Importance Of A Strong Criminal Defense Strategy

 Posted on December 06, 2018 in Criminal Defense

When any accused Texan is facing criminal charges, a strong criminal defense strategy is paramount. A strong criminal defense strategy can potentially help mitigate some of the possible penalties and consequences the accused individual is facing as a result of the criminal accusations and allegations that led to the charges they are facing.

Criminal Defense Strategies

There are a variety of different types of criminal defense strategies, and the best one depends on the situation and circumstances the accused individual is facing. Some criminal defenses are based on specific affirmative defense, while others may be based on an attack of the alleged evidence or the activities of authorities, if they violated any of the accused individual's rights. There are different methods of approaching a criminal defense strategy that accused individuals should understand.

Why You Need A Criminal Defense Attorney

There may be circumstances when the accused individual provides admissions, a denial or an explanation of the crime. Though, because there is so much riding on any criminal defense strategy, it is essential for accused individuals to have trained guidance when facing criminal charges and determining how to respond to the charges. Accused individuals have important criminal defense rights that must be protected and it is essential for them to understand how to assert those rights.

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One Surgeon Defrauded Over 2,500 People

 Posted on November 29, 2018 in Fraud

50-year-old Spyros Panos, an ex-orthopedic surgeon, saw dozens of patients a day at his suburban medical group in New York. Over the years, he was billing for surgeries never performed and inflating charges. After being caught, his first criminal scheme shutdown, only to be followed by another: medical insurance fraud.

During this new stage of fraud, Panos posed as another doctor. With his new identity, he reviewed thousands of patient medical records, affecting over 2,500 individuals nationwide. According to state officials, he denied almost 200 medical and workers' compensation claims. Some of the allegations and charges against him include:

• Wire fraud
• Identify theft
• Medical malpractice
• Falsifying medical records

After a decade-long of criminal activity, Panos earned over $7.5 million. Court records indicate that he performed up to 20 surgeries daily, and saw anywhere from 60 to 90 patients a day in his office.

Analyzing industry vulnerabilities

The length of Panos's criminal history raises questions about security and accuracy in the medical review industry. Some companies told authorities that they are working on preventing posers from infiltrating the system. However, the industry has yet to present any preventative measures. Anthem Inc, Health Care Service Corp. and The Hartford were just a few insurance companies using Panos's fraudulent services.

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Healthcare Fraud Can Lead To Major Penalties

 Posted on November 29, 2018 in Fraud

Healthcare fraud constitutes a serious offense. A case involving the patient medical care and the possibility of negligent doctors may bring significant consequences for convicted physicians.

To avoid any criminal charges, medical employees should take precautionary steps to ensure the safety of their patients and uphold their lifesaving responsibilities. Should a court accuse you of healthcare fraud, contacting an experienced attorney may provide you with the best defense and opportunity to avoid penalties.

Common Healthcare Fraud Charges

Although you strive to work ethically when dealing with patients, accidents happen, and opportunities still exist for a court to convict you of medical fraud. Providing only necessary services and avoiding serious missteps in the medical care of your patients may save you from significant penalties.

Healthcare fraud usually involves the violation of the following statutes.

• The Federal False Claims Act: If you commit offenses against the False Claims Act, a court may find that you submitted claims to Medicare or Medicaid for services not provided to your patient. Perhaps:
  • You charge a patient or their insurance company for an x-ray, but the x-ray scan never occurs.

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White Collar Criminal Charges Are Serious Criminal Charges

 Posted on November 22, 2018 in White Collar Crimes

White collar crimes are a category of crimes that can lead to potentially stiff penalties and consequences which is why being charged with them should not be treated lightly. Preparing a strong criminal defense strategy to Texas white collar criminal charges is essential for accused individuals.

Types Of While Collar Crimes

White collar crimes include theft, embezzlement, various types of fraud, identity theft, forgery, internet crimes and money laundering. Many white collar criminal charges relate to accusations of some type of fraud. Embezzlement refers to circumstances when the accused individual is rightfully in possession of property or money, but through some sort of deceit, misappropriates the money or property intending it for personal gain.

As any accused individual can see from the brief description of embezzlement above, white collar criminal charges can be extremely complex and technical and oftentimes difficult to understand. Criminal defense options may include challenging the facts as alleged by authorities, challenging the validity or the evidence or challenging how the evidence was collected and the procedures that were, or were not, followed by police. If important procedures authorities are required to follow were disregarded or the accused individual's rights were violated in any way, it may form the basis of a criminal defense response.

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Preparing A Defense To Prescription Drug Charges

 Posted on November 20, 2018 in Drug Charges

Sometimes people may have the misunderstanding that charges for prescription drug fraud are not as serious as other types of drug charges. In reality, prescription drug charges are serious criminal charges that accused individuals should be prepared to defend against.

The truth is that prescription drug charges are no laughing matter and can carry serious penalties and consequences for accused individuals. When many people think of drug charges, they think of drugs like cocaine, heroin, methamphetamine and marijuana but drug charges can apply to prescription drugs as well. If prescription drugs are illegally obtained, possessed or distributed, accused individuals can face significant penalties and consequences.

Application And Consequences

In fact, prescription drug charges can apply to illegally possessing, distributing or trafficking prescription medications such as Fentanyl, OxyContin, Morphine, Codeine, Demerol, Adderall or Vicodin. Prescription drugs charges may not only result in criminal penalties but can carry a whole host or personal and professional consequences as well and can result in a criminal record that may follow the accused individual for some time to come.

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What Felony Level is Identity Theft in Texas?

 Posted on November 07, 2018 in Identity Theft

Identity theft has become a major issue in today's world. So, you might not be surprised to hear that Texas has harsh laws against such theft.

Under Texas law, it is a felony offense to use, transfer, possess or obtain the identifying information of another person, without permission, with the intent to defraud or harm someone.

Now, what level of felony identity theft is in Texas varies. It primarily varies based on how many items of identifying information the offense involved. The more items involved, the more severe the felony level.

Standard Felony Levels For Identity Theft In The State

• State jail felony: Offenses involving less than five items
• Third-degree felony: Offenses involving at least five but less than 10 items
• Second-degree felony: Offenses involving at least 10 but less than 50 items
• First-degree felony: Offenses involving at least 50 items

Also, if an identity theft offense was against an elderly individual, the felony level of the offense goes up one severity level from what would normally be the case given how many items the offense involves (unless the offense is already at the first-degree felony level, in which case it stays there).

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