Articles Posted in Miami

On Friday, a federal jury convicted a Florida health care executive on 20 criminal counts in what prosecutors described as a $1 billion Medicare fraud scheme.

Jurors reached a partial verdict after four days of deliberating. This case is one of the biggest in U.S. history. Jurors were undecided on six additional counts, but prosecutors accepted the verdict rather than sending them back for further deliberations.

The Miami Beach businessman operated a network of nursing homes and assisted living facilities in South Florida.

Jurors found him guilty of paying kickbacks and bribes to doctors and administrators so they would refer patients to his businesses. A former Ivy League basketball coach testified that the man bribed him to get his son into school. He was also convicted of charges of obstruction of justice, for plotting to help one of his co-conspirators flee to another country.

The jury could not decide whether the man was guilty of Medicare fraud conspiracy. They found him guilty of money laundering and of bribing a Florida health regulator to warn him when inspectors planned surprise visits to his facilities and when patients made complaints.

The man plans to appeal the decision.

He has been jailed since his 2016 arrest. The charges he was convicted of add up to more than 250 years in prison, but he is likely to get far less than that under federal sentencing guidelines.

The federal government and the state of Florida are quite serious about prosecuting those accused of health care fraud. Police will use any means necessary to uncover any alleged fraud. Individual doctors and even entire hospitals can be the target of a health care fraud investigation.

The government is very aggressive in its approach to investigating health care fraud. Grand jury investigations are likely to occur. It doesn’t matter if you are under investigation or have already been indicted – you need to enlist the help of a criminal defense attorney as soon as possible who can defend you from these charges.

Our South Florida Medicare Fraud Defense Attorneys at Whittel & Melton can defend you against health care fraud charges in Florida or elsewhere in the country. We will give you an honest assessment of your case and help you understand the possible defenses that may be available. We want to minimize any damage to you and your reputation.

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Former Miami Hurricanes football star Mark Walton was arrested recently after police said an argument with a woman turned physical at a Miami parking garage.

The 21-year-old who now plays for the NFL’s Cincinnati Bengals faces a charge of battery.

A spokeswoman for the Miami Police Department said Walton and the woman began arguing around 4:30 p.m. because Walton was blocking the entrance to the parking garage in the unit block of Southeast Fifth Street.

The woman attempted to record Walton using her mobile phone, but Walton grabbed the phone, causing a brief struggle as the woman tried to get it back.

Walton and the woman had minor scratches, according to reports.

Walton was released on bond the next morning.

A person can be charged with battery if they make actual physical contact with another individual with the intent to injure, provoke, or insult that person. Simple battery is a first-degree misdemeanor with penalties of up to one year in jail or 12 months probation, and a $1,000 fine.If you or a loved one faces arrest or prosecution on charges of battery, it is important to contact our Miami Criminal Defense Attorneys at Whittel & Melton as soon as possible. We are zealous legal advocates that understand how the prosecution works and will attack their points to achieve the best possible resolution for our clients.

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The ex-husband of “Real Housewives of Atlanta” star Cynthia Bailey spent the night in a Miami jail after being arrested for writing fraudulent checks.

Peter Thomas was arrested Friday at Miami International Airport on a fugitive warrant.

The 58-year-old man is from Louisiana where he is accused of writing fraudulent checks.

No bond has been set.

In an official statement, Thomas said the allegations were false. He said he will be “acquitted from any wrongdoing.”

In Florida, check fraud can embody numerous fraudulent activities, such as writing a check from an account holding insufficient funds or a closed account. It is also a crime for someone to possess fraudulently obtained checks. Check fraud carries the potential for a felony conviction and significant prison time, depending on the value of the check.

In order for the State to charge someone with check fraud, they must prove the “bad check” was intentionally tendered to another person or business. This can be in the form of a personal check or a business-related check.

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A South Florida man has been convicted in a $100 million scheme to defraud a Puerto Rico bank.

According to court records, the 55-year-old man was convicted in Miami federal court Monday of eight counts of wire fraud affecting a financial institution. His sentencing is scheduled for April 30.

Prosecutors believe the man served as chairman and CEO of a pharmaceutical company from 2005 to 2007 and caused Westernbank to grant a series of loans in exchange for a security interest in the company’s assets in 2005. According to reports, evidence showed Western Bank agreed to advance money based on fake customer invoices, which allowed the man to divert tens of millions of dollars.

Westernbank declared the loan in default in 2007 and lost more than $100 million, leading to the bank’s insolvency and collapse.

Wire fraud is a federal offense and if convicted, you face heavy fines and serious jail time. Since this man was found guilty of committing wire fraud against a financial institution, jail time can be up to 30 years. These are very serious charges, and you should not wait to seek help. In fact, the sooner you obtain legal representation the better.

A person can be found guilty of wire fraud if they knowingly and willfully devised a scheme to defraud, or obtain money or property under false pretenses, and knowingly transmitted or caused to be transmitted by wire in interstate commerce in some capacity for the purpose of executing the scheme to defraud. This crime is centered around “intent,” and you do not have to actually defraud someone to be convicted of wire fraud.

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A former Colombian anti-corruption official is facing prison time after pleading guilty to U.S. money-laundering conspiracy charges as part of a bribery scheme.

A sentencing hearing is scheduled Thursday in Miami federal court for the former director of the anti-corruption office for Colombia’s chief prosecutor.

The man faces up to 20 years in prison.

The Drug Enforcement Administration says in court documents that the man sought to obtain thousands of dollars in bribes from a former governor of Colombia’s Cordoba region who was under a separate corruption investigation.

Bribery is defined as the act of offering money in order to influence the actions of another. The crime of bribery usually arises in the case of public officials, where a private citizen may offer something of value as a means to influence how the public official carries out their public duties. Most bribery cases are charged as conspiracies. In a conspiracy, the government believes that two or more people agreed to engage in criminal conduct.  

With extremely harsh penalties on the line, anyone facing accusations of bribery needs a powerful federal criminal defense attorney on their side to protect their interests, their livelihood, and, most importantly, their freedom.

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A Miami man was arrested Tuesday, a year after he allegedly raped a 17-year-old girl who was seven months pregnant at the time, authorities said.

According to an arrest report, the teen was sitting alone at a bus stop on Sept. 29, 2017, when the 48-year-old man pulled up in his vehicle and asked her to get in.

Police said the teen didn’t know the man and refused, so the man parked his car and approached the teen on foot.

The teen apparently got into the man’s car, authorities said.

According to the arrest report, the man drove the teen to a secluded location, forced her to get in the back seat and then raped her.

DNA results from the teen’s rape kit apparently traced back to the man on Tuesday, police said.

The man was arrested on a charge of sexual battery on a minor. He is being held at the Turner Guilford Knight Correctional Center.

Rape is one of the most serious criminal offenses a person can be charged with. The potential penalties are quite severe. If you have been accused of rape, or sexual assault, there is a good chance that some of the key evidence the State of Florida will introduce against you came from an examination, more commonly referred to as a “rape kit.”

A “rape kit” is also known as a Sexual Assault Evidence Collection kit. While it is a “kit” containing evidence collection tools, including swabs, combs, envelopes and bags, administering a rape kit is a procedure for documenting sexual assault allegations. The purpose of the examination is to gather physical evidence of the alleged assault. Evidence the exam may turn up includes:

  • Pubic hair, facial hair, other body hair
  • Semen
  • Saliva
  • Fibers
  • Blood
  • Skin cells

All of these types of evidence will be used by police and prosecutors to try and obtain a conviction. Hair, bodily fluids, and skin cells can all contain a person’s DNA. If your unique DNA is matched to the DNA found on a sexual assault victim, it almost always proves that there was some type of physical contact between you and the victim.

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The U.S. Coast Guard shut down the voyages of two party boats in Fort Lauderdale and Miami-Dade County this weekend over several safety issues, authorities said.

The Coast Guard ordered a 34-foot Sunset Stripp with 12 people aboard to return to shore Saturday because the boat did not have a valid certificate of inspection and lacked a drug-and-alcohol testing program for its crew.

The Coast Guard also stopped a 32-foot pleasure craft with 11 people aboard Saturday in Haulover Inlet in Miami-Dade County for similar infractions.

The charter boat operators could face tens of thousands of dollars worth of fines, the Coast Guard said.

Good advice before hitting the water is to carefully study Florida’s boating regulations and requirements and adhere to them fully. You can find boating regulations for Florida here. Just like automobile drivers can be ticketed or arrested for irresponsible behavior on the road, boat operators can be fined or imprisoned for negligent and reckless behavior. Even worse, carelessness can lead to serious injuries and death.

Charter boat/party boat accidents are frequently caused by negligent navigation, improper training of the crew, and unsafe equipment. Lacking safety equipment and little or no training in shipboard safety can result in preventable injuries and death.

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Two 13-year-old boys have been arrested in Miami after authorities say they tried to carjack a teacher outside a school and crashed just moments later.

The boys were arrested Monday and charged them with armed carjacking.

Police allege one of the boys brandished a handgun at the 59-year-old teacher as she was entering her car last week outside the elementary school. A surveillance video allegedly shows the woman running off as both boys hop in and tries to drive away.

The video apparently shows the boys have trouble backing out, as if the parking brake was still engaged. While leaving the parking lot, police say the car crashed into a curb, and the boys fled on foot.

Carjacking is the crime of stealing another person’s vehicle with a gun, knife, or other type of weapon. Due to the fact that carjacking involves the use of threats or violence to hijack another person’s car while they’re still in the vehicle, it is considered a violent crime. Like all violent crimes, carjacking is vigorously prosecuted by both law enforcement officials and the State.

If you are convicted of carjacking, you will face a number of serious penalties, such as time behind bars, large fines, restitution to the victim, probation, and a strike on your record. It is unclear whether the teens involved in this alleged crime will be charged as juveniles or adults. Due to the serious nature of the charges, the court could rule either way.

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Our South Florida Injury Lawyers at Whittel & Melton urge you to think twice before getting wrapped up in the #InMyFeelings Challenge aka the KeKe Challenge.

The “In My Feelings” challenge started earlier this month when well-known rapper Drake came out with a new song.

A dance was created and turned into a dangerous act where drivers jump out of moving cars to participate.

For one man, the challenge went wrong.

A Boynton Beach man was a struck by a car while filming a video for the so-called “In My Feelings” challenge.

The 22-year-old was supposed to hop on the hood of a friend’s car while recording a web video, but he slipped and was struck by the car.

Fortunately the man only suffered minor scrapes.

Our South Florida Auto Accident Injury Attorneys at Whittel & Melton want to warn you against participating in this dangerous and illegal activity. In fact, if you are caught, Florida drivers can accumulate about $1,000 worth of citations for their participation in the KeKe challenge:

  • No seatbelt – $114
  • Careless driving – $164
  • Impede the flow of traffic – $164
  • Reckless – $300-$500
  • Possible criminal charges if resulting in death or serious bodily harm

So if you want to participate, we urge you to keep both feet on the ground and refrain from jumping out of you car.

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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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