Archive for the ‘Uncategorized’ Category

Owner of Westlake Home Health Agency Pleads Guilty to Bilking Medicare out of over $5 Million in Health Care Fraud Scheme

Wednesday, January 18th, 2012

LOS ANGELES – A registered nurse who operated a home health agency based in Westlake has pleaded guilty to federal health care fraud charges in a $5 million Medicare fraud scheme involving kickbacks to doctors and patients who did not qualify for in-home health services.

Hee Jung Mun, who often used the name Angela Mun, 50, of Rancho Palos Verdes, pleaded guilty yesterday afternoon before United States District Judge Dean D. Pregerson.

Mun owned Greatcare Home Health, Inc., which was shut down in March 2011 when special agents with the Federal Bureau of Investigation and the Department of Health and Human Services, Office of Inspector General, executed a search warrant at the company’s office. The criminal investigation into Greatcare was prompted by a still-pending “whistleblower” lawsuit filed by a former employee.

In a plea agreement filed in United States District Court, Mun admitted that she orchestrated the scheme that defrauded Medicare in a number of ways: paying illegal kickbacks to doctors for patient referrals, to “cappers” or “marketers” for patient referrals, and to patients to induce them to sign up for home health services; billing Medicare for patients who were not homebound or who otherwise did not quality for home health services, and for services provided by unlicensed individuals or not provided at all; creating bogus medical records to support fraudulent claims to Medicare; and “upcoding” or exaggerating patient conditions to generate larger reimbursements from Medicare.  The scheme targeted elderly, primarily Korean, Medicare beneficiaries.

(more…)

PART-OWNER AND TWO MANAGERS OF DOUGLAS NISSAN SENTENCED FOR DEFRAUDING CUSTOMERS AND BANKS IN THEFT CONSPIRACY

Tuesday, December 20th, 2011

*A fourth co-defendant is a fugitive in this case

SANTA ANA - A part-owner and two managers of Douglas Nissan in Orange were sentenced today for their role in an elaborate conspiracy to steal unsuspecting customer identities and defraud banks in the sale of used cars. Part-Owner Frank Ignacio Urbano, 57, Anaheim, and desk managers Luz Belem Corral, 29, Costa Mesa, and Kevin Allen DeRosier, 31, Anaheim, pleaded guilty May 6, 2011, to felonies including 43 counts of forgery, 31 counts of grand theft, and two counts of conspiracy. Corral additionally pleaded guilty to one felony count of perjury by declaration. Urbano was sentenced to one year in jail and 10 years in state prison suspended pending successful completion of five years of formal probation. DeRosier was sentenced to 240 days in jail and five years of formal probation. Corral was sentenced to 360 days in jail and five years of formal probation.

A fourth defendant is a fugitive with a $2 million warrant in this case. Marwan Abdellatif, 49, formerly of Lakewood, was charged Nov. 5, 2010, with one felony count of failing to appear in court. He is also charged in the Douglas Nissan case with 43 felony counts of forgery, 31 felony counts of grand theft, one felony count of conspiracy to defraud another of property, and one felony count of conspiracy to commit a crime. If convicted, he faces a maximum sentence of 38 years in state prison. Anyone with information regarding his whereabouts is asked to call their local police department’s non-emergency number or Supervising District Attorney Investigator Eric Akerlind at (714) 347-8691.

ORIGIN OF CASE
In April 2007, the Orange County District Attorney’s Office (OCDA) began investigating possible fraudulent activity at Douglas car dealerships. The OCDA discovered that between 2005 and 2007, more than two dozen relevant police reports were filed with the Orange Police Department regarding Douglas Nissan of Orange. More than 100 complaints had been filed with the DMV and Better Business Bureau about Douglas Nissan and the other dealerships for unfair business practices.

(more…)

The “Cyber Bullying” Case

Tuesday, September 1st, 2009

In 2006, Lori Drew registered and set up a profile for a fake 16 year old boy named “Josh Evans” on MySpace. She posted a picture of a boy without that boy’s knowledge or consent. The government claimed Drew’s conduct violated MySpace’s terms of service and prosecuted Lori Drew a.k.a. a “Cyber Bully” under a misdemeanor statute, 18 U.S.C. § 1030(a)(2)(C), the Computer Fraud and Abuse Act claiming that Drew intentionally violated MySpace’s terms of services.

The U.S. District Judge held the law unconstitutionally overbroad because the law would make criminals out of “the lonely-heart who submits intentionally inaccurate data about his or her age, height and/or physical appearance . . . the student who posts candid photographs of classmates without their permission. . . . and/or the exasperated parent who sends out a group message to neighborhood friends entreating them to purchase his or her daughter’s girl scout cookies . . . “

Should the government be prosecuting people for intentionally violating an Internet website’s terms of services?

By: Fay Arfa, Los Angeles Criminal Defense Attorney