Articles Posted in Miami

A personal injury lawyer from Hialeah was arrested Tuesday and charged with killing a woman at a Miami Lakes crosswalk last year with his Mercedes-Benz and driving away while impaired.

The 65-year-old-owner of a law firm in Miami Lakes was charged with DUI manslaughter/failure to render aid, vehicular homicide/failure to stop, leaving the scene of a crash involving a death and tampering with physical evidence in connection with the Dec. 7, 2017 death of the 26-year-old woman.

Investigators allege that the woman was using the Fairway Drive crosswalk around 2:30 a.m. when a car hit her, launching her into the air to land on a curb on the west side of Fairway Drive. Police believe that car was the man’s silver C-Class Benz and he was the driver.

He remained in Turner Guilford Knight Correctional Center Wednesday morning, with bond set at $150,000.

A civil lawsuit was filed Tuesday on behalf of the woman’s parents that says the woman was found face down near a gutter at the intersection of Miami Lakes Drive and Fairway Drive, and that the man was driving recklessly and should have yielded at the crosswalk. The suit, filed in Miami-Dade County Circuit Court, asks for more than $15,000 to compensate the woman’s parents for their grief and to pay off medical and funeral costs.

It is important to point out that leaving the scene of an accident is not just a traffic ticket. It is a criminal offense. If the accident involves injuries to others, whether it be the other driver, a passenger, or a pedestrian, this would be considered a felony hit-and-run in Florida. It is a felony in every state when someone leaves the scene of an accident that results in the death of a person.

Our South Florida Criminal Defense Lawyers at Whittel & Melton would like to point out that there are very few scenarios where you are free to leave the scene of an accident without suffering any consequences.If you were behind the wheel and caused a fatal accident and want to flee the scene, we urge you to think twice. If you do leave the scene, police will likely issue a warrant out for your arrest, and it is very likely that they will immediately proceed to locate you.

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Three Medicare fraud schemes in recent weeks have targeted a total $139.4 million, which led the Department of Justice to seek multiple convictions and a combined 33 years in prison sentences.

Each of the alleged schemes involved the use of provider kickbacks, a popular activity in healthcare, to entice healthcare professionals to inappropriately redirect clients and beneficiaries to specific healthcare businesses.

Law enforcement officials began their crackdown on Medicare fraud earlier in the year with a mix of provider convictions and settlements involving roughly $3 million dollars.

Combating healthcare fraud continues to be a top priority for law enforcement officials because of the dangers it presents to vulnerable beneficiaries in the Medicare program, as well as the potential to recover billions in Medicare spending.

A Detroit provider was sentenced to six years in prison for $10.4 kickback scheme. The case apparently involved kickbacks for unnecessary electromyogram (EMG) tests and physical therapy tests.

He was convicted of one count of conspiracy to commit healthcare fraud, one count of wire fraud, two counts of receiving healthcare kickbacks, and had to personally forfeit $1.69 million.

A 70-year-old Boca Raton man was sentenced to five years in prison for $63 million in home health care fraud. Him and eleven other co-conspirators apparently submitted false and fraudulent claims to Medicare through kickbacks that were medically unnecessary, were not eligible for Medicare reimbursement, or were never provided by his clinic.

The man was found guilty of hiding the payments by using his clinic to provide a salary through the kickbacks, and was paid a flat rate based on the number of individuals he referred. The man also admitted patients for partial hospitalization program (PHP) services even though he knew the patients didn’t qualify for PHP service.

He was convicted of one charge of conspiracy to defraud the United States and to receive healthcare kickbacks. He personally had to forfeit $9.9 million and a personal money judgement over $400,000.

The case was investigated by the FBI, HHS, and OIG with supervision from the Medicare Fraud Strike Force and the US Attorney’s Office for the Southern District of Florida.

A 52-year-old Miami owner of multiple home health agencies was sentenced to 20 years in prison for $66 million in Medicare fraud that used his network of 20 home health agencies to host an elaborate kickback scheme.

The man and other co-conspirators were found guilty of recruiting individuals to represent his home health agencies in order to hide the man’s identity as they paid illegal bribes and kickbacks to patient recruiters to refer patients to these agencies.

The man also admitted that he submitted false and fraudulent home healthcare claims for Medicare beneficiaries that did not qualify for many services.

He had to forfeit $66.4 million in restitution and is convicted of one count of conspiracy to commit healthcare fraud and wire fraud.

The case was investigated by the FBI and was brought forward by the Medicare Fraud Strike Force and the US Attorney’s Office for the Southern District of Florida.

The Federal Anti-Kickback Statute makes it a felony to knowingly and willfully offer, pay, solicit, or receive remuneration, directly or indirectly, in order to induce business that is reimbursable under any federal health care program, such as Medicare or Medicaid. If accused of this crime, you could be facing both criminal and civil penalties.

Are you under investigation for Medicare fraud? You are not alone. About 1,400 individuals are indicted in federal court for health care fraud every year and more than 2,500 individuals are currently being investigated for Medicare fraud.

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A 52-year-old Miami businessman has been given a 20 year prison sentence for his apparent role in a Medicare fraud scheme.

His eight homes around Miami-Dade County, at least three cars, and a meat supermarket have been seized as a part of his $66 million in restitution.

He apparently owns 19 healthcare agencies as well. According to court documents, he tried to hide his ownership of the health agencies as part of yet another massive South Florida Medicare scam.

He apparently recruited others to falsely and fraudulently represent themselves to be the owners of the agencies in order to hide his identity and ownership interest, according to the court documents. These nominee owners completed and signed Medicare enrollment applications that fraudulently misrepresented the identities of the agencies’ ownership interest and managing control of the true owners and failed to disclose the man’s ownership interest and managing control of the agency, contrary to Medicare’s requirements.

From 2007 through 2015, the man and his nominees are accused of paying patient recruiters kickbacks to refer Medicare beneficiaries to the man’s owned facilities. The facilities billed Medicare for expensive healthcare services such as physical therapy and home health. Most of the referred beneficiaries didn’t quality for home health services or the services were imaginary.

Medicare is a federal program that provides health insurance to all American citizens over the age of 65. The government treats medicare fraud quite seriously and will prosecute anyone suspected of defrauding the program.

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A longtime Miami police officer who patrolled the city’s waterways is also accused of running a ponzi scheme, according to feds.  

His alleged pitch: Invest in his Costa Rican loan company and expect returns of over 20 percent.

Federal prosecutors said Tuesday morning that the pitch was a scam after announcing criminal charges against the man. They claim the money was used only to enrich himself and pay back early investors.

The 41-year-old was arrested Monday after FBI agents learned he was suddenly flying to Costa Rica because of an “emergency.” Agents arrested the cop while he was boarding a flight at Fort Lauderdale-Hollywood International Airport.

The man is charged with conspiracy to commit wire fraud.

Miami internal affairs and the FBI said the man operated his alleged Ponzi scheme between 2011 and 2015.

According to a criminal complaint, he offered “low-risk” investments in his company, which he claimed was giving high-interest loans to property owners in Costa Rica. The loan recipients used their properties in the Central American country as collateral, he said.

But feds claim the man just showed phony paperwork that claimed the company had property rights to land in Costa Rica.

Federal prosecutors did not disclose how much the man is suspected of getting through his investment scheme.

This case is clear example of a white collar crimes arrest. White collar crimes are non-violent offense committed for financial gain. These crimes are often investigated by state or federal agencies, and some of these investigations can carry on for months. Some of these investigations may continue for months. Anyone who is under investigation or has been arrested for a white collar crime should not talk to anyone, especially police, until consulting their legal counsel. Our South Florida White Collar Crimes Lawyers at Whittel & Melton understand the urgency of your situation and that immediate action must be taken to strengthen your defense.

Anytime police conduct an investigation, they may ask you to explain a few things. Regardless of your innocence, do not make the mistake of answering questions without your attorney present. Police are only looking to incriminate you. Our firm can help you avoid saying anything that could be construed as an admission of guilt.

At Whittel & Melton, we provide a powerful defense against white collar crimes, including:

  • Embezzlement
  • Fraud
  • Extortion
  • Tax fraud
  • Identity theft
  • RICO
  • Immigrations violations
  • Money laundering
  • Antitrust
  • Medicare and medicaid fraud
  • Ponzi schemes
  • Conspiracy

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Miami Marlins pitcher Jose Fernandez  was killed early Sunday in a boating crash in Miami, according to the U.S. Coast Guard.

The 24-year-old and two other people died when their 32-foot vessel slammed into a jetty off Miami Beach, authorities said.

Two bodies were found under the vessel and a third was found on the jetty, according to the Miami-Dade Fire Rescue’s Marine Services Bureau.

It does not appear that speed was a factor and there was no immediate indication that alcohol or drugs were a cause in the crash. None of the three victims wore a life jacket, and that the boat was owned by a friend of Fernandez’s.

Our South Florida Boating Accident Lawyers at Whittel & Melton help those who have suffered personal injuries or lost loved ones in boating accidents and collisions throughout the state of Florida. Many factors can contribute to a boating accident either on a privately owned vessel or on a personal watercraft, like a jet ski. Some of these factors include:

  • Driver Inexperience
  • Driver Error
  • Operating A Boat Under the Influence of Drugs or Alcohol
  • Equipment Failure
  • Bad weather and/or water conditions

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A man convicted of conspiring to defraud more than 30,000 Americans out of about $31 million was sentenced on Thursday to 16 years in prison.

The California man was also ordered to pay $11.9 million in forfeiture and restitution.

The man was convicted of running a mortgage scheme  from November 2011 through May 2014, causing more than 60 homeowners to lose their homes.

The man apparently oversaw about 65 telemarketers and managers in his role as general manager of sales at the company.

Prosecutors claim that the Irvine-based company persuaded homeowners in dire financial shape to modify the terms of their mortgages to make them more affordable.

Four other people convicted in the scheme are awaiting sentencing.

With the housing market where it is currently, prosecutors are going after anyone accused of mortgage fraud to the fullest extent of the law. Rest assured that they will stop at nothing to achieve a conviction for this white collar crime. Their ultimate goal is to make sure that anyone accused of mortgage fraud is proven guilty.

Loan and mortgage fraud can be complicated, and most of these cases are unique. Our South Florida Fraud Defense Lawyers at Whittel & Melton can comb through every shred of evidence in your case to filter fiction from fact, so that we establish the most powerful defense on your behalf. We can aggressively attack the prosecution’s case and make sure your rights are protected.

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Two South Florida residents have been arrested after police claim they threatened to leak sexually explicit images of social media star “YesJulz” unless she paid them.

A 28-year-old and a 33-year-old were arrested Friday on extortion charges.

Miami Beach police believe the two contacted “YesJulz” and claimed to have X-rated photos of her.

They allegedly gave her 24 hours to pay them $18,000, threatening to publish the pictures online if she didn’t.

The two were arrested as they were waiting in a car on Miami Beach.

Police say one of the men arrested has admitted to the crime.The other denies any involvement.

The New York Times recently named “YesJulz” the “Queen of SnapChat,” where she has more than 300,000 viewers.

Extortion is defined as the use of non-physical force to persuade another person to do something for you. With the growth of the Internet and social media, this type of crime has taken on entirely new form, which has been labeled sextortion. Similar to extortion, sextortion is the use of sexual exploitation to make another person do something for you or give you something, like money.  

Sextortion is committed when someone uses guilt, power or damaging information about another person in an attempt to force that person to do something they do not want to do. This frequently occurs on social media networks like Facebook, Instagram and Twitter.

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Three people have been convicted of alleged Medicare and Medicaid fraud in a $1 billion scheme in Miami.

“This is the largest single criminal healthcare fraud case ever brought against individuals by the Department of Justice,” said Leslie R. Caldwell, Assistant Attorney General the department’s criminal division, in a statement issued Friday.

A 47-year-old man allegedly led a scheme that referred Medicare and Medicaid beneficiaries who did not qualify to skilled nursing and assisted living facilities. The man owned 30 such facilities, giving him access to thousands of beneficiaries, according to reports.

Also charged in the scheme are a 49-year-old hospital administrator and a 56-year-old physician’s assistant.

The three also are accused of accepting kickbacks, disguised as charitable donations or paid in cash, for directing the beneficiaries to selected health care providers, including pharmacies, health care agencies and mental health centers, according to investigators.

Medicare or Medicaid fraud happens when a provider knowingly makes a false or misleading statement or representation for use in obtaining reimbursement from the medical assistance program. Medicare and Medicaid providers include doctors, dentists, hospitals, nursing homes, pharmacies, clinics, counselors, personal care/homemaker companies, and any other individual or company that is paid by the the programs.

Medicaid fraud includes, but is not limited to:

  • Billing for medical services that were never performed, known as phantom billing
  • Billing for a more expensive service than was actually performed, known as upcoding
  • Billing for multiple services that should be combined into one billing, known as unbundling
  • Billing several time for the same medical service
  • Dispensing generic drugs and billing for brand-name drugs
  • Giving or accepting something in return for medical services, which is known as a kickback
  • Providing unnecessary services
  • Filing false cost reports

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A South Florida doctor will spend more than three years in federal prison after pleading guilty to falsely diagnosing hundreds of patients in a Medicare fraud scheme.

Court records show the 57-year-old Delray Beach doctor was also ordered Wednesday by a federal judge to pay more than $2.1 million in restitution to the government. The man previously pleaded guilty to health care fraud.

Authorities claim the man falsely diagnosed 387 patients enrolled in the Medicare Advantage program with a rare spinal condition. The patients were enrolled in a Humana Inc. health plan that was reimbursed for each diagnosis by Medicare.

The federal program paid out $2.1 million in excess benefits, 80 percent of which went to the doctor. Almost none of the patients actually had the rare spinal condition, according to reports.

Medicare and Medicaid fraud is taken quite seriously on local, state and federal levels. It is important to note that these cases are heavily investigated before charges are brought forth. With that said, you will most likely know about the possibility of being charged long before an indictment is filed against you.

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Tax evasion isn’t the only thing on former Hialeah Mayor Julio Robaina’s plate these days, it appears he’s also been busted for having a mistress. News reports claim that Luis Felipe Perez, now in prison for running a $45 million jewelry-investment scam, paid Robaina more than $300,000 in cash for proceeds from high-interest $850,000 loan between friends.

Robiana's mistress is unknown. This Mary Bolen, perhaps the most famous mistress of Henry VIII's era.

Robiana’s mistress is unknown.  Mary Boleyn        is perhaps the most famous mistress of           Henry VIII’s era.

Why the cash payments for the high interest loan? The Feds say Robaina was spending the money on his mistress and needed to keep it secret from his wife. The mistresses’ identity has not been revealed.

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