Michigan Criminal Lawyers Blog

July 27, 2012

Medicare Fraud Scheme Conviction Ends in 5 Year Sentence for Detroit Clinic Owner

In October of 2011, 53-year-old Emilio Haber pleaded guilty to a charge of conspiring to commit health care fraud. Haber was sentenced on Monday, July 23rd, to five years in prison and three years of supervision once his prison time is served. U.S. District Judge Patrick Duggan of the Eastern District of Michigan in Detroit handed down Haber’s sentence.

Haber will also be required to forfeit his bank account assets, which total approximately $99,000. He, along with co-defendants in the case, will also pay $6.4 million in restitution.

Michigan fraud defense attorneys know the serious consequences those accused of fraud related offenses face if convicted, and that it takes a skilled lawyer with expertise in complex financial matters to provide a solid, effective defense.

Haber allegedly bilked Medicare by paying some of his patients to fake ailments. Haber owned RiteCare LLC, a clinic located in Metro Detroit according to court records and testimony. According to these records, recruiters were paid as much as $150 to find individuals who for $75 would fake certain symptoms at the RiteCare clinics. Between 2007 and 2009, the fraudulent RiteCare scheme resulted in $6.3 million in Medicare payments of the $8.5 million in claims submitted.

According to the FBI website, Haber was ordered to pay $6,341,000 in restitution along with his co-defendants. The website also claims that Haber oversaw the fraudulent Medicare schemes at two of his clinics, and that he billed Medicare for tests and services which were not necessary, many of them nerve conduction studies.

The case against Haber was investigated by HHS-OIG (Dept. of Health and Human Services, Office of the Inspector General) and the Federal Bureau of Investigations. Haber’s financial future once released from prison appears bleak, considering the millions in restitution he and his co-defendants face.

July 27, 2012

Michigan Driver’s License Restoration Lawyers Work on Behalf of Those Convicted on Charges of DUI

by Scott Grabel

Individuals convicted on charges of driving under the influence or OUI, OUIL or OUID in the state of Michigan face serious and even life-changing consequences. Not only may you be subjected to jail time, steep fines and a permanent criminal record, you may have your driver’s license suspended or revoked. Until this happens, most individuals do not realize how seriously it impacts their lives. Having the right to drive is essential to life. Driving to and from work, to doctor appointments, to buy groceries, even shuttling the kids around; when you can no longer drive, it can be devastating to your life.

Michigan driver’s license restoration lawyers work on behalf of those who have had their license suspended or revoked following a DUI conviction. Why do you need an attorney to have your license reinstated? It isn’t as simple as you might think – in fact, the process can be quite difficult and complex.

Ultimately, individuals who have had their driver’s license revoked usually have only one opportunity each year to file a driver’s license restoration petition. Get it wrong, and you will likely face being without your license for another year. Regardless of whether your license has been suspended or revoked following a second or even third DUI conviction, you need an attorney who is skilled, experienced and knowledgeable in the process of having it restored.

What will a dedicated Michigan driver’s license restoration attorney do on your behalf to ensure you will reclaim your right to drive? Your lawyer should first prepare you for your DAAD (Driver Assessment and Appeal Division) hearing, consult with you regarding what will need to be proven at this hearing, and assist you in obtaining effective letters of reference for submission at the hearing. It’s important that the letters of reference submitted come from reliable sources, such as co-workers, sobriety sponsors, family members or others who are respected in your community. Without capable legal counsel, most individuals have no idea how to proceed or what is necessary to have their license reinstated.

July 25, 2012

Judge Throws Out Lansing Case Involving Slashing of Ex’s Boyfriend

by Scott Grabel

A Lansing man was charged in June of this year with assault with intent to murder and first-degree home invasion. 34-year-old Jason Desjardins was accused of allegedly slashing the boyfriend of his ex-girlfriend, but according to court records Lansing District Judge Charles Filice has now dismissed the case.

Michigan violent crimes attorneys know that being convicted on charges of assault with intent to murder carries serious penalties. The convicted individual may face a sentence of life in prison. If the accused had been convicted on the home invasion charge, he may have been imprisoned for as long as 20 years.

It all began on June 21st around 3:30 a.m. when police were called to a residence in the 300 block of South Holmes Street after the caller reported a stabbing. When Lansing police arrived on the scene, they witnessed a man running from the perimeter of the home. That man was Desjardins, who police found shortly thereafter hiding under a vehicle approximately a block away.

According to the victim, Desjardins came to the home because he wanted to speak with his ex-girlfriend. Police said that when the victim opened the door, he was slashed immediately. Police also recovered the weapon used to slash the victim, but would not disclose what the weapon was.

The victim, a 27-year-old Lansing man, spoke with police at the time of the incident. Living at the residence with his girlfriend, police described the injuries as deep lacerations. He was treated for injuries which were not considered life threatening at a local hospital.

According to court records, prosecutors in the case made a motion to dismiss the charges.

Although reports did not reveal why prosecutors decided to drop the charges against Desjardins, it is likely due to the fact that penalties for a conviction are so harsh, and the victim did not sustain life-threatening injuries.

Michigan criminal defense lawyers know that all too often, young people such as the 27-year-old defendant in this case make mistakes out of passion or jealousy. However, the penalties for a conviction are extremely harsh, literally ruining the accused individual’s life and any chance to become a productive citizen.

July 17, 2012

Ohio Man Faces Murder and Assault Charges in Deaths of Two Michigan Sisters

by Scott Grabel

A shooting that occurred on Friday evening, July 13th, left two sisters dead and their mother wounded. Now, 38-year-old Ohio resident Thomas Fritz faces charges of assault and murder once he is apprehended. The shooting took place in Blissfield in southeast Michigan. Fritz allegedly shot his ex-girlfriend, her sister and her mother.

The victims were identified as Lisa Gritzmaker, 24, Amy Merrill, 33, and Robin Lynn McCowan, 52. One of the victims made a 911 call which led police to a home where the women were found. As of this writing, police were still in pursuit of Fritz, who is thought to be driving a burgundy colored Honda four-door vehicle. He is considered by police to be armed and dangerous.

Fritz is a registered sex offender, convicted in April 2006 on one count of sexual battery for which he was sentenced to one year in state prison. According to Michigan State Police Lt. Sean Furlong, the relationship between Amy Merrill and Fritz had ended within the three weeks prior to the murders.

An annual summer festival held in the small farming community of Blissfield had just come to an end when authorities received the 911 call. While living in Michigan with Amy Merrill, Fritz had used a different name according to police, which was likely due to his Ohio probation.

Murder is an extremely serious criminal offense, one that results in severe punishment when the accused is convicted. It is critical that those charged with murder consult with an aggressive Michigan criminal defense lawyer right away to discuss the most effective plan of action.

July 17, 2012

Charged With Driving on a Suspended License? Why You Need a Capable Michigan Driver’s License Suspension Attorney

by Scott Grabel

Regardless of whether or not you knew you were driving on a suspended license, you are still charged with a criminal offense. The fact that you believed your license was valid is not necessarily a legal defense which will work in your favor. Depending upon the circumstances that results in your license being suspended, you could be facing severe punishment. Michigan driver’s license suspense attorneys know how to effectively challenge the charges, and work to help ensure that you keep your license.

There are multiple reasons you may have had your Michigan driver’s license suspended including DUI, reckless driving, driving without insurance, hit and run and other traffic offenses. In the state of Michigan, driving on a suspended license is a misdemeanor offense which can result in fines of up to $500 for a first offense, as well as up to 93 days in jail. Subsequent convictions mean penalties become even more severe.

If you were driving on a suspended license and caused an accident, you will face felony charges which are typically much more serious than misdemeanor charges. In fact, you could be sentenced to fines of as much as $5,000 and up to 5 years in prison depending upon the circumstances and whether an individual lost his/her life in the accident. When someone loses their life, the stakes become even higher.

Regardless of the circumstances, it is critical that you consult with a skilled driver’s license suspension lawyer in Michigan who will work to protect your rights and protect you from serious consequences. A suspended license impacts your ability to work or seek employment, and a criminal record will haunt you in various aspects of your life for decades to come.

April 8, 2012

Trial Court Error In Arson Case Not Considered An Acquittal In Michigan v. Evans

by Scott Grabel

A recent 6th Circuit Court of Appeals case evaluated what an “acquittal” means for purposes of double jeopardy. Double jeopardy is the legal concept that means you can’t be tried twice on the same charges. This means a prosecutor is forbidden from being a second lawsuit against a defendant after he or she has been convicted or acquitted of a particular charge.

In Michigan v. Evans, the defendant Lamar Evans was accused of burning a vacant house pursuant to MCL 750.73, Michigan’s arson statute, which provides:

“Any person who willfully of maliciously burns any building or other real property, or the contents thereof … shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 10 years.”

If you have been charged with arson or any other Michigan criminal offense, consulting with an experienced Michigan criminal defense law firm is important to protect your rights and begin preparing your defense.

At trial, the court erroneously told the prosecution that in order to prove Evans’ guilt, it had to show that the burned house was not a dwelling. Because the prosecution failed to provide this evidence, the court granted a directed verdict for the defendant and entered an acquittal dismissing the case.

In Michigan, arson is defined as the deliberate burning of a house or building and the law distinguishes among:

• Arson involving houses;
• Arson involving “other real property”; and
• Arson involving personal property.

Despite the distinction, it is not necessary to show where the alleged crime involves “other real property” that the building was not a dwelling.

September 7, 2011

Ann Arbor Attempted Home Invasions Raise Concerns

by Scott Grabel

According to Ann Arbor news two attempted Michigan home invasions occurred this past Tuesday morning, putting residents on alert for future incidents. Fortunately no one was injured.

In one alleged attempt, a 21-year-old man was in is bedroom when another man tried to remove his window air conditioner. When confronted, the alleged perpetrator ran away. He was described as 20 years old, 6 feet tall, 175, black and wearing dark pants and a varsity jacket. In the other attempted home invasion, a woman contacted 911 after observing a man try to pry open a rear screen door. After the woman confronted him he ran away. No description was provided.

If you are under investigation for or have been arrested for a property or theft crime it is important to contact an experienced Michigan criminal defense lawyer at once to begin preparing your defense.

Property crimes fall into a number of categories and the defense, as well as potential penalties, vary based on how these crimes are charged.

Under Michigan law, theft and property crimes include theft, grand theft, home invasion, burglary, larceny and embezzlement. Petty theft includes those situations where an individual takes another’s property against their will with the intent to permanently deprive them of that property. To qualify as “petty theft” the amount of property taken will generally not exceed $1000 and is typically charged as a misdemeanor crime
Penalties for theft of property under $200 include: Continue reading