Fort Lauderdale Criminal Attorney Blog

September 10, 2012

Broward Domestic Violence: When Both Parties Are Aggressors

By The Law Offices of Richard Ansara, P.A.

The headlines detailing a physical argument between a boyfriend and girlfriend at a local casino blared the words, “mutual combat.”

Indeed, Fort Lauderdale domestic violence attorneys noted the pair both had apparent bruises in their mug shots – he with a cut under his eye, and she with a bruise to her forehead.

But in terms of domestic violence law, is there such a thing as a “mutual combat” defense?

Yes, and no.

You wouldn’t actually call it “mutual combat.” Instead, you would explain it as self-defense during a mutual struggle.

Self defense is a valid defense to a domestic violence charge, but your defense attorney must convincingly make a case to the judge, based on available evidence. This is before the case would ever go to trial. In instances of mutual struggle, your defense attorney may be able to persuade prosecutors not to formally file criminal charges, based on the fact that both parties were equally aggressive toward one another.

Domestic violence is defined in Florida Statute 741.28 as the assault, aggravated assault, battery, aggravated battery, stalking, aggravated stalking, sexual battery, sexual assault, false imprisonment or kidnapping that results in physical injury or death of a family or household member by another family or household member.

In this case, the Sun Sentinel reports that the pair had spent the evening in Hollywood at the Seminole Hard Rock Hotel & Casino. As they were preparing to leave, there was a disagreement about who would do the actual driving back to their shared residence.

A pint glass was reportedly thrown by the woman at the man. She missed. Police were called. But the argument had reportedly escalated by the time officers arrived. Investigators say the woman bit her boyfriend’s thumb, leaving teeth mark imprints.

The man told officers he tried to quash the violence, but witnesses said he put his girlfriend in a headlock and rammed her head into a nearby car.

The two 28-year-olds were arrested, both charged with battery domestic violence. The woman is additionally facing charges of aggravated assault with a deadly weapon without intent to kill.

They were booked with bonds set at $10,000 and $11,000.

Generally speaking, the law says you are allowed to use force against someone if you or someone else is about to be injured by that person.

The greatest problem with this defense is that you are, in essence, admitting to the court that you did commit an assault and/or battery. This means you are essentially proving the prosecutor’s case. This means in order for it to be effective, you have to prove that the other party was the aggressor and that you feared yourself in danger of harm. If the jury or judge does not believe you, this would essentially be an automatic conviction.

They key in these cases is being able to express what happened in an eloquent, convincing way. This is where having an experienced attorney on your side becomes critical.
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August 30, 2012

Florida DUI Cases Tossed After Checkpoint Deemed Illegal

By The Law Offices of Richard Ansara, P.A.

A number of DUI arrests have been tossed after a checkpoint held late last year in Pasco County was determined to be illegal.

Broward DUI lawyers know that the U.S. Supreme Court ruled way back in 1990 that checkpoints were legal. It was a 6-3 decision, and it was a blow to those who sought to defend Fourth Amendment rights against unreasonable search and seizure.

The court had determined that the goal of removing impaired drivers from the road outweighed the privacy rights of drivers. Some states have subsequently outlawed the practice under their own constitution, but Florida is not one of those.

Florida law enforcement agencies conduct these checkpoints with a fair amount of regularity – about 15 to 20 times each month, according to the Governors’ Highway Safety Association.

However, that 1990 federal Supreme Court ruling came with some very specific provisions about how checkpoints must be carried out.

One of those provisions is that the stops conducted during the checkpoint can’t be random. For example, police have to establish a plan ahead of time to show that they stopped every third car or every fourth car – as opposed to simply stopping and searching whomever they felt like.

The reason for this is simple: It helps avoid profiling. So an officer can’t stop you just because you have a political bumper sticker that the cops don’t like or because of your race or ethnicity.

If they fail to do this, the checkpoint may be deemed unconstitutional, and all arrests are subsequently invalid. Most law enforcement agencies will file a plan ahead of time, indicating their method of search.

Pasco county officials did this, saying they were going to stop every third car that came through the checkpoint.

According to the local television media, the checkpoint was a collaboration between the Florida Highway Patrol, Pasco County sheriff’s deputies and Tarpon Springs Police Department.

The problem was, video from the officers’ dash cameras showed that they were not following the plan that had been outlined ahead of time. In fact, they were corralling three to four vehicles at a time – rather than every third vehicle, as was the plan. This is a clear constitutional violation.

You would think that presented with this evidence, prosecutors would simply drop the cases. But they didn’t do so without a fight. Instead, they had the officers involved sign an affidavit indicating that the checkpoint was carried out according to the guidelines set forth by the Supreme Court. But this was a lie, as the video clearly showed.

It wasn’t until a local defense attorney continued to press the issue, insisting prosecutors look more closely at the video, that they ultimately conceded and agreed to drop all prosecutions relating to that checkpoint.

When asked later for comment, prosecutors said they “missed” any indication that the stops were not legal when they first watch the video. Furthermore, police agencies said they had “no idea” they were not complying with the law.

So, either they were not being truthful or they don’t know the law. Either way, they were zealous about moving forward with these cases until one of the defense attorneys simply wouldn’t drop it.

And this is why it’s so critical if you’re arrested for DUI during a Broward sobriety checkpoint that you hire a skilled attorney. There are many technical basis for which an attorney can file a motion to suppress. If granted, it means any evidence that was improperly collected (i.e., in the course of an illegal search) may not be used against you. In these cases, prosecutors had no choice but to drop the charges because without evidence collected during the course of the stop, they had no case.
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August 16, 2012

Miami Dolphins Player Cut From Team After DV Arrest

By The Law Offices of Richard Ansara, P.A.

A domestic violence arrest can have far-reaching consequences, as former Miami Dolphins wide receiver Chad Johnson has recently learned.

Fort Lauderdale criminal defense lawyers understand the situation dominoed for the professional football player after an argument with his wife earlier this month.

According to the Sun-Sentinel, he could be facing a misdemeanor domestic violence charge, though it will be the state attorney’s office that will decide whether to formally file charges.

Apparently, the pair were arguing because Johnson’s wife found a receipt for condoms in his vehicle. Broward police officials say that the verbal argument escalated, and that Johnson reportedly leaned over to his wife and head-butted her, causing her to suffer a three-inch gash on her forehead.

She reportedly fled to the home of a neighbor, who called 911. Interestingly, according to the New York Daily News, the neighbor requested that officers “keep it quiet” and “not to make a big scene,” as it involved a high-profile individual. Of course, requests like this almost always go unheeded.

The 34-year-old player was charged with simply battery domestic violence.

Once word made it to the media, the news went national – and the repercussions began. He at first released a statement saying that it was his wife who had head-butted him, and that he drove away to allow her to calm down.

However, she quickly refuted that and subsequently filed for divorce. Then, VH1 dropped a reality show about the pair, which was slated to debut in September. Then, the Miami Dolphins, who had just signed him for $925,000 a year, terminated his contract.

Though he has not been arrested since he began playing the sport professionally in 2001, he was arrested in college in connection with a domestic dispute.

This is an extreme example of how allegations can quickly affect almost every aspect of your life. Most of us don’t have pending reality shows or NFL contracts – but we do have jobs and children and family relationships that can all be damaged or even severed simply by the allegation. That’s why having an experienced lawyer on your side is so critical in these cases. It’s not just about your reputation, it’s about your freedom and your future.

This case, like so many other Fort Lauderdale domestic violence cases, hinges largely on one person’s word against another person’s word.

Simple battery is considered a first-degree misdemeanor under Florida law, which means it’s punishable by up to 1 year in jail, 1 year of probation and a $1,000 fine. The basic definition is that you intentionally touched or struck someone else against their will or that you intentionally caused bodily harm to another person. It can be something as minor as grabbing someone’s arm. It’s not necessary to the prosecution that the individual actually be injured, though it will bolster the case if the alleged victim does show physical signs of injury.

With domestic violence battery, which is defined as any battery committed against a spouse, family member, household member or someone with home you share a biological child, you face additional penalties. These include a mandatory minimum of five days in jail, completion of a 29-week batterers’ intervention program and you will be ineligible to have the arrest ever expunged or sealed.
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August 10, 2012

Child Neglect Charges Accompany Broward DUI When Kids Present

By The Law Offices of Richard Ansara, P.A.

A woman in northern Florida was arrested for DUI with eight children in her vehicle.

In addition to charges of driving under the influence, she is also accused of eight counts of child neglect.

Fort Lauderdale DUI defense lawyers know that while this is an extreme example, it’s not uncommon to face additional charges in DUI cases when children are in the vehicle at the time of your arrest.

Child neglect, as defined in Florida Statute 827.03 is a caregiver’s failure or omission to provide care, supervision and services necessary to maintain a child’s mental and physical health or failure to take reasonable efforts to protect a child from abuse, neglect or exploitation. This also means that if you are intoxicated behind the wheel, there are children in the car and you have another adult with you, that adult may also be charged with neglect.

In this case, the only adult in the car was a 32-year-old woman, who was reportedly involved in a minor crash. Police were called, and eight children were in the vehicle between the ages of 10 months and 14 years. Media reports indicate the woman’s blood alcohol level was 0.166 and she told officers that she was on her way to a nightclub.

This raises another point: You are under no obligation to tell the officer where you are coming from, where you are going or how much you’ve had to drink. More often than not, this only serves to hurt your case.

It makes the stakes of your case higher, as not only are these likely to come into play in terms of child custody, but the charge is also a third-degree felony, punishable by up to five years in prison and a $5,000 fine – for each charge.

In some cases, the best defense in these scenarios is to prove that you did not meet the legal definition of intoxication at the time of your arrest. In order to do this, you need an experienced criminal defense lawyer.

Legal intoxication means that you had a blood alcohol content of 0.08 percent at the time of your arrest. Police have a number of ways in which they try to prove that you were intoxicated, the most damning of which are often breathalyzer or blood tests.

It’s important to note that in Florida, we have what is called “implied consent.” That means that if you refuse to submit to chemical testing, you will automatically lose your license for six months. But you have to weigh the consequences here. If you know for certain you could pass the test, go ahead and take it. However, if you have children in the vehicle with you, it’s important to understand that you will likely be facing additional child neglect charges, which are felonies. In these situations, you may opt not to take the test, take the automatic six months-suspension. You may still be charged with neglect, but your defense attorney will have a better chance at fighting the DUI charge – and therefore the neglect charges – if you give prosecutors less evidence with which to work.

The same goes for submission to field sobriety tests. These are highly subjective and you are not required by state law to submit to it. However, you should understand that your refusal will likely draw the officer’s suspicion. So if you are certain you will pass it, go ahead and take it. If not, it’s best to request to contact your attorney before submitting to any testing or answering any questions.
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July 25, 2012

Domestic Violence Allegations Require Fort Lauderdale Defense

By The Law Offices of Richard Ansara, P.A.

The arrest of a Florida corrections officer on charges that he battered his girlfriend, once again raises the issue of how an arrest – let alone a conviction – can mar a person’s reputation or destroy a career.

Fort Lauderdale criminal defense attorneys understand that this fact is one reason why domestic violence victims don’t come forward. However, it’s equally the case that spouses of those in law enforcement know how much such an allegation can hurt, and often use it as a form of revenge.

Because responding officers frequently feel compelled to take some form of action and they have little to go on except one person’s word against another person’s, domestic violence arrests are often made without a great deal of evidence. Police agencies want to relieve themselves of any liability if something more serious does occur later on, and therefore, someone is most likely going to jail.

Unfortunately, even if an alleged victim later tries to recant their story, a case can sometimes still move forward.

At the very least, a domestic violence arrest is going to put a law enforcement professional’s career on hold. At worst, it can end it. Having an experienced and aggressive defense lawyer is your best bet for a more favorable outcome.

False allegations most typically arise in situations where the couple is embroiled in a break-up or a situation of infidelity. Some men falsely accused of domestic violence may choose not to fight back because they feel it may be somehow deserved due to the way a relationship is ending. This is a mistake, however. Even being a jerk doesn’t make you a criminal, and a conviction on a charge of domestic violence is going to haunt you for the rest of your life – long after you’ve both moved on from one another.

For those in law enforcement or the military, it can mean the end of a career. For anyone convicted, it can me a revocation of their right to own firearms.

Other false allegations may stem from a situation of self-defense. For example, the female half may attack her boyfriend or husband, who then uses reasonable force to fend her off or protect himself. Police may use that as probable cause to arrest the husband. Medical reports, witness statements, physical evidence at the scene and peripheral circumstantial evidence can sometimes be used to combat allegations in these scenarios.

Another element that may work in your favor could be the consumption of alcohol by the alleged victim. It’s not always an effective defense, but there may be some cases in which it can be proven that an alleged victim’s testimony can’t be considered reliable, based on his or her consumption of alcohol or other substances at the time of the incident.

In the recent case of the Florida corrections officer’s arrest, the pair were reportedly staying at a hotel when they became engaged in a verbal argument. The girlfriend left the room and he later told deputies that he followed her.

The pair continued their argument outside. Witnesses said that when the victim attempted to walk away, the corrections officer reportedly yanked her arm to pull her back toward him. This allegedly caused bruising to her arm. She subsequently was able to walk away.

Nearby witnesses contacted police, who arrested the corrections officer on charges of domestic violence battery, as defined in FL Statute 741.28.
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July 20, 2012

More People Fighting Traffic Tickets in Broward, Palm Beach

By The Law Offices of Richard Ansara, P.A.

South Florida traffic tickets are becoming less of a commonality these days, according to a recent report by The Sun-Sentinel. But part of the likely reason behind it has to do with the fact that more people are fighting them.

Palm Beach traffic ticket defense attorneys know that in years past, people might have simply paid the ticket because of the hassle, regardless of whether they were actually at fault. However, a sluggish economy has people counting every dime, and they can no longer afford to simply write it off – particularly when they haven’t done anything wrong.

The newspaper reports that the number of Palm Beach County traffic citations dipped to approximately 370,000 last year. That’s a steep decline compared to the nearly 400,000 issued the year before and the more than 430,000 given out in 2008.

It’s the same story in Broward County, where troopers issued about 480,000 traffic citations in 2011 – a dramatic decrease since 2007, when there were nearly 565,000 issued.

Across the state, there were roughly 4.3 million traffic citations issued last year. Contrast that with the 5.2 million handed out five years ago.

Some have speculated that part of this also has to do with the fact that people are simply driving less. That would agree with figures that also show auto accidents are down across the state. Gas prices and overall falling incomes have kept more people at home, shying away from entertainment activities such as shopping or taking vacations.

Theories abound whether less traffic on the road means that people are less likely to engage in risky driving behaviors. Some also surmise that budget cuts to police services have meant fewer officers on the road and that those officers who remain are less likely to give tickets because they know how much a violation could cost someone.

While it’s true that these might all play at least some role, the fact of the matter is that three years ago the state legislature bumped up fines for traveling between 15 and 19 miles over the speed limit from $198 to $233. Most of those are due within a month. At a time when people are struggling to pay basic expenses such as groceries and gas, they’re less likely to simply fork over the cash. And with insurance companies looking for any excuse to jack up your premiums, fighting a ticket is often the best option.

The decision of whether you should fight a traffic ticket should be discussed with your Fort Lauderdale traffic ticket attorney. Some things he or she may consider include:

1. What exactly are you charged with, and what elements of those violations can be proven?

2. Was the officer’s view of what happened obstructed by either stationary objects or other moving vehicles? You could argue that the officer’s line of sight prevented him or her from clearly seeing the alleged events.

3. Is it possible that the officer stopped the wrong vehicle? Particularly in heavy traffic, there is always the possibility that the officer mistook your vehicle for another similar one. You might be able to prove this particularly if there was some sort of curve in the road, a construction project or simply heavier traffic that could have prevented him or her from clearly identifying which vehicle was at fault.

4. Were speed limit or other traffic warning signs not appropriately visible?

Another element that may work in your favor if you choose to fight the ticket is if the officer simply fails to show up to court. Officers miss traffic court appearances all the time, so this is a real possibility that you may consider. In fact, just hiring an attorney to contest the charges is often enough to win a reduction or dismissal.
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July 15, 2012

Domestic Violence Cases See Uptick In Palm Beach County

By The Law Offices of Richard Ansara, P.A.

A 21-year-old woman marked her milestone birthday with an arrest on charges of domestic violence against her mother, according to The Sun-Sentinel.

West Palm Beach defense lawyers understand that in fact, this incident is one of a growing number of domestic violence incidents throughout Palm Beach County, according to News Channel 5.

The details of this particular incident aren’t exactly clear, but from what we can glean from various media reports, the 21-year-old was celebrating her birthday when she reportedly became involved in an altercation with her mother. That fight at some point turned physical.

Police and emergency fire officials were called to the family’s residence around 2 a.m., where they found the defendant reportedly screaming and covered with blood. There was even blood smeared across the front door. Officers reported that as they tried to take her into custody, she punched and kicked at them, and subsequently cursed and spat at fire officials who attempted to treat her. They ultimately covered her face with a shield in an effort to protect them from her saliva and blood.

The woman, who is employed as a caregiver for an autistic child, said she does not remember the incident as described to her.

She was ordered held on $6,500 bond.

FL Statute 741.28 defines domestic violence as any form of assault or battery or stalking or kidnapping or sex offense that results in injury or death of one family or household member against another.

Often when we think of domestic violence offenses, we think of husbands beating their wives. However, the law is actually quite broad in its interpretation. It could mean a child against a parent – even if they aren’t living together – or it could mean girlfriends against boyfriends or it could mean a separated couple who has a child together.

Penalties are going to vary, depending on the specific details of the incident and the severity of the injuries. In this particular case, the woman is facing charges of domestic violence, as well as resisting an officer with violence.

Other recent domestic violence incidents in Palm Beach County include a fatal shooting earlier in June and a woman who was set on fire at a Boynton Beach gas station.

The Palm Beach County Sheriff’s Office is reporting a 10 percent increase in domestic violence calls over the last year. And when we look at victims of domestic violence who have sought shelter with the YWCA, there were about 445 between July 2009 and July 2010. But then last year, that figure jumped to 555.

Domestic violence advocates are blaming the economy. The stresses that come from being out-of-work can lead people to turn to drug and alcohol abuse, which can in turn lead to violence. In other cases, you have people who are simply not good at coping with the burdens that result from unemployment or underemployment, and they end up lashing out at those closest to them.

Whatever the reasons behind your arrest, contact an attorney with a proven record of success in defending domestic violence cases.
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July 13, 2012

Teen on Trial for Attempted Murder in Broward Teen Burning

By The Law Offices of Richard Ansara, P.A.

A Fort Lauderdale jury will hear very different sides in the trial of a teen accused of attempted second-degree murder of another teen – one who used to be his friend.

Fort Lauderdale juvenile defense lawyers know that when it comes to alleged crimes involving teens, a skilled attorney won’t count on a defendant’s baby face being enough to sway a judge or jury.

Particularly when a juvenile is being tried as an adult – which they overwhelmingly are for crimes like homicide and sex assault – securing a defense attorney with experience becomes critical.

This case involves three teens accused of setting a fourth on fire, causing him to suffer near-fatal burns. He ultimately survived.

The case drew worldwide attention and great sympathy for the alleged victim.

The teens were all in middle school when the alleged crime occurred, but they all faced very adult sentences.

A now-17-year-old pleaded guilty and was given eight years in prison followed by 21 years of probation. A now-18-year-old was given an 11 year prison sentence followed by one year of house arrest and 18 years of probation. Those two have both already pleaded guilty.

The third defendant in the case has decided to go to trial. He could be sentenced to as much as 30 years behind bars if convicted on the charge of attempted second-degree murder, defined in FL Statute 782.04. The main difference between a first-degree charge and a second-degree charge is premeditation. In this case, prosecutors aren’t alleging that the boys necessarily intended to kill their former friend. But it is clear, they say, that the teens intended to harm him.

Prosecutors say that the teen who is currently on trial was angry with the alleged victim over a $40 video game for which the victim had never paid him. Plus, the alleged victim’s parents had one of the suspects arrested several weeks earlier for trying to steal a bicycle from their porch.

In an effort to exact revenge, prosecutors say the teen on trial encouraged one of the others to dump rubbing alcohol on the victim. Then, the other boy light a match and threw it on the victim.

The alleged victim had burns covering about 65 percent of his body, and is said to have only survived because he jumped into a nearby pool. He was reportedly flown by helicopter to a nearby hospital, where he then underwent a serious of surgeries over the course of five months.

The defense doesn’t argue that the victim was seriously hurt. However, the series of events that led to that point, they contend, were very different than what the prosecutor is alleging.

They indicate there was no premeditation, no plan. It was a prank – albeit a stupid one – and they never expected that the victim would be burned, let alone seriously hurt.

What’s more, the defendant who is on trial now never actually touched the victim himself.

Prosecutors say the fact that he orchestrated it is enough to secure a conviction.

What is not in question is that this teen will require an aggressive and skilled lawyer to mount a strong defense in the weight of such evidence.
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July 5, 2012

Fort Lauderdale DUI Watch: Suspect Offers Trooper a Bribe

By The Law Offices of Richard Ansara, P.A.

What could have been a simple misdemeanor DUI charge has ballooned into a second-degree felony case, after a woman allegedly attempted to bribe a trooper to let her go.

West Palm Beach DUI lawyers understand, according to multiple media reports, the 21-year-old woman is facing felony bribery charges, following the incident in Orlando.

The Florida Highway Patrol trooper reported that he stopped the driver for traveling 12 miles per hour above the posted speed limit, which was 30 miles per hour. At the time, she was driving a newer Nissan Altima.

The trooper said he asked her to exit the vehicle, and she repeatedly refused, even after six requests. The officer then reported that he saw the woman make a move for her ignition. Fearing she was going to make an attempt to flee, he opened her door and yanked her out of the vehicle by her arm.

She fell to the ground.

The trooper then reported at that time that he smelled alcohol around the area of the woman’s face. She was walked to the patrol car, and the trooper said she did so unsteadily. She was then instructed to sit on the front of the police car. As she did so, she reportedly lost her balance again.

In searching her vehicle, the trooper reportedly discovered an empty bottle of liquor.

She refused to undergo field sobriety tests before he placed her in the back of his patrol car. Once he did so, he reported that she offered him multiple times to pay him several thousand dollars to let her get out of the ticket.

Now, what our West Palm Beach DUI defense attorneys believe is important here is the way in which this offer was supposedly made. As evidenced by the dash camera inside the cruiser, what the woman reportedly said was, “Whatever I owe you, I can just pay you in cash.”

This statement alone is quite ambiguous.

The other statements appear more slightly more damning, but there is still the possibility that they could be defended in court. It will be tough for the state to argue she was too drunk to drive but consciously and deliberately committed a felony by offering a bribe.

According to the trooper, the woman told him she had previously been released by an officer for the same offense after she gave him money, and she added, “So there’s no way I could just pay you off, even if I gave you $3,000 right now.”

The trooper reportedly declined.

If the woman has no prior record, one option a defense attorney might consider is pleading to the DUI charge in order to have the bribery charged dismissed. However, it sounds like she may have a solid defense to those charges. She did not take a breathalyzer or field sobriety test, the reason for the traffic stop was marginal and a defense attorney may argue the trooper lacked cause to search her vehicle.

Bribery, as defined by FL Statute 838.015, is the act of offering a public servant some money or other benefit in order to influence their job performance or commit an omission that would be in conflict with his or her official duties. As a second-degree felony, as defined under FL Statute 775.082, it is punishable by up to 15 years behind bars.
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June 25, 2012

Fort Lauderdale Fraud Cases Can Pit Families Against Each Other

By The Law Offices of Richard Ansara, P.A.

An elderly Cuban exile was convicted recently of medicare fraud. The judge tossed the book at him with a five-year prison term – despite the fact that he is 71, in frail health and remorseful.

Fort Lauderdale defense lawyers know that the thing about this case that really attracted media attention was a theme that actually happens quite often in criminal cases: family members were pitted against one another.

In this situation, it was father against son.

While we all want to believe that there are individuals in our lives who we can trust no matter what, the potential threat of hard jail time on charges such as accessory or perjury can be quite compelling. Law enforcement and prosecutors know this well, and will often do anything they can to compel testimony from every possible witness they can – especially those closest to you.

This is an important point to make because often, one of the key mistakes defendants make in criminal cases is to speak to their loved ones about the charges either in jail or while they are on bond. This is bad idea for two reasons:

1. If you’re in jail, any correspondence should not be considered private. Phone calls are recorded and letters can be confiscated as evidence.
2. Even if you are released, prosecutors may find a way to threaten your loved ones with hefty prison terms if they don’t testify against you.

By refusing to discuss the case with anyone except your Fort Lauderdale criminal defense attorney, you are not only protecting your own interests, you may be protecting your family’s as well because you won’t be forcing them into a tight spot.

So what happened here?

According to The Miami Herald, the defendant allegedly stole millions of dollars from the federal government through kickbacks from referrals to several of his local rehabilitation clinics.

Back in 2010, the son, father and a business partner were indicted for reportedly bribing facilities for the elderly and disabled (nursing homes, home health care companies, etc.) for Medicare referrals. In return, they were reportedly paid more than $6 million for services that either weren’t necessary or were not provided. The alleged scheme occurred between 2006 and 2008.

This man’s clinics reportedly accounted for more than $350 million in Medicare claims. To put this in perspective, that is a fourth of all claims for occupational and physical therapy – in the U.S.

The Federal Bureau of Investigation began digging deeper in 2006 with undercover probe. He was overheard at a wedding reception bragging that he would never be arrested because he had been acquitted of similar crimes two decades ago.

Ultimately, the FBI conducted a sting that involved having an agent pose as a patient recruiter. The agent reportedly received a kickback from the father in an exchange that was videotaped.

When word of the investigation reached the father, he reportedly fled out of the country to Costa Rica. His son was offered a plea deal – serve four years for conspiracy to defraud and cooperate with prosecutors, or else face a heftier sentence.

The father’s defense lawyer called this tactic egregious, particularly considering the fact that this testimony would have occurred just before Father’s Day, had the father not ultimately pleaded guilty.
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