California Professional License Defense Blog

Southern California Criminal Defense and Professional License Defense Firm

2008-05-17T22:20:57Z

Our Orange County, CA law firm handles both criminal defense and professional license defense cases. What makes sense about hiring a firm such as ours is the ability of a criminal defense firm to promote clients interests at the outset of a case. This means meeting with the District Attorney before they file a case and advocating our position in the hopes of encouraging them not to file charges or file reduced charges. Often times, when a person gets arrested the arresting officer does not get the entire picture of the case or what took place. It is our job to gather all the facts quickly and present them to the DA so when they review the case, they do so with both side and not just the police reports.

Whether defending lawyer, doctors, financial professionals, teachers or contractors, the best defense is an early defense. Keep in mind, most professions licensed by the State of California have disclosure requirements. Unless you are familiar with these requirements and the law, you need to hire an attorney. If not, and your license is revoked, it almost impossible to get it reinstated.

Mandatory Reporting of Criminal Convictions to the California Medical Board

2008-05-15T22:19:20Z

Failure to disclose an arrest or conviction in a timely manner could cause a physician to lose their right to practice medicine. The California Medical Board views the non-disclosure of an arrest or conviction in ANY state, not just California a major breach of ethics and professional conduct.

California Business and Professions Code§ 802.1, says, a licensee must report the following:
1. The bringing of an indictment or information charging a felony against the licensee. OR
2. The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor.

The “bringing of an indictment or information” simply means the District Attorney’s Office has filed felony criminal charges against the physicians. This doesn’t require a plea of guilty, just the filing of the charges. For misdemeanors, physicians do not need to report the arrest, unless the physician goes on to plead guilty to a misdemeanor or felony.
Once either of these two scenarios occurs, a physician has 30 days to notify the board.

Criminal law is such that certain offense can be charged only as felonies and some only as misdemeanors. However, there are a number of crimes that can be charged either as felonies or misdemeanors. This means, any physician who has been arrested or investigated for a crime anywhere in California should contact a criminal defense attorney who also defends professional licenses.

Pilchman and Kay, PLC, located in Orange County, California invites you to contact our firm for a free consultation. We handle cases in all Southern California cities on the state and federal level including Medical Board of California cases.

Southern California Medical License and Criminal Convictions

2008-05-12T22:17:35Z

Our Orange County, Ca law firm receives a lot of calls from physicians in Orange County, Los Angeles County, Riverside County, San Bernardino County and San Diego County who have either been arrested for a crime or have been convicted of a crime. The number one question is how their criminal case will effect their medical license and what actions the California Medical Board can take. So, it is worth mentioning again.

Physicians, like anybody, are susceptible to committing crimes including; DUI, Fraud, Illegally Prescribing Meds, Drug Possession and Domestic Violence, just to name a few. Each case is different and the Board reviews cases on an individual basis. They will review police reports and any supplemental material to determine if there is an underlying cause for the conduct such as alcohol abuse and DUI’s or financial difficulties and theft or fraud charges. They will also assess whether the physician is unfit or unworthy of a California Medical License.

The Board conducts their own investigation and may learn information that was not available or known at the criminal stages. This could mean office staff, nurses and colleagues are interviewed. This could mean random drug testing. This could mean taking business records from medical offices. As you can see, the discovery of incriminating evidence that can be used against you and your license is huge. It is critical that a medical license defense attorney is consulted during this process as it could mean the difference between keeping your license and losing your license. In fact, if a physician is arrested or being investigated by law enforcement for a crime, I would recommend hiring a criminal defense attorney in Southern California who also handles medical license defense cases. This would ensure both the physician and the medical license are protected at the earliest stages of the case.

Pilchman and Kay, PLC is an Orange County based criminal defense and professional license defense firm. We handle state, federal and medical board cases in Orange County, Los Angeles County, Riverside County, San Diego County and San Bernardino County. We welcome you to call us for a free consultation regarding any medical license or criminal defense case.

Reporting Obligations for Illegal Use of Your DEA Number

2008-05-01T22:14:51Z

Physicians may encounter situations where a patient, employee or another physician illegally uses their DEA number to secure prescription medication either over the phone or by stealing a blank prescription form. The unlawful use of a physicians DEA number has SEVERE consequences to those who commit the theft, but it also may have SEVERE consequences for the doctor. Like the old saying goes, an “ounce of prevention is worth a pound of security.”
The California Health and Safety Code specifically address these issues in Health and Safety Code Section 11368. It states that anyone who forges or alters a prescription or who obtains any narcotic drug by a forged, fictitious, or altered prescription may be punished by imprisonment in the county jail or state prison for not less than six months or more than one year. Since prescription forgery is considered a criminal offense, it is recommended that a report be made to the local law enforcement.

In addition, Federal law requires physicians to report all theft or loss of controlled substances and official Federal Order Forms (Form 222) to a regional office of the Drug Enforcement Administration. The DEA has offices located in Los Angeles, San Diego and San Francisco. Go to http://www.deadiversion.usdoj.gov/online_forms.htm to download all the necessary forms so you will not find yourself in a criminal court or worse, Federal court.

Keep in mind, neither the Medical Board nor state law requires physicians to report stolen or illegal use of a physicians DEA number however, it is suggested that all doctors who encounter this issue should send the Board a letter to have on file just in case. This letter should be a brief description of how the DEA number was compromised and what precautions the physician is taking to prevent further losses or thefts.

If you are questioned by the California Medical Board or the DEA regarding the unlawful use of your DEA number, it is important to hire an experienced professional license defense attorney to protect you from the potential loss of your license or criminal prosecution. Our Southern California criminal defense firm located in Orange County, California has been defending physicians all over California.

CALIFORNIA ATTORNEY GENERAL SHUTS DOWN FOUR MORTGAGE COMPANIES FOR PREDATORY LENDING

2008-03-19T17:18:59Z

Attorney General Jerry Brown has shut down mortgage companies in Los Angeles and San Bernardino Counties for alleged predatory lending scams. Virtual Escrow, Olympic Escrow, National Mortgage, Lifetime Financial, Greenleaf Lending and Direct Credit Solutions are the companies named for participating in scams that could top more than $20 million.
In a time where the housing market is down, mortgage companies are attempting to gain business by using unconventional and illegal measures. Specifically, this investigation has uncovered information that many of the named companies were engaging in illegal tactics to initiate loans including psychological pressure, lies and even forged documents.
With California leading the nation in subprime lending, it is likely that additional companies particularly in Orange County might be named or investigated for mortgage fraud. As of 20007, authorities have initiated criminal investigations of many lenders including, New Century Financial Corp. an Irvine subprime lender who is now bankrupt.

CALIFORNIA RANKS 4TH IN MORTGAGE FRAUD

2008-03-18T17:44:22Z

Mortgage fraud has topped $1 billion in the past decade and California places 4th on a national list of mortgage fraud offenders for 2007. Beating out California is Florida at number 1, Nevada at number 2 followed by Michigan. FBI statistics show 46,700 mortgage fraud reports in 2007 alone, up 30% from last year. Common types of mortgage fraud include misrepresenting employment history, falsified tax returns, inflating income and providing false financial documents.

Orange County, California houses many of the top mortgage companies in the country. Therefore, many of these complaints and allegations are likely to find their way to the Orange County District Attorney’s Office, the California Department of Corporations, the California Department of Real Estate, the US Attorney or the California Attorney General’s Office.
If you are being charged with mortgage fraud in Orange County, Los Angeles County, Riverside County or San Bernardino County either as an applicant or as a licensed mortgage broker, you need to find a knowledgeable criminal defense lawyer who can guide you through the process and protect your rights. If you are not adequately represented you may increase your criminal exposure and possibly lose your brokers license.

The loss of your professional license can be devastating not only to you but to your family as well. Allegations of fraud in the mortgage industry alone may trigger reporting requirements. I cannot emphasize enough the need to contact a top criminal defense lawyer who can help you understand licensing laws and self-reporting statutes so you don’t lose your license.

California Medical License Defense, Medi-Cal Fraud Charges

2008-03-02T18:47:19Z

California Attorney General Edmund Brown Jr. announced the arrest of several individuals in a massive medi-cal fraud scam in Los Angeles County. The defendants were arrested at the Downtown M Medical Clinic on Wilshire Boulevard and include: the clinic’s owner Dr. Peter Shrier, the office manager Ella Rozenberg, Ella’s husband Arkady Rozenberg, Dr. Anna Gravich, a physician who helped falsify medical records, and Anna’s husband, Gersha Gravich, who helped run the clinic. The others arrested were sidewalk solicitors who recruited the patients.

The defendants allegedly hired recruiters or “cappers” to solicit pregnant women to visit the Los Angeles clinic. The women were asked not to use their real names in exchange for $30 of free baby merchandise or the promise of medical services. In exchange, the recruiters were given $100 for every woman that visited the clinic.

The clinic targeted pregnant women so it could enroll them in special Medi-Cal programs for low income women. When enrolled in the program, doctors began to bill the State of California at a higher rate for temporary prenatal health benefits. The cost of these services ranged from $400-$500 per patient. Once these services were rendered, the women were told that if they wanted more money or benefits, they could re-enroll in the program using another alias.

The AG has estimated the loss relating to this medical insurance fraud case to be in excess of $2 million. Dr. Shrier, the Rozenbergs and the Graviches have all been charged with:
Penal Code Section 487(a)- Grand Theft
Penal Code Section 12022.6(a)(3)- Theft of more than $1.3 million
Welfare & Institutions Code Section 14107-Presenting false Medi-Cal claims.

As a result of being charged with several felony counts, Dr. Rozenberg and Dr. Shrier will also have to self-report to the California Medical Board. In California, anytime a physician is charged with a felony criminal charge, they must report this accusation to the medical board even if they plead not guilty at arraignment. Thus, both doctors will be fighting to maintain their professional license while these criminal charges are pending.

If you or someone you know has been arrested or questioned for a criminal charge, whether a misdemeanor or felony they should seek legal counsel immediately. The California Medical Board has clear rules on self-reporting criminal charges and ignorance is no defense.

Los Angeles County DA Charges 50 People with Child-Care Fraud

2008-02-08T03:10:14Z

Los Angels county District Attorney Steve Cooley held a news conference today discussing the more than 50 people who were charged in a $3 million dollar child-care fraud scam. Demetrius Eugene, 36 is the alleged ringleader and is accused of setting up 6 bogus child-care facilities under the name Home Sweet Home Day Care, Inc. around Los Angeles County and possibly other California counties.

Cooley said Eugene listed family and friends as child-care providers in a “welfare to work” program. This state run program pays day care providers for taking care of children for those on welfare so they can get back into the workforce. Eugene allegedly then recruited welfare qualified candidates in order to collect state funds. These candidates then signed fake attendance cards at the Los Angeles headquarters of Home Sweet Home in return for $300 per child.

Among those charged was Kmond Day, 32 who received his day care license shortly before he was convicted of drug trafficking and sent to prison. According to authorities, Day and his wife received over $400,000 in state funds.

Deputy District Attorney James Baker who is working on this case says this ring is one of hundreds of child-care fraud complaints referred to the Department of Pubic Social Services in the county.

New California Construction Laws for 2008 to Protect Consumers

2008-02-04T18:17:00Z

The California State Contractors Licensing Board has recently added increased protection for consumers in Orange County, Los Angeles county or anywhere in California who are engaged in new construction or remodeling projects. Below are a few of the most important new laws for consumers to be aware, all taking effect January 1, 2008

- Business and Professions Code Section 125.6 prohibits discrimination by licensed contractors toward prospective clients. In addition to the already established discrimination based on race, color, sex. religion, ancestry, disability, marital status, natural origin this section also added clients medical condition and sexual orientation.

- Under California Civil Code Section 2782, General contractors and subcontractors working under a residential construction contracts can be held liable for construction defects, injury or negligence regardless of whether or not that language is included in the contract.

- Registrar of Contractors will be authorized to order restitution for any consumer who is an “injured party” resulting when a licensed contractor aides an unlicensed person or who allows an unlicensed person to use his or her license. Currently, licensed contractors who violate this law are already subject to civil monetary penalties and disciplinary action against their license pursuant to Business and Professions Code Section 7114.

- Landscape Contractors licensed by California Contractors State License Board will be able to enter prime contracts to construct and install outdoor cooking centers and fireplaces. This is provided that the projects are already included in the residential landscape project and the fireplace is not attached to the dwelling. Currently, landscapers are authorized to be the prime contractor for pool, spa or hot tub projects. BP 7027.5-

California Professional Licensee: Reporting of Criminal Charges

2008-01-07T03:35:51Z

Business and Professions Code Section 802.1 (a)

The Medical Board of California, the Board of Psychology, the Dental Board of California, the Osteopathic Medical Board of California, the State Board of Chiropractic Examiners, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians, the State Board of Optometry, the Veterinary Medical Board, the Board of Behavioral Sciences, the Physical Therapy Board of California, and the California State Board of Pharmacy shall be notified of the following:

(1) The bringing of an indictment or information charging a felony against a licensee.

(2) A conviction of the licensee by way of verdict of guilty, guilty plea, no contest plea of any felony or misdemeanor. A licensee must report only those misdemeanors that are substantially related to the qualifications, functions, or duties of the licensee.

Failure to make a report required by this section shall be a public offense punishable by a fine not to exceed five thousand dollars $5,000.

Most licensing agencies have not spelled out what misdemeanors are “substantially related to the qualifications, functions and duties” of the licensee. However, here are a few misdemeanors charges that would qualify:
Under the Influence of Narcotics
Possession of Narcotics
DUI
Theft or Fraud
Child Abuse- Physical or Sexual Abuse
Sexual Battery
Possession of Child Pornography
Indecent Exposure
Sexual Acts with Minors
Stalking
Filing False Police Reports

You have worked very hard to achieve academic and professional success. An arrest and/or possible conviction of a crime does not guarantee the loss of your license and your career. Often time, what happens in the criminal case will have a direct effect on the actions taken by the licensing agency. Attorneys can help you navigate the criminal court system with an eye on how to mitigate the sanctions taken against your license. So, if you find yourself in a situation where you have been charged with a crime, consult an attorney.

Southern California Illegal Prescriptions of Narcotic Crackdown

2007-12-26T16:44:12Z

The Los Angeles Bureau of Narcotic Enforcement is ramping up its intense investigation into Southern California doctors that have been over prescribing pharmaceuticals including Oxycontin, Vicodin, Ritalin and other opiate-based narcotics. This year long investigation has uncovered at least one pharmacy in the Los Angeles/Orange County area who was proscribing over 2 million dollars worth of prescriptions from one local physician alone. The Pharmacy Board of California, the Medical Board of California, Medi-Cal Fraud and other local law enforcement agencies are currently prosecuting this and similar cases.

The BNE is required to investigate pharmacists, physicians, nurses and other people who use legal channels to procure pharmaceuticals and in turn sell them illegally. This task force is currently investigating other individuals in Orange County, San Bernardino County and Riverside County for obtaining prescription drugs unlawfully. The number of cases of pharmaceutical scams is increasing, likely the result of the internet.

In response to this problem, the BNE has established a Diversion Program to reduce the number of incidents of drug diversion. This includes increasing the number of agents to enforce the laws of illegally obtained prescriptions, including forged or counterfeit prescriptions, illegal online pharmacies and unlawful prescription writing by licensed physicians, nurses, psychiatrist, dentist, podiatrist, veterinarians, pharmacist and other licensed professionals.

Orange County Medical Insurance Fraud Information, Penal Code Section § 550(a)(5)

2007-12-26T16:42:20Z

If you are a physician practicing in Orange County, Los Angeles County, Riverside County, or San Bernardino County you need to know about Penal Code Section § 550(a)(5). Penal Code Section § 550(a)(5) makes it a misdemeanor or felony for any physician, nurse, dentist or any other medical or dental professional to knowingly prepare, make, or subscribe any writing with intent to present or use it in support of any false or fraudulent claim to an insurance company. This can include office visits, urine or blood tests, x-rays, body scans and even minor or major medical procedures that were not performed.

When it comes to your professional license, whether you are a licensed physician practicing in Southern California, a licensed dentist or orthodontist practicing in Orange County, a nurse practicing in Los Angeles or a licensed medical professional practicing in the Inland Empire your license may be in jeopardy if you are convicted of medical fraud or insurance fraud.

If you are arrested for Penal Code Section § 550(a)(5) anywhere in Southern California you may face the following:

Depending on the amount of fraud you could be charged with a felony or misdemeanor. If the fraud is over $400.00 it would be a felony and less than $400.00 would be a misdemeanor.

A Misdemeanor would mean you could possibly spend one year in county jail and a fine of $1,000.00. A Felony conviction would subject you to 2, 3, or 5 years in state prison plus a $50,000 fine or double the amount of fraud, whichever is greater.

If you are contacted by the district attorney’s office, California Medical Board, or other licensing agency you need to contact a medical license defense attorney prior to speaking to any investigating agency. Without proper legal representation, you may face permanent disbarment or revocation of your professional license not to mention possible jail/prison time and substantial fines and fees.

California Medical Board Phasing Out Alcohol and Drug Diversion Program

2007-12-18T23:16:30Z

California physicians soon will be without the option of attending a drug and alcohol treatment program in lieu of any license sanctions or revocations. For the past 27 years, any physician practicing in Orange County or any other county in California was able to treat their addiction for substance abuse by enrolling in a treatment program under the direction of a case worker. Often times, any physician who participated in the diversion program did so anonymously, without the knowledge of the medical board. By allowing California physicians the comfort of knowing their rehabilitation was not going to compromise their license helped those in need seek help.

In Orange County, California there are many exceptional treatment programs that deal with substance abuse and mental health related issues. It is imperative for any physician who feels they need help in controlling their addiction to seek help before the California Medical Board finds them. If the medical board does become aware of any substance abuse issues, a physician will likely be investigated and possibly lose their license.

The impact on physicians practicing in Southern California is significant. Instead of seeking the treatment they need, many will deny the addiction. With this denial, the community for which these highly skilled professionals serve will be at risk. And once this risk is assessed, the California Medical Board will act. If any physician in Orange County, Los Angeles County, Riverside County or San Bernardino County receives a notice from the California Medical Board regarding possible sanctions, it is imperative to consult with an attorney who can help navigate these treacherous waters.