Recent Posts in White Collar Crime Category

In Tustin, Californa, in Orange County, a law office manager has been charged with embezzling more than $480,000, after prosecutors allege she used the money for her own personal pleasure. Donna Joy Henderson, has been arrested for 14 felony counts of falsifying records and a felony count of grand theft by embezzlement by the Orange County District Attorney's Office. 

Prosecutors say between January 2003 and September 2009, she was responsible for all financial accounts for Rinos & Martin, LLP. She wrote 122 company checks that she deposited into her own personal bank account. Prosecutors say she used the embezzled funds to maintain a "lavish lifestyle," purchasing such things as timeshare properties, cruises, jewelry and collectibles from the Home Shopping Network, home improvements, an indoor sauna, and visits to pampered pet day spas and gambling.

To conceal her theft activity, prosecutors say she falsified the firm's financial records, recording the stolen checks as "void" and altering monthly statements from the bank. Tustin police detectives began investigating the reported theft after a new accountant hired by the firm noticed that one of the checks had been marked "void" and made payable to herself. If convicted, Henderson faces a maximum sentence of 14 years in a California state prison.

Regardless of what type of theft charges you may be facing, Los Angeles grand theft criminal defense lawyers at Marks & Brooklier are confident they can successfully assist you with your defense. Attorneys Donald Marks and Anthony Brooklier will aggressively approach your criminal case with the intention of either having your charges lessened or getting them dismissed altogether.

At Marks and Brooklier, we are successful Los Angeles embezzlement criminal defense attorneys who have been defending clinets since 1976. We also represent clients in all types of theft crimes including burglary, commercial burglary, conspiracy, counterfeiting, grand theft auto, petty theft, petty theft with prior, residential burglary, shoplifting, and white collar crimes. Call our office anytime, 24/7, to discuss your case with a skilled attorney who can help you.

In Washington, D.C., an Oakland, California woman was convicted of health care fraud in connection with a scheme to bill Medicare for power wheelchairs that were medically unnecessary, announced the Departments of Justice and Health and Human Services (HHS). After a one-week trial in federal court in Los Angeles, a jury found Donna K. Wells, guilty of one count of health care fraud. The evidence introduced at trial showed that Wells worked the streets and low-income, senior living communities of Oakland to recruit Medicare beneficiaries to bill Medicare for expensive power wheelchairs and other durable medical equipment (DME) which the beneficiaries did not want, need or use. The beneficiaries who testified at trial said that Wells approached them on the street, at the store, or in the lobby of their apartment buildings and offered them free power wheelchairs in exchange for the beneficiaries allowing Wells to copy their Medicare and California identification cards. One beneficiary testified that when she told Wells that she wanted a hospital bed and did not need or want a power wheelchair, Wells said that the beneficiary had to accept a power wheelchair in order to get a hospital bed. Based on that representation, the beneficiary agreed to accept both a power wheelchair and a hospital bed even though she did not need and never used the wheelchair.

Witnesses who lived in or worked at the San Pablo Hotel, one of the low-income senior living communities where Wells illegally recruited beneficiaries, testified that Wells often sat in the lobby of the hotel offering residents free power wheelchairs and copying their Medicare and California identification cards. These and other witnesses testified that many of the residents of the San Pablo Hotel did not use the power wheelchairs they received through Wells.

According to testimony at trial, Wells sold the beneficiaries' Medicare information to others. Witnesses testified that Wells charged them between $400 and $500 for the Medicare information of each beneficiary she recruited. One witness testified that over a four-year period, Wells sold the witness the Medicare information of approximately 200 different beneficiaries. Once these witnesses received the Medicare information from Wells, they sold the information to a fraudulent medical clinic in Los Angeles, which then used the information to fabricate fraudulent prescriptions for power wheelchairs and other DME in the names of the beneficiaries whom Wells recruited. One of the doctors whose name appeared on these fraudulent prescriptions testified that he never wrote the prescriptions or treated any of the Oakland beneficiaries whom Wells recruited.

Witnesses testified that they purchased the fraudulent power wheelchair and DME prescriptions from the fraudulent medical clinic, and then sold both the Medicare information they received from Wells and the fraudulent prescriptions for more than $1,000 per prescription to a number of Los Angeles-area DME supply companies. These DME supply companies used the beneficiaries' information and the fraudulent prescriptions to submit claims to Medicare for power wheelchairs which cost Medicare approximately $4,000 per wheelchair but cost the DME supply companies approximately $900 per wheelchair wholesale. Evidence introduced at trial showed that these DME supply companies submitted more than $577,000 in false power wheelchairs claims to Medicare. Several beneficiaries testified at trial that they did not need and rarely, if ever, used their power wheelchairs.

One of the DME supply companies that used the Medicare information from Wells was Maydads Medical Supply of Arleta, Calif. Trial evidence established that between June 2007 and August 2009, Maydads Medical Supply submitted approximately $470,973 in false and fraudulent claims to Medicare, almost all of which were for power wheelchairs. The owner and operator of Maydads Medical Supply, Sylvester Ijewere, pleaded guilty to health care fraud and was sentenced on Oct. 5, 2010, to 46 months in prison.

Wells was originally charged in October 2009 with three counts of health care fraud. The jury was unable to reach a verdict on two of the three counts. U.S. District Court Judge Dales S. Fischer scheduled Wells' sentencing for March 28, 2011. Wells faces a maximum penalty of 10 years in prison and a $250,000 fine.

The case was investigated by the California Department of Justice. HHS OIG assisted with the trial. 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 825 individuals who collectively have falsely billed the Medicare program for more than $2 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 a skilled and professional federal attorney who can take charge of the situation quickly. 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 federal lawyers from Marks & Brooklier. We have four decades 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 healthcare criminal charges. Contact a Los Angeles healthcare fraud criminal defense attorney today for a free consultation

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.