Florida Criminal Attorney Blog

Published on: April 4, 2018

New Orleans Woman Gets Nearly 3 Years in $3.2M Medicare Fraud

by Whittel & Melton, LLC

A 63-year-old New Orleans woman has been sentenced to two years and eight months in prison for her part in a $3.2 million Medicare fraud and kickback scheme.

She was also ordered to pay $277,000 in restitution, according to federal prosecutors.

She was convicted in November and sentenced Wednesday in a five-year scheme to supply power wheelchairs and other durable medical equipment to people who didn’t need it.

Evidence showed that the woman got more than $47,000 in kickbacks from an equipment supply company owner, according to a news release from the U.S. Department of Justice.

The equipment supply company owner was convicted in 2016 and sentenced to six years and eight months in prison. Evidence showed she caused Medicare to pay more than $3.2 million for unnecessary equipment from 2004 to 2009, based on illegal referrals.

The New Orleans woman apparently provided information about Medicare beneficiaries and got doctors to sign order forms for the unnecessary equipment, according to the statement. She was convicted on two counts of conspiracy, two counts of health care fraud and five counts of receiving health care kickbacks.

When the government investigates you for Medicare fraud, you need to know that they have a huge amount of resources at their disposal. The FBI, the HHS Office of Inspector General (OIG), the Centers for Medicare & Medicaid Services (CMS), the Medicaid Fraud Control Unit, and federal and state prosecutors are simply a few of the entities that will be involved in mounting a case against you.

An investigation is a serious matter that you must take seriously. You must retain the legal help of an experienced criminal defense attorney who understands the complex health care laws and regulations. Our Florida Medicare Fraud Defense Lawyers at Whittel & Melton are highly experienced trial attorneys that will fight to protect your rights.

Published on: April 2, 2018

Megachurch Pastor Charged with Defrauding Elderly Investors

by Whittel & Melton, LLC

Federal authorities have charged the pastor of a Texas megachurch and a Louisiana financial planner with defrauding elderly investors out of more than $1 million.

The two men were charged Friday with six counts of wire fraud and five counts of money laundering, as well as one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering.

The Securities and Exchange Commission has also filed civil charges against the men for the alleged fraud, which occurred from 2013 to 2014.

One man, 64, is the senior pastor of a church Houston, which is described by the SEC as “one of the largest Protestant churches in the U.S.” The Louisian man, 55, is the manager of a financial group in Shreveport.

They’re accused of bilking 29 mostly elderly investors by selling them Chinese bonds issued before the revolution of 1949, saying that their historical value made them “worth tens, if not hundreds, of millions of dollars” according to a court document from the SEC.

The bonds have no investment value.

The SEC says the bonds have been in default since 1939, and the “current Chinese government refuses to recognize the debt.”

The funds collected were used to pay for personal expenses, including mortgage payments and luxury automobiles.

The DOJ says they allegedly defrauded the investors out of more than $1 million. The SEC places that figure higher, at $3.4 million.

The maximum sentence, if they’re convicted, is 20 years with a $1 million fine, as well as restitution and forfeiture, according to the DOJ.

The crime of money laundering uses financial transactions to conceal the origin of money obtained through illegal activity, to make it appear that the money came from a legitimate source. This is a very serious offense that can carry severe penalties, including steep fines and jail time if you are found guilty.

Published on: March 29, 2018

Miami Mental-health Worker Receives 5 Years in Prison for Medicare Fraud

by Whittel & Melton, LLC

A 70-year-old Miami man was convicted of illegally steering state-court defendants to a corrupt clinic, which in turned fraudulently billed Medicare for more than $63 million.

He was sentenced to five years in prison, plus three years of supervised release. And he must pay back a staggering $9.9 million in restitution.

He was found guilty of getting illegal payments from a corrupt clinic called in Miami, which fraudulently billed the Medicare system for more than $63 million.

The man got a flat monthly rate based on the number of patients he referred to the clinic.

In all, the clinic apparently paid him$432,829 over six years, aside from his regular salary as a mental health care worker.

The clients referred to the clinic cost taxpayers between $9.5 million and $25 million in bogus claims between 2006 and 2012.

The man was arrested in June 2017. He pleaded guilty to one count of conspiracy to defraud the United States and receive healthcare kickbacks.

The federal government has numerous laws in their back pocket in which they can pursue legal actions against those they believe are committing Medicare or healthcare fraud, including the False Claims Act, the Anti-Kickback Statute, the Physician Self-Referral Law, the Exclusion Statute, and the Civil Monetary Penalties Law.

Common claims brought under Medicare fraud include:

Overbilling for services provided
Unbundling services for higher payouts
Upcoding for a higher level of service than that which was actually performed
Billing for patients who do not exist
Submitting bills for services that were not actually performed

The consequences of a government prosecution against you for Medicare fraud could include the following:

Hefty fines
Exclusion from all government health care payment programs
Further disciplinary actions by other administrative agencies
Loss of your professional license
Criminal charges and jail time

Published on: March 21, 2018

Fort Lauderdale Eye Doctor Gets 17 Years for Medicare Fraud

by Whittel & Melton, LLC

A Fort Lauderdale eye doctor received a 17-year sentence in February for apparently stealing $73 million from Medicare by persuading elderly patients to undergo excruciating tests and treatments they didn’t need for diseases they didn’t have.

The man was convicted of 67 crimes including health care fraud, submitting false claims, and falsifying records in patients’ files.

Prosecutors showed that between 2008 and 2013, he became the nation’s highest-paid Medicare doctor, building his practice by giving elderly patients unnecessary eye injections and laser blasts on their retinas that some compared to torture.

The 63-year-old was ordered to pay $42.6 million in restitution to Medicare.

Prosecutors argued he stole $136 million but his attorneys insisted the proven total was $64,000. US District Judge Kenneth A. Marra said the evidence shows the theft was at least $73 million.

The man could have been given a life sentence. Prosecutors had been seeking 30 years. Defense attorneys sought less than 10.

The man has been in custody since his April 28 conviction.

Our Florida Medicare Fraud Defense Lawyers at Whittel & Melton are here to help defense those accused of these charges. Recently, the government has started seriously cracking down on medicare fraud, so our Medicare Fraud Defense Lawyers are even more necessary now than in the past. Congress has introduced multiple bills to increase fines and jail time for medicare fraud, and the government now has several entities armed with the task of uncovering alleged medicare fraud. Facing a medicare fraud accusation is scary and the consequences are very real.

Financial penalties for the medicare fraud are severe and fines can be $10,000 or more per claim. Moreover, any healthcare providers convicted of fraud can be excluded from participating in the medicare program in the future. Those convicted can also face lengthy jail sentences as well as the loss of their practices. The government will usually try to claim multiple law violations for a single fraudulent claim, which will only result in more punishments if a conviction is achieved.

Published on: March 8, 2018

Hillsborough County Deputy Charged with Domestic Battery After Altercation with Wife

by Whittel & Melton, LLC

A Hillsborough County Sheriff’s deputy was arrested Tuesday after officials claim she got into a physical altercation with her wife.

The alleged incident happened on March 3 at their home.

The alleged 29-year-old victim told officials that her 29-year-old wife forcibly restrained her, causing minor injuries, several times that day after they got into two arguments.

According to the report, the couple first got into a verbal argument which turned physical. The deputy is accused of forcibly restraining the woman by pinning her down against her will in the upstairs bedroom..

The argument subsided and the woman left their home.

Later that evening, the couple got into another argument where the deputy allegedly forcibly restrained her wife several times. According to the report, the deputy first pushed her wife up against their living room wall, then again in their bedroom, and later pressed the victim’s forearm against her neck causing a restriction in air flow.

According to the report, the wife tried to fight back and received minor bruising to her jaw line, wrist and arms.

The wife contacted the Hillsborough County Sheriff’s Office on March 6 to report the incidents.

Officials said the deputy admitted to the alleged actions and was arrested and charged with battery by strangulation, domestic violence battery, and aggravated assault with a deadly weapon.

She was also relieved of duty without pay pending an internal review.

A domestic violence or domestic battery conviction can leave you facing serious consequences. You could end up losing your job, your family and spending time behind bars. When the police come to your house and accuse or arrest you for domestic battery, you know that you’re in for an uphill battle.

Published on: March 7, 2018

Windermere Man Found Guilty of Raping Unconscious Woman

by Whittel & Melton, LLC

A Windermere man was found guilty Tuesday of raping a woman he was accused of drugging and taking pictures of.

The man was found guilty after just a two-day trial. Jurors deliberated for several hours Tuesday before finding him guilty of attempted sexual battery and sexual battery.

The investigation into the man began in 2014, but two years before that, Windermere Police began investigating a case that involved more than 100 videos of drugged women, some taken as far back as 2006.

In January 2016, a woman reported to police that she thought she may have been the victim of a rape. While meeting with investigators, she saw two videos that showed her unconscious body being sexually assaulted. She told them she used to work for the man and would socialize with him and his friends.

The man did not take the stand in his own defense but told the judge that he was not happy with his attorneys and that he was not prepared for the trial.

The man’s sentencing is set for May 4. He faces up to 45 years in prison.

Once you have been convicted of a sex crime or any criminal offense for that matter, you do have the option to appeal your conviction. This can be a difficult process, but our Florida Criminal Appeals Lawyers at Whittel & Melton can help you through the appeals process.

The first phase of the criminal case is completed at sentencing.This means you have gone to trial and been convicted and sentenced or you have pled guilty and been sentenced. On both the state and federal court levels, there are different options for filing an appeal right after a criminal conviction or sentence.

Published on: February 27, 2018

Undercover Operation in Jacksonville Leads to Florida Man’s Arrest for Drug Possession and Pimping

by Whittel & Melton, LLC

A 27-year-old Florida man was arrested Thursday on a pimping charge during an undercover Jacksonville Sheriff’s Office investigation.

The man is charged with living off the earnings of a prostitute, cocaine possession and transporting a person for prostitution.

Jacksonville police were apparently digging into online ads for escorts when they came across the man, according to reports.

An undercover officer posed as a customer and met with the man and an alleged prostitute, who apparently agreed to have sex with the detective for $160, according to police.

The man and woman were both arrested.

If you have been arrested and charged with a criminal offense, the most important thing you can do before anything else is hire a criminal defense attorney. You need legal help to reduce the potential damages to your life and future. Our Jacksonville Criminal Defense Lawyers at Whittel & Melton can help you with whatever criminal charges you are dealing with – big or small.

In your free consultation, we will give you an honest assessment of your case, including the potential defenses and outcomes, so that you are educated on the issues at hand. Our goal is to provide you with effective legal counsel that will ultimately avoid a criminal conviction whenever possible. Whether you are facing a misdemeanor or felony charge, in either state or federal court, our Jacksonville Criminal Defense Lawyers at Whittel & Melton can take immediate action for your defense.

Published on: February 21, 2018

Polk County Youth Softball Coach Charged with Sex with Minor

by Whittel & Melton, LLC

A 33-year-old youth softball coach from Auburndale is facing charges of having sex with a minor.

The 33-year-old was taken into custody Friday after authorities talked to the 17-year-old girl. According to the Polk County Sheriff’s Office, the Lakeland girl told authorities she had consensual sex with the man in early February.

According to authorities, the man and the girl knew each other for several years, and the man lived with her family for a period of time in the past. The girl is to turn 18 years old in a couple of weeks.

The man works part-time as an assistant softball coach at a Polk County high school.

The man also was a coach for the teen’s travel softball team.

Authorities claim the two attended the Monster Jam event in Tampa on Feb. 3 with two other friends. After the event, the group drove back to Bartow, dropped off the friends and drove back to Lakeland.

On the way, the man allegedly pulled over his vehicle near State Road 60 and Highway 37 in Mulberry, where the two had consensual sex.

The man has been charged with unlawful sexual activity with a minor.

The man has been placed on administrative leave. A recommendation to terminate him will go before the School Board later this month.

If you have been arrested for alleged unlawful sexual activity with a minor, it is in your best interest to retain legal counsel as soon as possible. A conviction for this crime could result in a significant fine, up to 15 years in prison and mandatory registration as a sex offender.

Following an arrest for a sex crime, you should exercise your Fifth Amendment right to remain silent and avoid answering any questions that could be used against you in court. Regardless of your innocence, you should not say anything to authorities until you have contacted our Polk County Criminal Defense Lawyers at Whittel & Melton. We can make sure your rights are protected and comb through all the evidence against you to establish the best defense strategy for you.

Published on: January 31, 2018

2 Florida Juveniles Charged with Cyberstalking in Girl’s Suicide

by Whittel & Melton, LLC

Two 12-year-olds have been charged with cyberstalking in connection with the death of a middle school student in Panama City Beach, who committed suicide two weeks ago.

The arrests came as the result of an investigation by Panama City Beach Police into the mitigating circumstances around her death on Jan. 10. According to a news release, PCBPD was made aware of potential cyberbullying against the child, which led them to examine several cell phones and social media accounts.

Through that investigation, PCBPD developed two 12-year-old suspects, who were then interviewed and allegedly confessed to engaging in cyberbullying conduct.

A male and female were charged.

PCBPD said in a statement that their investigation did not reveal that cyberbullying was the sole cause of the girl’s death, just that it was occurring at the time of her death. An official ruling on her cause of death has not yet been released by the Medical Examiner’s Office.

Cybercrimes can be difficult to understand, and if you’re a parent and have a child facing criminal charges, you are probably concerned about what to do to be proactive in your child’s defense. A conviction could change your child’s life forever. If your child has been arrested or is under suspicion for cyberstalking or cyberbullying, don’t hesitate to contact our Florida Juvenile Crimes Defense Lawyers at Whittel & Melton. We will work to protect your child’s future and freedom.

Cyberbullying involves communications via the internet , through text messages or any other electronic communications. These crimes have drastically increased with modern technologies becoming more common, including emails, texts, blogs, and social media profiles, like Facebook, Instagram, Twitter, YouTube, etc.

Published on: January 17, 2018

Former Tampa Police Officer, 2 Others Charged with Drug Trafficking

by Whittel & Melton, LLC

A former Tampa police officer was arrested on drug trafficking charges this week in Polk County, along with two other men.

The 66-year-old man and two others, 37 and 24, were arrested during an undercover drug transaction on Thursday, Jan. 10.

The 66-year-old bonded out of jail Saturday, while the other two men remained behind bars.

The 66-year-old former officer served with Tampa PD for five years before becoming an attorney.

The investigation occurred after detectives became aware of possible drug trafficking by one of the men. An undercover detective arranged to meet the man to make a narcotics transaction, and the man said that he would be coming with his supplier, who would have to see the money first.

The deal was for one-to-four kilos of cocaine at $25,000 a kilo.

All three men were allegedly seen at the meeting location, and the undercover detective was handed a backpack that contained 998.41 grams of cocaine, the report stated. All three suspects were arrested.

The 66-year-old was charged with trafficking in cocaine, conspiracy to traffic cocaine, and possession of a vehicle knowingly used to traffic cocaine. His criminal history includes 1986 charges for disorderly conduct and resisting.

The 37-year-old was charged with trafficking in cocaine, conspiracy to traffic cocaine, possession of hydrocodone, and possession of drug paraphernalia. His criminal history includes charges for providing alcohol to a minor in 2010 and 2013.

The 24-year-old was charged with trafficking in cocaine, conspiracy to traffic cocaine, possession of cannabis, and possession of drug paraphernalia. His criminal history includes charges for drug possession, probation violation, battery, and failure to appear.

Federal drug crimes charges are quite severe, and if you are convicted you are facing serious consequences. If you have been arrested or have reason to believe you are under investigation for a federal drug crime, you need to retain legal help as soon as possible. Our Florida Drug Trafficking Lawyers at Whittel & Melton can begin helping you immediately.