South Florida Criminal Attorneys Blog

Medicare Fraud; Federal probe spotlights South Florida clinics

October 4, 2012 | Michael B. Cohen, P.A.

South Florida healthcare professionals including doctors and nurses were detained and charged with submitting fraudulent claims to Medicare; totaling in excess of two-hundred million dollars.

Federal judge Peter Palermo set bail on most of the defendants between $100,000 and $150,000 each. A total of 33 South Florida health care professionals were arrested as part of the ongoing federal investigation.

In federal court one of the accused members of the group seemed confused, saying to Palermo “I don’t even know what I’m charged with.” Palermo told him, “You’re charged in a conspiracy to receive health care kickbacks.” Some of the defendants will face a hearing on Friday. .

Also in Miami, Federal authorities said that three people were arrested at LTC Professional Consultants and charged in a scheme to swindle the system. Authorities said that another nearby Miami based healthcare facility; Professional Homecare Solutions was involved with fraudulent billing for home health care; totaling in excess of 74 million dollars.

Another facility: Hollywood Pavilion, a psychiatric hospital, was also said to have been involved in $67 million of suspected fraudulent billing. Five people affiliated with the hospital, including its chief executive officer, were charged in this case, one of the nation’s largest strikes ever against Medicare fraud. The defendants allegedly fraudulently billed Medicare paying bribes and kickbacks to patient brokers, then creating false documents to cover their tracks.

Medicare scams involving medical equipment and physical therapy has prospered in South Florida for years, making the area a national focus for Medicare exploitation.

At a press conference on Thursday, Attorney General Eric Holder said the case revealed an alarming trend of criminal attempts to steal billions of taxpayer dollars Holder labeled Thursday’s action against Medicare fraud one of the largest of its kind.
“The total includes over $230 million in home health care fraud, more than $100 million in mental health care fraud, and approximately $49 million in ambulance transportation fraud.

“Thanks to the outstanding work of federal authorities – and the assistance of state and local partners – as of today, most of these individuals have been arrested or surrendered,” Holder said.

“Such an act not only takes precious resources but it drives up health care costs and affects the strength of Medicare,” Holder said. “And it disproportionately victimizes some of the most vulnerable people in our society: the elderly and impoverished Americans.”

“Many of those arrested violated the sacred oath they took to be medical practitioners,” said Holder.

Holder further went on to say that the federal government was determined to be very aggressive in its ongoing crackdown on Medicare fraud.

The arrests revealed were a share of a nationwide take down of Medicare fraud suspects in Baton Rouge, La, Brooklyn, N.Y, Chicago, IL, Dallas and Houston, TX as well as Los Angeles, CA. More than 60 medical professionals were arrested in the operation and allegedly responsible for more than a total of $429 million in fraudulent claims. A federal strike force charged more than 90 people in total.

In addition to Thursday’s arrests, Health and Human Services Secretary Kathleen Sibelius mentioned that her agency used new authority under the federal health care law to stop future payments to many of the health care providers suspected of fraud.

She unwaveringly stated that the arrests target “criminal enterprises that have been lining their pockets with funds from the Medicare trust fund.”

“We’ve taken down enterprises that in some cases have been robbing taxpayers for years,” she said.

This week’s Medicare fraud bust follows another colossal takedown in May, when officials arrested more than 100 people and charged them with defrauding the government of more than $450 million.

Four suspects held in VFW shooting in Central Florida

September 30, 2012 | Michael B. Cohen, P.A.

Winter Springs, FL
A charity poker ride organized by a motorcycle club quickly turned into tragedy in the parking lot of a Veterans of Foreign Wars lodge this past Sunday morning.

Harold Liddle and Peter Schlette were finishing their breakfast at the VFW post, awaiting the start of the charity event when other bikers, armed with guns, arrived at the scene.

After a fight broke out in the parking lot, gunfire erupted. Liddle and Schlette were killed in the melee and another member of the Warlocks, Dave Jakiela was critically injured. Jakiela died as a result of his injuries two days later. Police charged four men in the case originally with two counts of homicide and one count of attempted homicide. Police now expect to elevate the attempted homicide charge to a third count of homicide.

David “Tinman” Maloney, 52, Victor “Pancho” Amaro, 41, Robert “Willy” Eckert, 38, and Paul Smith, 47 were charged with the crimes and are being held in the Seminole County Jail without bond.

The parking lot at the VFW post #5405, located in Winter Springs, Florida about 15 miles northeast of Orlando, was taped off. A nearby senior center was evacuated after the shooting.

“This is a complete and utter shock to me that this happened,” said Joe Gault, a quartermaster with the local VFW.

At a news conference hosted by WFTV Monday afternoon, Winter Springs police definitively identified the two murdered men as Harold “Lil’ Dave” Liddle, and Peter “Hormone” Schlette. David “Dresser” Jakiela was shot in the head and was in critical condition at the Orlando Regional Medical Center at the time of the news conference.

The Police reports disclosed that it was actually the Philadelphia Warlocks motorcycle club members that set up the charity poker run and gunfire started when the unaffiliated Orlando Warlocks showed up to attend the event at the VFW on Edgemon Avenue. A poker run is an organized event where participants, usually using motorcycles, other vehicles or horses, must stop at five to seven specified checkpoints, drawing a playing card at each one. The object is to have the best poker hand at the end of the run.

Police questioned dozens of witnesses trying to discover what happened initiating the brawl. Eyewitnesses said that at least six motorcyclists appeared out of nowhere and opened fire on the other motorcyclists as they were finishing their breakfast. Some witnesses said the shootout was sparked by a dispute over turf and influence but police would only confirm that Warlocks members from both factions of the group were at the VFW at the time of the shooting.

The original Warlocks motorcycle club was founded by Tom Grub near Orlando in the late 1960s. Since its inception, numerous chapters have been added throughout the U.S and Europe. The local Warlocks website lists members who’ve died, and also displays those who have been convicted of committing crimes and are serving time behind bars.

Investigators said they recovered a total of 36 weapons from the shootout, including guns, and a variety of knives.

Lt. Doug Seely, of the Winter Springs police reported “We recovered 13 firearms and 23 edged weapons,”
WFTV correspondent Daralene Jones asked Lt. Seeley if the Philadelphia Warlocks were angry that the Orlando Warlocks showed up at the event. Seely responded “We’re trying to still to ascertain exactly who’s affiliated with what to be able to accurately have that for our case,”
Bill Farrell, a witness to the shootings commented “As they pulled into the parking lot, a huge fire, I call it a firefight [broke out] … don’t know what else to call it. At least 30-40 rounds of ammunition expended,”
Further questioning Lt. Seely; the television commentator posed the inquiry: “How worried are you that this could lead to some sort of bike war?” Seely stated: “We feel this, that happened in Winter Springs; as far as anything major than that, we’ll have to rely on larger agencies,” However, WFTV learned that police were so concerned about retaliation that Orlando Regional Medical Center was put on lockdown because that’s where one of the victims was admitted.

On Monday, when WFTV’s reporter Jeff Deal and his cameraman were trying to shoot video of the Warlocks’ Orlando headquarters, women from inside the chapter attacked the photographer and attempted to block the footage from being acquired.

The DEA and FBI are assisting Winter Springs Police with the investigation.

“Millionaire Madam” Guilty Of Promoting Prostitution: Accepts Plea Bargain

September 25, 2012 | Michael B. Cohen, P.A.

Accused Manhattan madam, Anna Gristina ended her seven month ordeal by agreeing to a plea deal of a single count of promoting prostitution in exchange for six months in prison which essentially reflects time already served. She was also put on 5 years’ probation. If the case went to trial, the defendant would have faced a prison sentence of up to seven years. It was reported that Gristina originally refused to take a plea because she believed it could mean that she’d be deported back to Scotland.

“We are left with a straightforward promoting prostitution case – a defendant who ran a brothel for many years and who profited from the sex trade,” said Assistant District Attorney Charles Linehan. “That is all.”

Gristina, described as a soccer mom, in comparison to the leader of a high-priced service for sex, the 44 year old mother of four spent time awaiting trial at Riker’s Island charged with running a high-priced prostitution ring out of her E. 78th Street residence. Her alleged co-conspirator, Jaynie Mae Baker, who was accused of running the brothel along with Gristina, took a plea deal earlier last month that allows her to avoid additional jail time as well. Ms. Baker was known as a recruiter for VIP Life a matchmaking service that was earlier exhibited on “20/20” and in a New York Times article.

The case received National attention when claims were made that she supplied under-aged prostitutes to her clientele; one of which was said to be embattled two-time presidential candidate John Edwards. Edwards was recently found not guilty on one of six charges of campaign finance corruption where it was alleged that the purpose of the acceptance of these secret campaign donations was to assist in the covering up of his affair with filmmaker Rielle Hunter who was hired to work for his presidential campaign. Their relationship included the birth of their child.

Another high-profile participant associated with the case was David Walker, a Wall Street investment banker who worked for Morgan Stanley. Upon release of the information Walker was identified of hosting a meeting where prosecutors alleged that Gristina was trying to raise money for a business venture. Walker wasn’t charged with any crime and Morgan Stanley stated that there was no evidence linking him to any criminal activity. However, Walker was placed on paid administrative leave until the conclusion of the investigation.

Another aspect of the case which helped it gain notoriety in the press was the amount of bail imposed upon the accused. The 2 million dollar bond appeared excessive to distraught family members. During the course of her incarceration four attempts were requested to lower the set amount unsuccessfully. On April 8th Manhattan Supreme Court Justice Charles Solomon vetoed arguments by Gristina’s attorney who stated that the steep bail amount was not properly considered by the original judge. The prosecution had won the stunning bail figure by arguing that she headed a multi-million dollar pay for sex ring with the assistance of unnamed law enforcement officials. The original judge also agreed with prosecutors who claimed that the Scottish-born Gristina could also be a flight risk. To date none of the unnamed law enforcement personnel has been revealed.

The family set up a Website asking for donations to “bring her back to us.” “There’s Mother’s Day, the prom, graduation. She should be out. These are once-in-a-lifetime things that she’s missing because of an unjust bail.” According to the Website, Gristina was being held in solitary confinement. It also goes on to say that the authorities are trying to humiliate her by making her “wear only a T-shirt and a diaper.” The Department of corrections told the New York Daily News there’s no truth to those claims.
“She doesn’t sell sex, she sells discretion for wealthy men” said her daughter, Suzanna Pak in an Anderson Cooper TV interview.

Gristina’s legal problems began when she allegedly boasted to friends in Scotland claiming the bragging rights to “Building and Empire” which was reported in the United Kingdom’s Daily Mail tabloid. The defendant also made numerous claims that she had connections and influence in any number of city, state and federal agencies, including the DA’s office, NYPD, FBI, the governor’s office and Customs, among others.

During the proceedings the prosecution requested and was denied Gristina’s client list. In a recent article posted in the Daily Mail Gristina said: “I have a deep sense of loyalty and I’m Scottish” when asked why she wouldn’t release the names of her clients.

Hallandale Beach man injures two in drunken driving crash

September 25, 2012 | Michael B. Cohen, P.A.

Luis Uriel Hernandez-Hernandez, 20, a native of Mexico is in custody after he allegedly seriously injured two people in a hit-and-run mishap last Saturday night, an arrest report said.

The report stated that Hernandez-Hernandez, who works in the construction industry was arrested on two counts of DUI; serious injury to another, leaving the scene of an accident, and various other charges. He is being held without bail at the Joseph V. Conte medium-security custody facility, awaiting trial in Pompano Beach.

According to jailbase.com it was only two weeks earlier that Hernandez-Hernandez was stopped by police and charged with going through a red light, driving with expired license tags, and operating a motor vehicle without a valid driver’s license.

In the crash, Hernandez-Hernandez’s blood-alcohol level was more than double the .08 level at which a driver in the state of Florida, is recognized as legally impaired.

After the accident, Officer Cheryl Ramsaroop and her partner Officer Edward Grange noticed a gold 2003 Chevrolet SUV driving erratically on South. Dixie Highway. The vehicle according to the description of the vehicle given previously smashed into two other vehicles, and then left the scene located near the corner of Hallandale Beach Boulevard and Federal Highway.

After performing an “investigatory traffic stop” on the vehicle and questioning Hernandez-Hernandez the defendant told Officer Ramsaroop and her partner that he didn’t understand English when he was asked to submit to a sobriety test. A third officer was then called to the scene who spoke Spanish. When he requested to conduct the sobriety test, in Spanish, Hernandez-Hernandez still said that he didn’t understand the instructions. He allegedly smelled of alcohol and was unstable on his feet according to the report
As he was again given the instructions of how to proceed with the test in Spanish, he was said to have voiced, “I don’t know,” and, “I’m drunk,” several times in both Spanish and English,” the report said.

Hernandez-Hernandez, who did not have a valid driver’s license as well as proof of insurance, was then arrested. The report also mentioned that “he was unable to sign traffic citations due to his intoxicated state”.

Police also said that two semi-filled beer cans were found that were still cool to the touch in the back seat of the SUV. Grange also wrote in his report dealing with the arrest that when he asked Hernandez-Hernandez how many alcoholic beverages he had consumed that night, his reply was “10 Coronas,”
“As a result of the accident, two individuals suffered serious injuries and had to be transported to the hospital,” the police report said. The hospital that the injured individuals were taken to was not indicated by police. The injured were identified by police as Rona Wexler and Cheila Grinberg. No other details about them were given in the report, and their conditions were unavailable as of Tuesday.

When appearing in Court before Broward Judge John “Jay” Hurley, the Judge said: “Sir, the court believes you represent a danger to the community. The court notes that you have previously allegedly committed the same crimes – at least to the extent that you were in a crash and didn’t have a driver’s license.”

Palm Beach County resident convicted on drug trafficking charges

September 19, 2012 | Michael B. Cohen, P.A.

Shane McKenney was branded a racketeer and principal of a prescription pill mill responsible for illegally obtaining thousands of pills from local pharmacies. Shane’s drug of choice is oxycodone and has been addicted to the narcotic for several years.

The guilty verdicts were returned by the jury that consisted of five women and one man at the beginning of their second day of deliberations. The jury convicted him of dozens of trafficking charges going back to 2007. He was also found guilty of lesser trafficking charges due to the actual weights of the pills in some of the cases. Out of the more than 100 trafficking charges he was only acquitted of an insignificant amount.

In 2008, McKenney, a resident of North Palm Beach was rounded up with more than a dozen others in connection with an oxycodone ring which surfaced at the end of an investigation of a home burglary in Palm Beach Gardens.

Prosecutor Christy Rogers called upon other persons arrested with McKenney to provide testimony against him including Michael Zimmerman who explained to the jury how McKenney attained phony prescriptions on the Internet and then handed them out to other members of the group to be filled by local pharmacies. Zimmerman was quick to suggest that the pharmacies did very little or nothing at all to verify the authenticity of the prescriptions. All the prescriptions were paid for with cash. McKenney’s attorney argued the same point before the court and pointed out that her client was an oxycodone addict who heavily used the drugs he was suspected of trafficking.

McKenney will be sentenced on Oct. 29 to a mandatory minimum sentence of 5 years in prison. Still because of the conviction of racketeering McKenney could face a much longer term of imprisonment. At the discretion of Circuit Judge Richard Oftedal, the term can vary but family members commented that because he is an addict the case should not be compared to that of Chris and Jeff George who plea bargained a 25 year minimum mandatory sentence in a similar type of case. Chris George received 17 ½ years and his Brother Jeff’s penalty was capped at 20 years in prison.

After the verdict was read the defendant’s lawyer stated that she planned to file papers showing that her client should have been charged with fraudulently obtaining a prescription which is a third degree felony which carries a maximum five-year sentence as opposed to the minimum five years that he is now looking at.

It is important to note that narcotic addiction and dependence are medical illnesses that need the full attention of the health care community. McKenney’s mother told a deputy that Shane was a man whose pill addiction propelled him to get fake prescriptions for others to primarily feed his own habit.

Broward County Man charged with Murder of his wife

September 12, 2012 | Michael B. Cohen, P.A.

The last thing Jorge Rodriguez expected to hear when he answered the phone at 9 a.m. on Tuesday morning was the words spoken by his close friend Alberto Ramos. Ramos repeatedly told his friend “I have killed my wife”. Ramos disclosed to his friend that he killed his wife in a struggle the previous evening. After digesting the grim proclamation, Rodriguez called the police to report the possible crime. When police contacted Ramos he gave them an address that proved to be bogus. Rodriguez was then able to give police a description of the building where Ramos lived which they were later able to find. Upon arrival at the premises, located in the 600 block of Antioch Avenue in the Central Beach area of Fort Lauderdale, police witnessed a bloody Ramos leaving the building. Ramos’ wife, Danitza Gomez Reyes, 36 was found dead by detectives inside the apartment in its rear bedroom. She was observed face down lying in a pool of blood surrounding her head. A number of knives were also found in the area where the victim was found.

As police approached Mr. Ramos they found him talking on his cell phone with a 911 dispatcher reporting that he did indeed kill his spouse. No motive was given by him for his action.

According to the police report, after the alleged murder, Ramos ingested 30 to 40 pills and inflicted superficial cuts to his own forearms. The report doesn’t specify if he communicated to the detectives why he chose to do this.

Ramos, 49, was ordered to be held without bond in the Broward County jail. His primary court appearance will be on Wednesday, Sept. 26th. He’s charged with first-degree murder.

Murder charges can be punishable by up to life in prison depending upon their degree and in cases involving premeditation and heinous atrocious and cruel acts can be punishable by death. If you’ve been charged with a murder of any degree, it is essential that you understand the charges brought against you. It is also vital that you are represented by an attorney that thoroughly knows and understands the laws relating to murder charges and is vastly experienced in providing aggressive representation.