Recent Blog Posts in October 2010

In Santa Ana, California, jurors will begin deliberations in the re-trial of a Washington man accused in the cold-case murder of his estranged wife. William Gregory Mordick, 64, maintains he is innocent of the Jan. 22, 1983, slaying of Katherine O'Connell Mordick, a 28-year-old mother of two young girls. Katherine's body was found partially nude inside her Anaheim Hills home. Her throat had been slashed. There was no evidence of sexual assault and nothing was stolen from the home.

Authorities charged Mordick, who eventually moved with the couple's two daughters to Washington, with the crime in 2008. They said DNA technology not available in 1983 linked him to physical evidence at the crime scene. Deputy District Attorney Dan Wagner accuses Mordick of killing his wife that morning when he dropped by to pick up his daughters, ages 2 and 4 at the time, to bring them to a birthday party.

Mordick, who is charged with special circumstances murder for financial gain, was worried about paying approximately $124,000 in child support over a span of 16 years, Wagner said. By killing Katherine, Mordick could avoid the payments and gain full custody of his girls, he said. Forensic evidence – specifically blood found in several areas the home – links Mordick to the killing, Wagner said. He also accused Mordick of staging the crime scene, such as taking off his wife's clothing to make it appear she was sexually assaulted.

Mordick, who testified in his own defense, said he didn't kill his wife. He said Katherine was alive that morning when he picked up their children. Katherine's body was found the next day, when her brother and boyfriend came to the home, worried because Katherine wouldn't pick up her phone.

His defense attorney said his client is innocent, and that some of the forensic evidence was tainted or inconclusive. He pointed out that a deputy coroner's estimate of Katherine's time of death was in the afternoon, and Mordick last saw his wife that morning. Mordick was first tried for Katherine's murder last year. That first jury deadlocked 6-6.

Jurors in the re-trial, which is being held in the courtroom of Orange County Superior Court John D. Conley, heard closing arguments and were read jury instructions. The panel is tasked with deciding if Mordick is guilty of first-degree murder, meaning a killing made willfully, deliberately or with premeditation, or second-degree murder, a non-premeditated killing. If they convict him of first-degree murder, they also have to decide on the truth of the special circumstance of financial gain. Mordick's maximum penalty would be life in prison without the possibility of parole.

If you have been accused or charged with homicide, it is important that you obtain a highly qualified Los Angeles homicide criminal defense lawyer immediately to begin planning of your defense. A conviction for murder can result in a lifetime sentence in a California penitentiary or even the death penalty.

Los Angeles Police will conduct an intensive and thorough investigation following a murder. Therefore, if you are charged, you will need an experienced homicide attorney from Marks & Brooklier. Attorney's Donald Marks and Anthony Brooklier have been representing clients for murder charges for three decades and have the experience necessary to provide you with an exceptional criminal defense. It takes a dedicated legal team to fight a homicide charge, and with our firm you can feel condifent that we will provide you with the highest quality criminal defense team possible. Our Los Angeles murder criminal defense attorneys are aggressive and are well-versed in a court room setting and look forward to assisting you with your case. Contact us for a free consultation, 24/7.

In Phoenix, Arizona, Stanley William Taylor, Jr., of Cleveland, Ohio, was found guilty of conspiracy to possess marijuana with intent to distribute by a federal jury in Phoenix. The trial began before United States District Court Judge Susan R. Bolton on September 8, 2010, and the jury returned its verdict of guilt on September 15, 2010. The defendant was taken into the custody of the United States Marshal Service. 

The evidence at trial showed that a marijuana trafficking organization was acquiring wholesale quantities of marijuana in Arizona, and then shipping the drug to purchasers in Florida, Georgia, Maryland, New York, Ohio, Pennsylvania, and Rhode Island. The defendant agreed to use his position as a UPS delivery driver in Cleveland, Ohio to assist the drug trafficking organization with the delivery of boxes filled with illegal drugs. A Special Agent with the United States Drug Enforcement Administration testified that the organization’s drug ledgers reflected the sale of more than 6,900 pounds of marijuana. The banking records of the defendant’s associates showed more than $900,000 in cash deposits while the two-year conspiracy was underway.

“The success of a drug trafficking organization requires the complicity of many, and this verdict demonstrates you will be held to answer,” said Dennis K. Burke, the United States Attorney for the District of Arizona.

A conviction for conspiracy to possess at least 100 kilograms of marijuana with intent to distribute carries a maximum penalty of 40 years, a $2,000,000 fine, or both. In determining an actual sentence, Judge Bolton will consult the United States Sentencing Guidelines, which provide appropriate sentencing ranges. 

The investigation leading to the guilty verdict was conducted by the U.S. Drug Enforcement Administration, the Internal Revenue Service, the Mesa Police Department, the Arizona Department of Public Safety, the U.S. Postal Inspection Service, the Tempe Police Department, the Pinal County Sheriff’s Office, and the Federal Bureau of Investigation. The prosecution was handled by the Assistant United States Attorneys, District of Arizona, Phoenix

Federal criminal defense lawyers Donald Marks and Anthony Brooklier have been representing clients on drug trafficking matters for three decades. We are well aware of all the issues and complexities that can arise from such charges and have successfully handled numerous cases. When faced with marijuana drug trafficking charges you need a skilled Los Angeles and United States drug trafficking criminal defense attorney with experience in representing clients for drug crimes. Such charges could include offenses for drug possession, drug trafficking and other drug related charges. If you or someone you know has been charged with a drug trafficking crime, we recommend you contact us in order to begin to prepare your case for a successful defense.

According to information in the Indictment, which was filed yesterday, Muhawieh 31, of San Francisco , told potential victims various lies to get them to lend him money. For example, Muhawieh represented to victims that their funds would be used to purchase and to renovate specific residential properties in San Francisco that would then be sold at a profit. Muhawieh claimed he would make regular and high rates of return for the lenders with limited risk. Muhawieh also represented to victims that their funds were secured by deeds of trust on the residential properties that he represented would be purchased and renovated with the lenders’ funds.

The indictment alleges that Muhawieh operated a Ponzi scheme whereby he used the lenders’ funds to reimburse earlier lenders. In addition, Muhawieh allegedly used the lenders’ funds for a variety of unauthorized activities such as personal expenses and investing in retail businesses located in San Francisco. Unbeknownst to the victims, Muhawieh provided multiple deeds of trust for the properties that purportedly served as collateral for the lenders’ funds; as a result, the deeds of trust did not provide the lenders with adequate security.

Muhawieh is charged in the Indictment with 12 counts of wire fraud, in violation of Title 18, United States Code, Section 1343. The maximum statutory penalty for each count of wire fraud is 20 years’ imprisonment, a fine of $250,000 or twice the gain or loss, supervised release of three years, and restitution to victims of the alleged scheme. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Muhawieh made his initial appearance in federal court in San Francisco. The defendant was released to a half-way house pursuant to a $375,000 secured bond. The prosecution is the result of a 15-month investigation by the Federal Bureau of Investigation.

This law enforcement action is part of the work being done by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

If you have been charged with federal crime such as wire fraud, you need and experienced California and United States federal wire fraud criminal defense attorney to protect your rights. Federal attorneys Donald Marks and Anthony Brooklier have been successfully representing clients on federal crime charges since 1976. Federal charges are a serious crime that must be handled in the proper manner to avoid dire legal consequences. If you have been charged or under investigation for any type of federal crime, it is vital you contact a Los Angeles and United States federal criminal defense attorney to protect your legal rights. Contact us for a free, strictly confidential, consultation 24/7.

According to a 26-count indictment filed on October 7, 2010, Amador Eli Rosales aka Eli Rosales, 32; Tony Rosales, 29; Albert Vasquez, 40; Adrianna Cano, 33; Jonathan Gonzalez, 32; Michael Leonard Lovato, 44; Michael Valentino Lovato, 21; Andre Kovacs, 44; Nicole Garcia, 32; Derick Noble, 27, all of Sacramento; and James Murphy, 55, of Elk Grove, are charged with conspiring to distribute methamphetamine, the distribution of methamphetamine, and the unlawful use of a communication facility. Bryan Perez, 33, of Sacramento was indicted separately for two counts of distribution of methamphetamine. According to court documents, during the course of this investigation, Eli Rosales and others sold methamphetamine to a confidential source.

This case is the product of an extensive investigation by the Federal Bureau of Investigation Safe Streets Task Force, which includes the Sacramento Police Department, the California Highway Patrol, and the California Department of Corrections and Rehabilitation, assisted by the Sacramento HIDTA (High Intensity Drug Trafficking Area) team. 

Nine defendants appeared for arraignment and entered not guilty pleas before United States Magistrate Judge Dale A. Drozd. Albert Vasquez and James Murphy have not yet been arrested. Derick Noble is in state custody on other charges and will be transferred to federal custody at a later date.

U.S. Attorney Wagner said, “Methamphetamine is a highly dangerous drug infecting our communities. Targeting methamphetamine distributors is an effective way to combat the spread of this drug, while also reducing the violence and other criminal activity associated with meth trafficking.”

Special Agent in Charge Parenti said, “The FBI has a long and successful history of utilizing the Safe Streets Violent Crime Initiative with our law enforcement partners across the country to combat violent crime. The indictments and arrests related to this case offer further proof that this approach to rooting out the criminals plaguing our neighborhoods is working.”

The statutory penalty for conspiracy to distribute methamphetamine is a mandatory minimum sentence of 10 years up to life, a fine of $4 million or both; the maximum penalty associated with the distribution of methamphetamine is 40 years in prison depending on the quantity and purity levels; the penalty for unlawful use of a communication facility is up to four years in prison or $250,000 fine or both. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Criminal defense attorneys Donald Marks and Anthony Brooklier have been representing clients on drug trafficking matters since 1976. We are well aware of all the issues and complexities that can arise from such charges and have successfully handled numerous cases for our clients. When faced with drug trafficking charges you need experienced Los Angeles drug trafficking criminal defense lawyers with extensive experience in representing clients for drug crimes. Such charges could include offenses for drug possession, drug trafficking and other drug related charges. If you or someone you know has been charged with a drug crime, we recommend you contact us in order to begin to prepare your case for a successful defense.

According to the indictment, in the Safescripts Online conspiracy, which began in November 2004 and continued until December 2006, eight individuals conspired to distribute in excess of $22.2 million worth of controlled substances outside the scope of professional medical practice and without establishing a legitimate medical purpose for the drugs. The individuals charged are: Christopher Napoli, 44, of Newtown Square, Pa.; Joseph Carozza, M.D., 65, of Garden City, N.Y.; Daniel Johnson, 38, of Pekin, Ill.; Jeffrey Herholz, 43, of Fayetteville, N.C.; Darrell Creque, 60, of Clayton, N.C.; Jeffrey Entel, 40, of the Dominican Republic, Steven Paul, 49, of Glendale, Ariz.; and Salvatore Lamorte, 52, of Freehold, N.J. All of the defendants were charged with conspiracy to distribute schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, and conspiracy to launder money, in violation of 18 U.S.C. § 1956(h). In addition, all but Paul were charged with distribution of the schedule IV controlled substance Phentermine, in violation of 21 U.S.C. § 841(a)(1), and all but Creque were charged with conspiracy to launder money, in violation of 18 U.S.C. § 1956(h).

The indictment also alleges that, in the Pitcairn conspiracy, which ran between May 2003 and April 2007, five defendants sold at least $55 million worth of controlled substances outside the scope of professional medical practice and without establishing a legitimate medical purpose for the drugs. The individuals charged are: Michael Arnold, 40, of Boca Raton, Fla.; Diego Podolsky Paes, 29, of Brazil; Lamorte, Herholz, and Creque. All of the defendants were charged with conspiracy to distribute schedule III and IV controlled substances, in violation of 21 U.S.C. § 846. In addition, Lamorte, Arnold, and Paes were charged with four counts of distribution of the schedule IV controlled substance Phentermine, in violation of 21 U.S.C. § 841(a)(1), and all defendants but Creque were charged with conspiracy to launder money, in violation of 18 U.S.C. § 1956(h).

According to the indictment, during the United Mail Pharmacy Services conspiracy, which began in January 2006 and ended in March 2008, three defendants conspired to distribute in excess of $48 million worth of controlled substances outside the scope of professional medical practice and without establishing a legitimate medical purpose for the drugs. The individuals charged are Paul, Entel, and Dino Antonioni, 42, of Miramar, Fla. All three were charged with conspiracy to distribute schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, and conspiracy to launder money, in violation of 18 U.S.C. § 1956(h). Entel and Antonioni were also charged with the Attempted Distribution of Schedule III and IV Controlled Substances, in violation of 21 U.S.C. § 846, and international money laundering, in violation of 18 U.S.C. §1956(a)(2)(A).

The narcotics conspiracy offenses (21 U.S.C. § 846) carry a maximum penalty of: five years of imprisonment, a $250,000 fine, three years of supervised release, and a $100 special assessment. The offense of distribution of a schedule IV controlled substance (21 U.S.C. § 841(a)(1)) carries a maximum penalty of: three years of imprisonment, a $250,000 fine, one year of supervised release, and a $100 special assessment. The offense of attempted distribution of schedule III and IV controlled substances (21 U.S.C. § 846) carries a maximum penalty of: five years of imprisonment, a $250,000 fine, three years of supervised release, and a $100 special assessment. The money laundering offenses (18 U.S.C. §§ 1956(h) and 1956(a)(2)(A)) carry a minimum penalty of: 20 years of imprisonment, a fines of up to $500,000, or twice the value of the property involved in the offense, three years of supervised release, and a $100 special assessment.

The indictment was obtained in connection with an international investigation of illegal Internet pharmacies that began in 2005. The investigation has resulted in the indictment of 37 federal defendants, the conviction of 26 individuals on federal criminal charges, and the dismantling of more than five Internet pharmacies that illegally distributed more than 80 million doses of controlled substances to users in the United States. As a result of the investigation, law enforcement agents have seized more than $39 million in cash and assets, including several high value homes and multiple luxury vehicles.

The federal criminal cases resulted from an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation involving the coordinated efforts of multiple federal and state law enforcement agencies plus foreign authorities from several jurisdictions. The law enforcement agencies include the U.S. Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, U.S. Immigrations and Customs Enforcement Homeland Security Investigations, the Food and Drug Administration Office of Criminal Investigations, the Federal Bureau of Investigation, the United States Postal Inspection Service, and the Boards of Pharmacy from North Carolina, Florida, Kansas, Colorado, Connecticut, and Louisiana. Significant additional assistance was provided by authorities in Brazil, Panama, the Netherlands, Switzerland, Liechtenstein, Romania, Costa Rica, The Netherlands Antilles, St. Kitts and Nevis, and the Bahamas. Additional federal prosecutions are contemplated upon completion of the ongoing investigations.

Criminal defense attorneys Donald Marks and Anthony Brooklier have been representing clients on conspiracy to distribute controlled substances and other drug related matters since 1976. When faced with drug conspiracy charges you need experienced Los Angeles criminal defense lawyers with experience in representing individuals for drug crime charges. If you have been charged with a drug conspiracy crime, we recommend you contact us in order to begin to prepare your case for a successful defense.

Sylvester Ijewere, was also ordered to pay $211,755 in restitution by United States District Judge Dale S. Fischer of the Central District of California. In addition, Ijewere was ordered to serve three years of supervised release following his prison term.

Ijewere pleaded guilty on April 12, 2010, to health care fraud. Ijewere, the owner of Maydads Medical Supply, admitted that between June 2007 and October 2009, he conspired with others to purchase fraudulent prescriptions and medical documents which he used to submit false claims to Medicare for expensive, high-end power wheelchairs, and other DME. Ijewere received approximately $4,000 in reimbursement payments for each power wheelchair claim he submitted to Medicare. Approximately 50 percent of the Medicare beneficiaries to whom Ijewere claimed Maydads had supplied power wheelchairs and other equipment lived more than 100 miles from Maydads’ Los Angeles-area offices in Central and Northern California.

As a result of this scheme, Ijewere admitted that he submitted or caused the submission of approximately $471,345 in false and fraudulent claims to Medicare through Maydads. Ijewere’s co-conspirator, Donna Wells, a patient recruiter, was charged for her role in the scheme in October 2009, and is scheduled to begin trial on Nov. 9, 2010.

Sentencing was announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney André Birotte Jr. for the Central District of California; Tony Sidley, Assistant Chief of the California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse (CAL-DOJ); Glenn R. Ferry, Special Agent-in-Charge for the Los Angeles Region of the Office of Inspector General (OIG) for HHS (HHS-OIG); and Steven Martinez, Assistant Director in Charge of the FBI’s Los Angeles Field Office.

The case is being prosecuted by Trial Attorney Jonathan T. Baum of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kerry C. O’Neill of the Central District of California. The case is being investigated by CAL-DOJ. The case was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Central District of California.

Since their inception in March 2007, Strike Force operations in seven districts have obtained indictments of more than 810 individuals who collectively have falsely billed the Medicare program for more than $1.85 billion. In addition, HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Because a federal healthcare fraud crimes charge is a serious matter, you will need to consult an experienced and professional attorney who can take charge of the situation quickly. Penalties for federal fraud crime include sentences up to 30 years, in addition to fines and other penalties. It is imperative you do not risk your freedom when you have the power of the federal government investigating your case. Criminal defense attorney's Donald Marks and Anthony Brooklier are strong and aggressive lawyers from Marks & Brooklier. We have years of experience in this field, serving hundreds of clients in Los Angeles County, San Fernando Valley and Beverly Hills area. We are confident we can assist you with your federal fraud crime charges. Contact a Los Angeles healthcare fraud criminal defense lawyer today for a free consultation