Orange County Criminal Attorney Blog

Federal law enforcement has arrested eight people in the greater Los Angeles area, including two Orange County physicians, in a nationwide crackdown on alleged Medicare fraud. Both doctors are charged with various fraud offenses for allegedly filing $20 million in false claims. Investigators say that additional arrests and indictments are likely to follow, possibly including both federal and state fraud charges.

The nationwide investigation, reportedly the largest in the history of the Medicare system, targeted 108 medical professionals, including doctors, nurses, and others. Collectively, the subjects of the investigation are alleged to have billed around $455 million in fraudulent claims to the Medicare system. Federal officials say that Medicare fraud is one of the most rampant "white collar" crimes in the country, with an annual loss to taxpayers of over $60 billion. Investigators from the U.S. Department of Health and Human Services (HHS) led the effort with a "Medicare Fraud Strike Force" composed of attorneys from the Justice Department and the U.S. Attorney's Office, FBI agents, and both local- and state-level Medicaid fraud investigators. The Strike Force claims to have charged at least 1,330 defendants in connection with over $4 billion in fraudulent Medicare bills since 2007.

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A series of hazing cases at Florida A&M University (FAMU), one of which resulted in the death of the marching band's drum major, have resulted in criminal charges for thirteen people. Eleven people face felony hazing charges, and prosecutors have filed more than twenty misdemeanor charges. The case has brought attention to the issue of hazing and how states have chosen to criminalize it. Anti-hazing statutes often fall within a state's criminal assault laws, only requiring proof that a defendant participated in hazing that resulted in death or serious injury.

On November 19, 2011, members of the FAMU band, the "Marching 100," boarded a charter bus in Orlando after a football game. Robert Champion, the 26 year-old drum major, would be the subject of an alleged band tradition, in which a current or prospective band member would walk from one end of the bus to the other while bandmates kicked and punched at him or her. About twenty people were reportedly on the bus when Champion began crossing it. At some point while he was walking through the bus, Champion collapsed. Bandmates called 911, and an ambulance arrived and took Champion to the hospital. Doctors pronounced Champion dead upon his arrival. The medical examiner later ruled that he died from blunt force trauma that occurred during the hazing.

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A Mission Viejo woman faces charges of child neglect and drug possession after police reportedly found her three year-old daughter outside and unattended late at night. They claim that the mother was under the influence of drugs at the time, and that she therefore endangered the child by failing to supervise her. If convicted, she could receive a sentence of a year or more in prison.

At around 10:00 p.m. on Wednesday, May 2, 2012, Orange County sheriff's deputies responded to reports of a toddler wandering unattended in an apartment complex parking lot. Reports indicated the child had been outside at least twenty minutes, "crying and screaming for her mother." Deputies canvassed the complex and found an apartment with an open door. They say they entered the residence when no one responded to their knocks. The child's mother, 29 year-old Milanya Mundell, had allegedly locked herself in the master bedroom. Deputies say that she refused to come out of the room, and that they heard the toilet flush multiple times. Once she opened the door, deputies say that Mundell "appeared to be under the influence of a narcotic." They reportedly found a "loaded syringe" in the bedroom, although news reports do not identify the syringe's contents. Narcotics investigators obtained a search warrant and returned to the apartment later, where they reportedly found drugs and drug paraphernalia.

Continue reading "After Orange County Police Find a Toddler Wandering a Parking Lot Alone, They Arrest the Mother for Child Neglect and Drugs" »

Orange County prosecutors have charged 31 year-old Shazer Fernando Limas with three counts of murder, alleging that Limas killed his girlfriend, Arlet Contreras, and their two sons in April and dumped their bodies. Contreras' body was found shortly after Limas' arrest, but the sons' bodies remain missing. Officially, the children, who are two years old and four months old, are only believed to be dead. The case quickly made headlines for its cinematic aspects, including a high-speed car chase on the freeway, but authorities admit that there are key details that they still do not know.

On Thursday, May 3, 2012, a cleaning crew at an Orange apartment complex reported finding blood stains on the carpet in an apartment unit recently leased to Limas and Contreras. Limas had vacated the apartment several days earlier. An officer spotted Limas in a Costa Mesa parking lot later that day, but Limas reportedly fled when police approached him. Limas led police on a chase on Interstate 5, causing the highway to be blocked for up to an hour. The chase ended when Limas' vehicle ran over a spike strip laid out by police, flattening his tires. Police took Limas into custody, where they have held him without bail ever since.

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An historic criminal case may be going to trial soon, as observers expect Orange County District Attorney Tony Rackauckas to request a trial setting at an upcoming preliminary hearing for former Fullerton police officers Manuel Anthony Ramos and Jay Patrick Cicinelli. Ramos and Cicinelli face charges related to the death of Kelly Thomas last summer. Rackauckas surprised more than a few people by filing murder and manslaughter charges against the officers last fall. This is reportedly the first time in the county's history that a court has held a preliminary hearing for a police officer charged with an alleged murder occurring while in uniform.

Kelly Thomas, a 37 year-old homeless man who reportedly suffered from schizophrenia, got into an "altercation" with police on July 5, 2011. Fullerton police responded to complaints of a man breaking into cars near the Fullerton Bus Depot. The Fullerton Police Department claimed that Thomas resisted when police tried to arrest him, and the department said it took five or six officers to control him. Witnesses, however, said that Thomas ran when police tried to search his bag. They reported seeing several officers hit Kelly and, once he was on the ground, shoot him with a Taser gun. The incident resulted in severe injuries to Thomas' head and neck.

At the hospital, doctors discovered injuries to Thomas' brain, a broken nose and cheekbone, several broken ribs, and internal bleeding. At least one shot from the stun gun hit him near his heart on the left side of his chest. Thomas never regained consciousness. His family decided to remove him from life support at the hospital five days later. The official cause of death was "brain death" caused by "head trauma." Toxicology reports came back negative for drugs and alcohol. Six officers, including Ramos and Cicinelli, were placed on leave after Thomas died.

Continue reading "Orange County DA Expected to Take Murder Case Against Two Former Police Officers to Trial" »

Prosecutors have charged a 44 year-old New Jersey mother, Patricia Krentcil, with second-degree child endangerment after an incident at a tanning salon. Authorities alleged that Krentcil's six year-old daughter received serious burns from a tanning bed. The case has received extensive media coverage, with much of the focus on the mother's tanning habits. The actual evidence revealed so far leaves considerable doubts as to exactly what might have happened that day.

In mid-April, 2012, school officials reported that the kindergarten student, who was five years old at the time, came to school with a serious sunburn. She reportedly complained of itching and told school staff that she had recently been to a tanning salon with her mother. Law enforcement alleges that Krentcil took the child with her to City Tropics Salon and brought her into a stand-up tanning booth, causing the child's burns. A sign reportedly posted at the salon states that no one under the age of fourteen may use the tanning facility, per state law.

A sunburn quickly became a criminal case. Police arrested Krentcil on Tuesday, April 24, and charged her with second-degree child endangerment, defined in part as causing harm to a child that constitutes statutorily-defined abuse or neglect. Krentcil pleaded not guilty on Wednesday and is free on a $2,500 cash bond. The child remains with her parents, although the father reportedly received formal temporary custody.

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The founder and chief executive officer of Bodybuilding.com, a website providing education and products related to bodybuilding and fitness, pleaded guilty last month to five federal misdemeanor counts of misbranding drugs as "dietary supplements." Federal prosecutors alleged that Ryan DeLuca, while CEO of the company that operated the website, offered various products for sale through the site that contained chemicals commonly known as steroids. Federal law classifies steroids as a "drug," and products that contain them must be labeled as such.

DeLuca founded Bodybuilding.com in 1999 in Boise, Idaho. The website hosts forums and editorial content on fitness and bodybuilding. It also sells a line of products often referred to a "dietary supplements" or "nutritional supplements" geared towards athletes. Some of these products, including I Force Methadrol and I Force Dymethazine, allegedly contained synthetic anabolic steroids or "clones" of those chemicals. The Food and Drug Administration (FDA) began investigating the company a decade ago on suspicion of steroid marketing and distribution. FDA agents raided the company's offices in 2009 as part of a nationwide crackdown on steroids. The company recalled sixty-five of its products in late 2009 because of misclassification and the potential negative health effects of taking steroids.

Anabolic steroids have legal medical uses for patients suffering from conditions that cause bone or muscle loss. They work by replicating the hormones testosterone and dihydrotestosterone, triggering buildups of cellular tissue in the muscles and elsewhere. Athletes may use them to boost performance or increase muscle size. While athletic authorities have prohibited steroid use for some time, the federal government did not list them as a controlled substance until 1990. Steroids are now listed under schedule III of the Controlled Substances Act, which covers drugs with a moderate potential for abuse or dependence, and some "accepted medical use." California's criminal laws do not specifically mention steroids, but the Civil Code requires gyms and other athletic facilities to prominently post warnings about steroid use.

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A mother and daughter reportedly made a shocking discovery after ordering sweet tea at a McDonald's restaurant in Simpsonville, South Carolina, and a teenage employee of the restaurant could spend years in prison as a result. They discovered phlegm floating in the tea after they took their order home from the restaurant on Saturday, April 14, 2012. Police arrested the employee who allegedly served them the tea and have charged him with a felony offense. Spitting in a customer's food is a common joke among restaurant employees, but the criminal case could have serious consequences here.

According to Greenville County sheriff's deputies, the mother and daughter ordered sweetened tea at the McDonald's drive-thru. They say that the women asked for new drinks after receiving the original order because the drinks were not sweet. An employee, 19 year-old Marvin D. Washington, Jr., handed them new cups, which they said were also not sweet. They decided to sweeten them at home rather than return to the restaurant again. When they got home and removed the lid of one of the cups, they say they found a "large deposit of phlegm" on top of the drink. The women reportedly called the police right away.

Local news station WYFF reported that police arrested Washington and charged him with "unlawful and malicious tampering with food." An arrest warrant reportedly stated that surveillance footage showed Washington leaning over the two cups before he filled them with tea.

Continue reading "Restaurant Employee Charged with Food Tampering, a Felony, After Phlegm Found in Tea" »

The Supreme Court's unanimous January ruling in U.S. vs. Jones was hailed as historic, marking an important affirmation of privacy rights amid law enforcement's increasing use of advanced technology, specifically warrantless GPS monitoring, to track suspects. Many people, criminal defense attorneys in particular, saw the Jones decision as an important step towards safeguarding individual privacy against electronic snooping by law enforcement. Since then, however, the FBI has stated that it faces difficulties and added expenses without the use of the GPS devices, and federal district judges in some areas have found ways around the Court's prohibition on warrantless tracking.

Jones involved a suspected D.C. drug dealer who was under surveillance through a GPS device secretly attached, without a warrant, to his vehicle by the FBI. Jones appealed his conviction in part on the ground that the FBI violated his Fourth Amendment rights against unreasonable search and seizure. The U.S. Court of Appeals in D.C. broadly ruled that the FBI's practice of using GPS devices without a warrant violated the Fourth Amendment by revealing far more about a person than the FBI ever could have learned simply by following him through the streets.

The Supreme Court took up the case and affirmed the Court of Appeals, but on much narrower grounds. A unanimous Court ruled, in essence, that the FBI could not attach GPS monitoring devices to Jones' vehicle without a warrant because it violated Jones' property rights by physically attaching the device. This leaves the question of how the Fourth Amendment generally governs electronic surveillance unanswered. It also does not specifically address whether law enforcement needs a warrant or only "reasonable suspicion" in order to use GPS trackers in the future.

Since the Jones ruling, the FBI has had to change the way it conducts surveillance operations. It reportedly had to deactivate around 3,000 deployed GPS tracking devices in January, meaning it had no way to retrieve the devices. The FBI complained that it had to substitute teams of six to eight agents to do the work of a single GPS tracker, a significant additional cost. Privacy advocates might not find this argument persuasive, but some federal district judges have entered orders that help the FBI.

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A fatal bicycle accident in San Francisco, in which a cyclist allegedly struck and killed a pedestrian, has sparked vigorous debate about bicycling safety, but it has also demonstrated how participation in a public forum, in this case an online message board, can expose a person to criminal liability. The cyclist in question, Chris Bucchere, might face criminal charges, including vehicular manslaughter, regardless of comments possibly made by him online, but news reports indicate that law enforcement has taken these statements into consideration in their investigation.

On Thursday, March 29, 2012 a cyclist traveling south on Castro Street struck a man crossing the street at about 8:00 a.m. Both men were injured in the collision and were taken to San Francisco General Hospital. The pedestrian, 71 year-old Sutchi Hui, died in the hospital on Monday, April 2. Police originally described his injuries as life-threatening, and then said they expected him to survive later during the day of the accident. Authorities have not formally linked Hui's death with the injuries sustained in the collision, and the medical examiner has said it may be weeks before they release an official report.

Police did not release the name of the cyclist right away, but Bucchere was taken to the hospital at approximately the same time as Hui. On the afternoon of May 29, a post appeared, using Bucchere's name, on a Google group maintained by a local cycling group. The post, which was later removed from the site, described the accident in detail. It described heading down the steep hill on Castro Street at a high rate of speed and being unable to stop for a yellow light. The person writing the post said that the crosswalk quickly filled with people and, unable to stop, the person "laid it down" and "plowed through" the crowd in the "least-populated place" available. The writer then describes "seeing a RIVER of blood on the asphalt" belonging to the pedestrian, specifically identified as a 71 year-old male.

The writer said his (or her) bicycle helmet was broken in the crash, and dedicated the post to the broken helmet. The writer also concluded that the moral of the story was to always wear a helmet. This led to angry responses from other users on the message board, many suggesting that the moral should be to slow down during rush hour.

Continue reading "Fatal California Cycling Accident Could Bring Manslaughter Charges" »

A grand jury in Orange County, New York indicted Jessica Vega on April 10, 2012 on six felony and one misdemeanor counts for fraud and larceny. Vega allegedly pretended to have terminal cancer prior to her wedding, receiving donations for the wedding and honeymoon after the media reported her story. Four months after the wedding, her husband, Michael O'Connell, told the media that she had faked her cancer diagnosis in order to "scam" him and others. The two have since divorced and reunited in Virginia. The New York Attorney General's Office accuses Vega of profiting from the community's generosity.

Vega allegedly claimed that she had terminal acute myeloid leukemia in early 2010, with less than a year to live. Friends, family, and others reportedly joined together to help raise money and plan her wedding to O'Connell. The Times Herald-Record reported her story on April 26, 2010, saying that the then-23-year-old Vega needed a wedding dress by May 2 for her dream wedding. The media coverage brought in even more donations. Vega reportedly accepted thousands of dollars worth of donated goods and services.

Vega and O'Connell were married on May 2, 2010, and took their honeymoon in Aruba. By Labor Day weekend that year, the couple had separated. The Times Herald-Record reported O'Connell's fraud allegations on September 6. Vega's health had not worsened, O'Connell said. He also said that he believed the letter Vega had that supposedly confirmed her leukemia diagnosis, from Dr. Dan Costin, was fake. Staff members at Dr. Costin's office confirmed that Vega had never been a patient there. Vega denied any and all allegations of fraud. She told a Times Herald-Record reporter that she had begun seeing a different doctor, although that was never confirmed.

Prosecutors charged Vega with six felonies, one count of first-degree scheming to defraud and five counts of fourth-degree grand larceny; and one misdemeanor, third-degree criminal possession of a forged instrument. Each felony charge carries a penalty of one-and-a-half to four years imprisonment. "Grand larceny in the fourth degree," under New York law, includes stealing property worth more than $1,000. "Stealing" is generally defined as wrongfully taking or obtaining property from its owner "with intent to deprive" the owner of the property. Prosecutors must prove that Vega intended to deprive people of their money and services, and that her intent was wrongful. Vega has pleaded not guilty. She is in the Orange County Jail on $10,000 cash bail or $30,000 bond.

Continue reading "Woman Who Faked Cancer to Get Donations for Her Wedding and Honeymoon Charged with Fraud" »

A former teacher, also a former head cheerleader for the Cincinnati Bengals football team, faces charges over an alleged sexual relationship with a student. Prosecutors in Kenton County, Kentucky indicted Sarah Jones, age 26, in late March for sexual abuse of a student and inducing a minor into sexual activities through electronic means. They also indicted her mother, Cheryl Jones, for evidence tampering for allegedly helping cover up the relationship. Cheryl Jones is a middle school principal, although she is currently suspended from that position.

Sarah Jones reportedly taught freshman-level English at Dixie Heights High School in Fort Mitchell, Kentucky for about five years. She resigned on November 29, 2011 for "personal reasons." Jones' indictment alleges that the relationship with the student, whose name and age have not been released other than the fact that he was a senior, occurred between October 1 and December 31, 2011. Cheryl Jones, currently on paid administrative leave from Twenhofel Middle School, is charged with a single count of evidence tampering.

The superintendent of the school district says that Sarah Jones resigned her teaching job the same day police began openly investigating the case, and that no one had ever complained about Jones before that. Jones' attorney says that Jones' family and the family of the alleged victim are friends, and that the student denies the allegations against Jones. Students and parents alike offered praise about Jones to the media.

Both Sarah and Cheryl Jones entered pleas of not guilty on April 2. The judge set their bonds at $15,000 each, lowered from the original $50,000. They were ordered to wear electronic monitoring devices and to avoid any contact with the alleged victim. Among the supporters at the courthouse that day, according to ABC News, was the alleged victim's family. Several days later, both Sarah and Cheryl Jones reportedly asked the judge to raise the bond amounts to $50,000 again in exchange for the ability to contact the alleged victim. The original bond conditions did not include contact restrictions. The judge does not appear to have ruled on their request yet. A pre-trial conference is scheduled for June 11, with trial set for June 27.

This case presents interesting issues of evidence. The alleged victim may refuse to cooperate with prosecutors, and reportedly denies any wrongdoing by Jones. Prosecutions for alleged sex crimes frequently center on the allegations of the victim. Depending on what other evidence prosecutors have, this may make their case very difficult. The high-profile nature of the case will complicate a trial as well.

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Homeless Outreach Court, a "collaborative court" run by Orange County Superior Court Judge Wendy S. Lindley, offers resources and services to homeless people who find themselves in criminal trouble as an alternative to jail or traditional probation. Lindley, who also runs the Combat Veterans' Court in Orange County, dismisses tickets and citations if defendants can complete a series of services and perform community service. Orange County has anywhere from five thousand to eight thousand homeless people living on the streets every night, according to the Orange County Register. The Homeless Outreach Court, with an active load of about nine hundred cases, offers a good service but still barely scratches the surface of the problem. It also relies on the continued criminalization of, essentially, the fact of being homeless, even if the intent is to get help for people.

The most common alleged offense that lands people in Homeless Outreach Court is "camping," a low-level misdemeanor offense that simply consists of sleeping in a public place. The OC Register article looks at the Santa Ana Civic Center, long a gathering place for homeless people after dark. Police have increased their patrols of the facility in recent months, and the number of tickets issued for illegal camping has increased as well. One ticket carries a maximum penalty of $500, which few people would have the resources to pay. Further offenses could lead to jail time.

Advocates for the homeless population in Orange County note the absurdity of ticketing a person for sleeping outside when they have nowhere else to go. The Homeless Outreach Court, they argue, gives people an opportunity to access resources that can help get them on their feet. In order to be accepted into the program, a defendant must demonstrate a "willingness to change," such as to find a job and get off the streets, as well as to avoid drugs and alcohol. A public defender quoted by the OC Register calls the court "an incredibly intelligent way to deal with a very complex problem."

At least thirty percent of the defendants in Lindley's court are military veterans. A significant number of participants suffer from mental illness, substance abuse, and other conditions. The court clearly offers a way for them to obtain help that they might not have otherwise had, but it seems unfortunate that criminal laws are viewed as the best way to get people into a position where help is available. No evidence seems to exist indicating that "camping" homeless people pose any great threat to the public.

Continue reading "Homeless Outreach Court in Orange County Tries to Divert Homeless Defendants Out of the Criminal Justice System" »

Police in Sacramento arrested a man, 55 year-old Jesse James Thomas, after he allegedly displayed signs of public drunkenness. Public intoxication arrests are a common occurrence in California, typically punishable by a fine or probation. This case is newsworthy because the man, according to witnesses and news reports, put on quite a show and probably made the prosecution's case against him easier.

The Miranda warning, which police must recite to a person at the time of arrest, includes a warning that police and prosecutors may use the person's own statements against him or her. This applies to both verbal statements and actions. Sometimes a person's behavior, demeanor, or even posture can offer evidence a prosecutor can use. If a police officer suspects public intoxication, they will observe the person's behavior. Thomas' case demonstrates this principle quite well.

In the early morning of Wednesday, March 28, 2012, around 12:30 a.m., Thomas allegedly encountered a Sacramento police officer, who suspected that Thomas was intoxicated. The officer's basis for this belief was his alleged observation that Thomas, dressed in a "dark puffy jacket" and wearing a sombrero and a single boxing glove, jumped onto the hood of the police cruiser, yelled his own name, and ran away. The officer reportedly located Thomas, after a brief search, lying in the street. Thomas was arrested for public intoxication and taken to the Sacramento County Jail, where he was booked on $1,000 bail. The story enjoyed a brief viral run on the internet. Thomas' unconventional mug shot was particularly popular.

California treats public intoxication as a form of disorderly conduct in Section 647(f) of the Penal Code. It is not the intoxicated state itself that constitutes a crime, but how a person behaves because of their intoxicated state. A person commits an offense if they are in a public place under the influence of alcohol, drugs, toluene, or some combination thereof, and their intoxicated state makes them a danger to themselves or others. It is also an offense if the intoxicated person is interfering with, obstructing, or preventing "the free use of any street, sidewalk, or other public way."

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Five former New Orleans police officers received sentences ranging from six to sixty-five years in prison from a federal judge on April 4, 2012. The officers, Kenneth Bowen, Robert Gisevius, Robert Faulcon, Anthony Villavoso, and Arthur Kaufman, were charged with a variety of federal firearms and civil rights offenses related to shootings at a New Orleans bridge during Hurricane Katrina's aftermath in 2005. The case demonstrates two interesting aspects of criminal defense: it shows how federal prosecutors can step in when local law enforcement is compromised or implicated in a matter, and it shows that police misconduct can have a remedy.

Hurricane Katrina was the costliest natural disaster in United States history, and also one of the deadliest with nearly 2,000 victims along the Gulf coast. The hurricane made landfall in southeast Louisiana on August 29, 2005. The worst damage and loss of life occurred in New Orleans, where the failure of the levees flooded most of the city and many surrounding areas. A period of chaos followed, in which people struggled to get out of the city and crime was reportedly rampant.

On September 4, 2005, less than a week after the levees broke, four of the defendants, Bowen, Gisevius, Faulcon, and Villavaso, went to the Danziger Bridge in response to a report of officers taking fire. According to the complaint filed in federal court, the officers encountered six unarmed civilians on the east side of the bridge. The officers allegedly opened fire on the group with assault rifles, pistols, and shotguns, killing one person, James Brissette, and wounding four others. The officers then drove to the west end of the bridge, where they opened fire on two men. One man, Ronald Madison, was shot and killed, and the officers arrested the other for attempted murder of a police officer. A judge ordered his release three weeks later, with no charges ever filed against him.

The fifth defendant, Kaufman, was assigned to investigate the shootings later that same day. He submitted a report, co-authored with another officer, in May 2006 describing the matter as "solved." The Orleans Parish District Attorney investigated the matter between 2006 and 2008, making no findings as to any officer's culpability. They referred the matter to the FBI.

The officers were charged with violations of the victims' civil rights "under color of law," conspiracy to commit an offense, firearms violations, fraudulent statements, witness tampering, and falsification of records. Five other officers, all charged with offenses related to the alleged cover-up of the incident, pleaded guilty before trial. In August 2011, a jury convicted four defendants of civil rights, firearms, and conspiracy offenses, and convicted Kaufman of offenses related to covering up the incident.

Continue reading "Former Police Officers Sentenced in Post-Katrina Shooting Cases" »