activity” that placed him “in eye of the storm.”

Harrigan said, “While I have done nothing wrong, I recognize that this entire matter has become a huge distraction for all parties involved in the business of operating an $11-billion public pension system.”

Matt Szabo, Villaraigosa spokesman, stated that the mayor, Harrigan, and Broidy had agreed that resigning was “the best course of action.”

Just one week earlier, Kelly Candaele, another pension appointee, was asked by Mayor Villaraigosa to resign the Los Angeles City Employees’ Retirement System. Reportedly he took part in a campaign fundraiser for the city attorney campaign of Jack Weiss, a violation of city laws.

Szabo said, “The mayor holds all of his commissioners to extraordinarily high standards, which includes avoiding even the appearance of impropriety.”

White collar crimes in Los Angeles are usually crimes of theft and deception committed by salaried professional people as opposed to other crimes that use force. White collar crimes can be prosecuted at the state level or federal level, or both. Penalties for being convicted of white collar crime typically consist of fines, restitution and, in some cases, prison.

The Los Angeles white collar crime defense attorneys at the Law Offices of Lawrence Wolf have a long history of successfully handling the defense of clients charged with all types of white collar crimes in California. If you are facing a white collar crime, please contact the Law Offices of Lawrence Wolf at 1-866-390-7373 for a free consultation.

June 4, 2009

Tustin Fraud and ID Thefts

The website hbindependent.com reported in an account on April 9, 2009 that former fugitive Gene Anthony Franklin Jr., 34 of Tustin, who had bought a home in Southern California valued at $685,000 using someone else’s information has been found guilty of perpetrating $2.8 million in fraud and stealing the identities of more than 12 victims.

Police went to Franklin’s house to arrest him on another warrant but he refused to come out taking a small child hostage. Police had Franklin’s ex-wife come to the house in an unsuccessful attempt to free the child. After many hours passed, the stand-off ended when a SWAT team entered the home and retrieved the child. Franklin eventually escaped into Mexico in the Fall of 2007 but was arrested a year later. A jury found Franklin guilty of 46 felony counts including identity theft, false impersonation, grand theft and attempted grand theft, resisting arrest, child abuse, conspiracy, forgery, failure to appear, attempted extortion, and dissuading a witness. He will be sentenced in June and faces up to 73 years and four months in prison.

White collar crimes in California are usually crimes of theft and deception committed by non-violent professional people as opposed to other crimes that use force. White collar crimes can be prosecuted at the state level or federal level, or both. Penalties for being convicted of a white collar crime typically consist of fines, restitution and, in some cases, prison.

The Law Offices of Lawrence Wolf have been successfully helping individuals charged with white collar crimes in California for over 30 years. Please call 1-866-390-7373 for a free consultation with a skilled Orange County criminal defense attorney today.

March 31, 2009

Huntington Beach Fraud, Forgery, and Elder Abuse of 84 Year Old Woman

The latimes.com website reported in a story on March 11, 2009 that the LAPD announced that Cindi Dee Powell, 54 had used an 84 year old woman’s name, robbing her of $200,000, and in doing so the woman now faces possible foreclosure. Police have arrested Powell and have charged her with grand theft, financial elder abuse, identity theft, vehicle theft, fraud, and forgery.

Police reports state that Powell moved in with Constance Wakefield after Wakefield found her classified advertisement. Wakefield requires a wheelchair to move around the house and someone to drive her to appointments. Wakefield had no idea that Powell was already on probation for elder abuse.

Starting sometime in 2006, using Wakefield’s name, Powell took out fraudulent loans and opened bank accounts. Now Wakefield is having trouble making her mortgage payments and could face foreclosure. Wakefield’s only option may be to move in with her daughter who now lives in South Africa.

White collar crimes in California are usually crimes of theft and deception committed by salaried professional people as opposed to other crimes that use force. White collar crimes can be prosecuted at the state level or federal level, or both. Penalties for being convicted of white collar crime typically consist of fines, restitution and, in some cases, prison.

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March 3, 2009

White Collar Crime of Glendale Man Gets Prison Time

The dailynews.com reported in a story on February 10, 2009 that Carlos Serrano, 64 of Glendale has been sentenced by the U.S. Justice Department to 18 months prison time and ordered to repay nearly $1,000,000 in restitution. He was convicted last September of bank fraud and conspiring to commit bank fraud against First International Bank of Connecticut and Export-Import Bank of the United States. Serrano is one of 8 people who were being investigated for conspiring to commit bank fraud worth more than $80 million.

White collar crime is used a lot these days, you hear it in the news and media, yet few know what it really means. White collar crime in Los Angeles is an act of theft or other criminal conduct which violates a corporate or government officer's fiduciary duties. Thus, if a person is acting in a position of financial trust or management for a client, a business, or a government agency, and they do something illegal, stealing the company's funds, for example, then that person has committed a white collar crime. Thus the key element in the definition of white collar crime is that a person has been placed in a position of trust and that they have used that position to unjustly enrich themselves at the expense of the organization or client for whom they work.

The Los Angeles white collar crime defense attorneys at the Law Offices of Lawrence Wolf have a long history of successfully handling the defense of clients charged with ALL white collar crime matters in California. Please call 1-866-390-7373 for a free consultation.

November 13, 2008

Orange County Doctor Faces Medicare Fraud Charges

An doctor is facing Orange County fraud charges for allegedly bribing patients to come to his Westminster clinic for massages that were then billed to Medicare as $2.3 million in physical therapy, The Orange County Register reports. Mark Thomas Paskewitz was reportedly indicted by a Santa Ana grand jury on 18 counts of health care fraud at QS Medical Group Inc. known earlier as Good Healthcare Inc.

Federal prosecutors say Paskewitz billed Medicare for massages that were performed by unlicensed, unsupervised employees. The Medicare patients were also paid illegal kickbacks so they would visit the clinics, the article said. If convicted on all counts, Paskewitz faces up to 10 years for each count.

Crimes such as fraud and bribery fall under the definition of white collar crimes in California. These types of crimes may be prosecuted as the State or Federal level, depending on the nature of crime and the location of the people who have been affected by the crime. If an individual has been convicted of committing a while collar crime, he or she may face a stiff prison sentence, house arrest or severe penalties and fines. More than anything else, a fraud conviction takes away your credibility as a professional and ruins your reputation as a business person.

If you have been accused of a white collar crime in California, please contact the Law Offices of Lawrence Wolf to find out more about how we fight these charges. Our Los Angeles white collar crime defense attorneys will work hard to keep you out of jail. Our main goal is your vindication. Call us today for a free consultation and case evaluation.

September 24, 2008

Insurance Fraud Staged Accident Fatality

Does a death in a staged accident equal murder?

In the first of its kind prosecution, a personal injury attorney, tried for the accidental death occurring during a staged accident ended in a mistrial. Bold new theories of second degree murder under a new theory of “vicarious liability” are being tested. See People v. Antick, 15 Cal.3d 79 @ p.86 (1975), Taylor v. Superior Court, 3 Cal.3d 578, 584 (1970), People v. Gilbert, 63 Cal.2d 690, 704 (1965). Call me for updates.

August 4, 2008

Criminal Fraud in Hollywood – Beware of Rackets, Cheats and Scams!

The entertainment industry is a fertile field for fraud. Between the psychological attraction of fame and fortune and the undeniable opportunities for talented people to make large sums of money, which they may have difficulty keeping track of, Hollywood abounds with crimes of fraud. Unfortunately, much of it goes unreported.

Since avoiding these situations is often preferable to reporting them, here are some of the rackets, cheats and scams to warn your clients about and hopefully some ways to prevent them:

Embezzlement. Unfortunately, “creative types” tend to disengage themselves from the details of their financial affairs, placing equal amounts of trust and temptation at the feet of one person. That person is often called a “Business Manager.”

Robert Youngdahl, Los Angeles Deputy District Attorney for the Major Fraud in the Entertainment and Motion Picture Division, reports that fraud is more often brought to light during recessionary times.

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