Michigan Criminal Lawyers Blog

November 13, 2012

Livonia Doctor Convicted of Medicare Fraud, Ordered to Pay $3 Million in Restitution

A Livonia gynecologist, 63-year-old Jonathan Agbebiyi of Sterling Heights, has been ordered to pay nearly $3 million in restitution to the government after being convicted of Medicare fraud. According to the U.S. Attorney’s office, Agbebiyi was convicted on charges of conspiracy to committing health care fraud and six counts of health care fraud in May of this year. News reports also state that the doctor was sentenced on November 8 to 5 years in prison and 2 years of supervised release. Between 2007 and 2010, Agbebiyi worked at three clinics in Livonia.

Agbebiyi, who reportedly bilked Medicare for $5.4 million, was sentenced by U.S. District Judge Arthur Tarnow. During the week-long trial, evidence was allegedly presented which revealed that Agbebiyi performed neurological tests which were medically unnecessary in the conspiracy to bill Medicare. Court documents claim that diagnostic tests were administered by clinic employees according to news sources, and that these employees lacked “meaningful training.”

According to prosecutors, patients were lured to the clinics by the promise of cash, prescriptions and fast food, and were not referred by other physicians. The FBI and U.S. Health and Human Services Department’s Office of Inspector General investigated the case, stating that some patients underwent testing that involved sending an electric current through the legs and arms. Patients who received these tests were not followed up on for further neurological treatment according to reports which state that Medicare was billed about $515 for each one of these tests.

This case was part of the Medicare Fraud Strike Force operations, a federal government program that has charged over 1,300 defendants across the nation since 2007 with more than $4 billion in Medicare fraud.

Michigan fraud defense attorneys know that those convicted on charges of Medicare fraud will face severe penalties. In most cases, those involved will be subject to significant fines, prison time, and restitution, or repayment of the money illegally gained from Medicare.

November 12, 2012

Detroit Coney Island Robbery Leaves Suspect Dead

by Scott Grabel

Recently, a suspect in a Coney Island armed robbery was shot and killed in the process of robbing the Detroit restaurant. A customer who was in the restaurant at the time pulled his weapon and fired on the suspect when the suspect fired at the owner, Adi Avdolli, striking him in the shoulder. The customer who shot the suspect is a CPL (Concealed Pistol License) holder.

Initially, two men allegedly entered the restaurant to rob it, according to news reports. The second suspect fled and was on the run following the altercation. According to Adi Avdolli, the suspect who was shot by the customer put the gun in Avdolli’s face and pulled the trigger. Avdolli claims the gunman did not ask him for money.

When the armed customer shot the suspect, the second suspect was standing guard at the door and fired his shotgun, grazing the shoulder of the armed customer. The customer, who fired off eight rounds in total, is 51 years old; he said that he wanted to save Avdolli’s life and the lives of the others in the building. The man told reporters that individuals who do “stuff like this” should watch out, because they never know when someone may be legally carrying a gun and capable of protecting those in the vicinity.

The suspect who lost his life was 29 years old. News reports claim that another customer was grazed by a bullet when the gunfire erupted as well, but was not seriously injured. According to Detroit police, the second suspect was wearing a black mask and an orange sweater at the time of the robbery; he fled on foot.

It was believed that the same men who attempted to rob the Coney Island restaurant also robbed an AutoZone about an hour earlier. The suspect who was killed while attempting to rob the restaurant was found to have the money from the AutoZone robbery in his possession.

November 9, 2012

Charges Dropped, Then Re-filed Against Man Accused of Slaying in Pandemonium Night Club Bouncer’s Death

by Scott Grabel

In September of this year, 40-year-old Lou Ferrin, a bouncer at Club Pandemonium in Detroit, died after being stabbed in the neck by a male patron he was ejecting from the club. At the time of the murder, the killer remained on the loose and police had no suspects. Ferrin, a father of three, was working at the club to support his family and owned his own security business according to family members.

A few days after the incident, Detroit police arrested 20-year-old LaVelle Dumas, who police say was escorted out of the night club after becoming involved in a fight with other patrons. News reports allege that Dumas produced a knife and proceeded to stab Ferrin in the neck.

On November 1st, Wayne County prosecutors dropped the charges against Dumas due to lack of evidence. The charges were dismissed after 36th District Court Judge Katherine Hansen said that prosecutors failed to show probable cause.

New charges were filed against Dumas just hours later. First-degree murder charges were filed by Wayne County Prosecutor Kym Worthy, whose office said that additional evidence will be presented to prove probable cause in the case against Dumas.

On November 1st when charges against Dumas were dismissed, he was released from jail only to be taken back by Detroit Police a few hours later.

In less than 1 1/2 years, four people have been murdered in connection to the Club Pandemonium. Just this past June, Marcel Jackson, a 38-year-old man working as a bouncer at the club, was fatally shot when he became involved in a dispute with a male patron. His murder has not been solved as of this date.

Michigan murder defense attorneys know that in some instances, innocent individuals face years behind bars and severe punishment for crimes they did not commit. In this case, the judge dismissed the charge because prosecutors could not demonstrate probable cause or present evidence. Cases which lack evidence are tough for prosecutors to prove, and sadly no matter how it turns out, the accused individual will have a cloud of suspicion and doubt hanging over his head unless conclusive evidence can be found that rules him out.

November 8, 2012

Novi Rear-End Crash on I-96 Leaves One Man Arrested for OWI

by Scott Grabel

In late October, an accident in which a pickup truck rear-ended a car on eastbound I-96 in Novi resulted in the arrest of a man who was allegedly intoxicated and subsequently charged with OWI (operating a vehicle while intoxicated). While the driver who was struck suffered neck pain and other minor injuries according to news reports, it’s likely that the man arrested for OWI will have his driver’s license suspended or even revoked, depending on his criminal history.

Michigan driver’s license restoration attorneys know that while jail time, fines and other penalties are often severe, perhaps the most severe of all is losing the privilege to drive. Driving is a right that most of us take for granted; until it is gone, we often don’t realize just how it impacts our lives and ability to work, attend school, or simply run to the grocery store.

According to news reports, the accident occurred at approximately 1:30 a.m. on October 21 on I-96 east of Novi Road. The car that was struck sustained heavy rear-end damage; the driver was transported to Providence Park Hospital via ambulance. A witness told police that the suspect was driving erratically and that as he had pulled over when the accident took place, he suspected the driver of the pickup was intoxicated.

Sobriety tests conducted by police revealed that the driver of the pickup had a blood alcohol level of 0.207, more than twice the legal limit of 0.08 in Michigan. Police also found a receipt indicating the man had more than 12 shots at a local grill in Commerce Township earlier in the evening. A bottle of cold beer that had been opened was also located in the pickup.

After being arrested on charges of OWI, the man’s case was turned over to the Oakland County Prosecutor’s Office for further review for any possible additional charges.

November 7, 2012

Ishpeming Man Arrested in May Meth Bust Sentenced

by Scott Grabel

In late May, 29-year-old Robert Thurman Fields and his wife, 30-year-old Nickolena Margaret Fields were arrested and taken into custody after police obtained a search warrant and found several components of a meth lab along with a small amount of what they suspected to be methamphetamine. The two suspects were living in a rented apartment in Ishpeming.

Several operations were involved in the search conducted at 129 W. Superior Street, including UPSET (Upper Peninsula Substance Enforcement Team), Ishpeming Police and Michigan State Police. Both suspects were placed in the Marquette County Jail after being taken into custody. Fields was charged with two counts of controlled substance and operating or maintaining laboratory involving meth; his wife was charged with one count on the same offense.

In October Fields pled guilty to delivery and manufacturing of methamphetamine as part of a plea agreement. News reports made no mention of Field’s wife, but did say that he could face a sentence of up to 20 years in prison along with a $25,000 fine.

On November 2, Robert Fields was sentenced to 18 months imprisonment by Marquette County Judge Thomas Solka, and given credit for time served. He has one year remaining on his sentence. The judge in the case did say that in handing out the sentence, the court must consider the reformation of Fields, the needs of the community and deterring other individuals who may be engaging in behavior similar to that of the Fields.

Michigan drug defense lawyers know that the sentence for Mr. Fields could have been much harsher. While it is not mentioned if he is required to pay a fine, spending 18 months in prison versus 20 years is a substantial difference.

November 6, 2012

EMU Budget Analyst Placed on Leave After Allegedly Embezzling $10,000

by Scott Grabel

Pamela McMichael, a 55-year-old woman who was working as a budget analyst in Eastern Michigan University’s Extended Programs and Educational Outreach department, has been accused of embezzling approximately $10,000 according to police and news reports. The embezzlement occurred over the summer months, according to EMU Police Chief Bob Heighes.

Heighes stated that investigators are not certain just how long it has been going on, and that the investigation is not yet complete. So far, efforts have been focused on the past summer. McMichael was arraigned on November 3rd on one count of embezzlement by an agent or trustee of more than $1,000 but less than $20,000 according to records.

McMichael, who was arrested on Friday and released from the Washtenaw County Jail on a $10,000 personal recognizance bond, has been placed on leave by the university. During a normal audit process which took place in August, the alleged embezzlement was revealed when auditors discovered irregularities. Police then took over the investigation.

According to news reports, McMichael will face a fine of three times the amount embezzled and as much as five years in prison if convicted of the charge. A preliminary exam is scheduled on November 13 at 8:30 a.m. according to Washtenaw County Sheriff’s Office Sgt. Geoffrey Fox.

Individuals who are charged with embezzlement and other theft related offenses must have a competent Michigan embezzlement attorney on their side in order to protect their legal rights and freedom. These types of charges are often extremely complex and diverse; because you have been arrested does not automatically mean that you must spend time in jail or face a permanent criminal record. Until proven guilty beyond a reasonable doubt, you are innocent.

November 5, 2012

Two Men Face at Least 20 Felony Charges Each Following Arraignment on Home Invasion Charges

by Scott Grabel

In late October, three men were charged with home invasion after working with a Dexter, Michigan, man to break into numerous homes in Ann Arbor and Dexter in the months of July and August. Now, two of those men are facing at least 20 felony charges each in addition to the second-degree home invasion charges.

Jeffrey Aron Schuh, 20, and Quang Nguyen, 19, were both arraigned recently on two charges each of second-degree home invasion. According to records, Schuh now faces 20 additional felony charges relating to 9 cases; Nguyen faces 24 additional felony charges related to 10 cases. Steven Colwell of Dexter, Nguyen, Schuh and Schuh’s father, Jeffrey Arthur Schuh, all allegedly worked together to break into numerous homes in Dexter, Ann Arbor and other Washtenaw County areas.

News reports indicate that Nguyen and Jeffrey Aron Schuh allegedly broke into homes on six different occasions in July, and three in August. Nguyen and Schuh’s father broke into another home on July 26.

The two men now face multiple charges, and face a maximum sentence of life in prison if convicted. Nguyen is facing two charges each of safe breaking, stealing a financial transaction device, and first-degree home invasion along with 18 charges of second-degree home invasion. Jeffrey Aron Schuh faces identical charges with the exception of second-degree home invasion, in which he was charged with 16 counts.

Nguyen, Schuh and Schuh’s father are currently held at the Washtenaw County Jail, and are expected to return to court on November 8 for preliminary exams.

The 4-man home invasion ring fell apart when Colwell was arrested on August 9th and confessed to police about the home invasions which took place mostly in Ann Arbor and Dexter. Residents reported stolen belongings which included credit cards and jewelry.

Michigan home invasion lawyers know that breaking and entering is a serious offense that puts the accused at risk of facing severe punishment if convicted. This is a crime that under Michigan law is tough to defend, making it essential that you choose an aggressive, capable attorney.

November 2, 2012

Two Teens Arraigned on Felony Murder and Home Invasion Charges in Slaying of Pontiac Man

by Scott Grabel

Oakland County Sheriff’s officials stated in a release on Friday, October 26, that two teens had been arraigned on felony murder and home invasion charges for an incident that left a 27-year-old Pontiac man dead. Donald Lee James, a 16-year-old Lake Orion High School student and 17-year-old Jonathan Hickerson of Pontiac were charged in the slaying of Adrian Contreras.

Apparently, Hickerson was injured in the incident as news reports state that he was being treated at a hospital for a gunshot wound he sustained during the altercation.

Contreras’ home, located in the 800 block of Inglewood Ave. near Cesar Chavez is where the alleged home invasion and killing took place on Monday, October 22 at approximately 3:30 a.m. Contreras died of a gunshot wound to the head according to the Oakland County Medical Examiner’s office, although he also suffered two gunshots to the chest.

The two teens allegedly forced their way into the home, then fired numerous shots; one of the victim’s two brothers who were inside the home returned fire at the intruders. Contreras’ wife and 6-month-old baby were inside the residence, but escaped and hid at a neighbor’s residence nearby.

In all, five people were inside the home when the home invasion occurred; no other injuries were reported. Reports claim that four pit bulls which were inside the Contreras’ home were removed by Oakland County Animal Control officers.

Some media outlets have suggested that Contreras was a target rather than an innocent victim in a home invasion, although the Oakland County Sheriff’s Office release indicates a home invasion. No further details of the incident or motive were revealed in news reports.

Michigan homicide defense attorneys understand the seriousness of charges such as felony murder and home invasion, and the consequences individuals face if convicted.

October 31, 2012

Michigan Man Sentenced in Cocaine Killing in Colorado

by Scott Grabel

Enrique Amaya, a 31-year-old Pontiac man, was sentenced on Monday to life in prison for conspiracy to commit murder by Detroit federal judge Paul Borman. Amaya was found guilty of the charges in June, after allegedly hiring a hit man to kill a man in Colorado so that he could avoid paying a cocaine debt of $400,000.

The judge also sentenced two other men involved in the case, 33-year-old Jesus Medina-Meraz of Sheridan, CO and alleged hit man 30-year-old Franklin Sierra-Rodriguez. Both pleaded guilty to murder conspiracy. Rodriguez was sentenced to 40 years in prison, Meraz to 32 years behind bars.

According to Barbara McQuade, Detroit U.S. Attorney, Amaya received large shipments of cocaine from Colorado. McQuade alleged that Amaya hired Sierra-Rodriguez to kill the Littleton, CO supplier Joaquin Lucero-Carrillo in his apartment in June of 2010.

News reports claim that at the time of the shooting, several witnesses were present. Colorado detectives were led to the metro Detroit area after investigations began, where Amaya’s drug dealings were being investigated by the U.S. DEA (Drug Enforcement Administration). The two agencies then worked in unison to piece together evidence and identify additional suspects. Investigations ultimately revealed that Sierra-Rodriguez had been hired by Amaya and his co-conspirator Medina-Meraz to kill the victim in order to wipe out the $400,000 cocaine debt.

Three other individuals pleaded guilty for their involvement in the murder-for-hire plot, and are awaiting sentencing. The three men were identified in news reports as 24-year-old Jose Alejandro Villalon-Espinoza of Pontiac, 27-year-old Rafael Maravillas, also of Pontiac, and 25-year-old Franklin Baquedano of Waterford.

When an individual is sentenced to life behind bars, his or her life is essentially over. Even being sentenced to many years in prison affects your future, career, relationships – every aspect of your life. A seasoned Michigan murder defense attorney will work aggressively to protect the legal rights and freedom of his client.

October 29, 2012

14-year-old Detroit Boy Charged as Adult in Slaying of Mother, Sentenced to 25-50 Years

by Scott Grabel

On Friday, October 26, 14-year-old Joshua Smith was sentenced to 25-50 years in prison after pleading guilty to charges of second-degree murder in the death of his mother, Tamiko Andrea Robinson, in September. Smith is charged as an adult in the case, and also pleaded guilty to a felony firearm charge. He was originally charged with first-degree murder.

Chiko Lewis, Robinson’s fiancé, testified in March at Smith’s preliminary examination that he heard gunshots as he slept in a back bedroom at Robinson’s home in the 5700 block of Burns on the night of February 27th. Lewis said that after hearing the gunshots, he tucked his 5-year-old daughter under his arm and attempted to escape, at which time he saw 36-year-old Robinson at the foot of the stairs. He said that she was bleeding, and had been struck by bullets. According to Lewis’ testimony earlier in 36th District Court, Robinson was gasping for breath and bleeding profusely.

Lewis claimed that after finding Robinson at the foot of the stairs, he noticed Smith standing above him on the staircase, pointing a shotgun directly at him. He said he started begging for his own life, saying, “please, please, please.”

News reports state that the courtroom was packed with about 50 students from Detroit Country Day, and that as Smith’s family spoke he wiped tears from his face with his T-shirt. Smith’s grandmother, Annie McKenzie, told the judge that Joshua had an insane moment, and that he was a good boy. She said he was not a killer, and that “I lost a daughter. Now I’m losing a grandson as well.”

The shooting allegedly occurred over a fight between Smith and his mother, who had told him not to hang out with boys that she considered to be thugs, or bring girls to her home. According to news reports the gun used in the shooting was Robinson’s fiancé’s, and was kept in a locked home office which Smith allegedly broke in to.

This is an extremely sad situation, and one that Michigan homicide defense attorneys see all too often. A young boy with his entire life ahead of him will now spend most of his life behind bars.