Author Archives: Jay Butchko
Ethical Dilemmas In Defending Medical Professionals
Defending medical professionals in high-profile cases presents unique ethical dilemmas. Health care attorneys must balance patient care, professional integrity, and legal obligations, often facing tough decisions. Medical professionals hold positions of trust, and any legal defense must account for the potential impact on patient welfare, the physician’s reputation, and broader medical ethics. This blog… Read More »
Physician Self-Referral Law: Navigating Section 1877 Of The Social Security Act
Physicians who refer patients for designated health services (DHS) under Medicare to entities they have a financial relationship with may be in violation of Section 1877 of the Social Security Act, also known as the physician self-referral law or the Stark Law. This law prohibits such referrals unless specific exceptions apply. Violations can result… Read More »
Phantom Billing Is A Serious Criminal Charge For Physicians
Phantom billing is a form of healthcare fraud that involves billing for services, visits, or medical supplies that a patient never received. Physicians and medical professionals implicated in phantom billing can face severe legal consequences, including criminal charges, civil penalties, and professional repercussions. This type of fraud not only defrauds insurance providers, including Medicare… Read More »
The Role Of Intent In Criminal Law
In criminal law, intent is a crucial element that can determine the outcome of a case. When someone is charged with a crime, proving intent—or lack thereof—can be the difference between conviction and acquittal. An experienced Florida criminal defense attorney has the training, experience, and expertise to understand what intent means in a criminal… Read More »
Defendants Indicted In Health Care Fraud Scheme Targeting Medicare And Medicaid
The recent indictment of seven individuals across multiple states for a $40 million scheme to defraud Medicare and Colorado Medicaid through fraudulent genetic testing claims demonstrates the serious legal consequences of health care fraud. The case highlights how fraudulent activities can target government programs like Medicare and Medicaid, with the perpetrators using kickbacks, bribes,… Read More »
Medical Licensing At Risk: How Doctors Can Defend Their Careers Against Fraud Accusations
Fraud allegations pose a significant threat to a physician’s career, as they can result in the suspension or revocation of a medical license. These accusations not only carry criminal penalties but also professional consequences that may end a doctor’s ability to practice. When facing fraud allegations, defending a medical license is critical to a… Read More »
What Every Healthcare Provider Should Know About The False Claims Act
The False Claims Act (FCA) is a law designed to protect government healthcare programs, like Medicare and Medicaid, from being overcharged or misled. If healthcare providers submit claims they know—or should know—are false, they could face serious penalties, including hefty fines. Each false claim submitted can result in fines of up to three times… Read More »
Former South Florida Law Enforcement Officer Sentenced To Four Months In Prison For Pandemic-Related Loan Fraud
On August 28th, 2024, the Miami Herald a former law enforcement deputy from Broward County will serve four months in prison after being convicted for pandemic-related loan fraud. Alexandra Acosta—a ten-year veteran of the Broward Sheriff’s Office—was convicted of defrauding the federal Paycheck Protection Program (PPP) out of more than $20,000. Here, our Orlando… Read More »
Arrest Warrant Issued For Man Accused Of Practicing Medicine Without License In Central Florida
On September 3rd, 2024, WESH 2 News reported that a man from Central Florida is facing an arrest warrant for practicing medicine without a license. Juan Carlos Ignacio Muñoz Melgar is accused of committing the offense in Orlando and St. Cloud. Here, our Orlando white collar criminal defense lawyer discusses the allegations and the… Read More »
Do You Have To Notify The Florida Board Of Medicine If You Are Arrested?
Facing a criminal charge is always stressful—especially so for licensed physicians. You may be wondering: Are you required to report an arrest to the Florida Board of Medicine? The short answer is technically no—but a conviction or no contest plea must be reported within 30 days. Here, our Orlando criminal defense lawyer for doctors… Read More »
Contractor In Florida Arrested, Charged With Construction Fraud
According to a report from News 4 Jax, a contractor from North Florida has been arrested and charged with construction fraud. Michael Chad Reed—a home builder from Nassau County—is accused of absconding with customer funds without providing services. Here, our Orlando white collar defense attorney provides a more thorough explanation of the allegations and… Read More »
Florida Second In Nation In Elder Fraud Complaints
According to a report from Spectrum News 13, Florida has the second highest rate of elder financial fraud complaints nationwide. The Federal Trade Commission (FTC) estimates that elderly Americans lost $2.5 billion to fraud in 2023 alone. Though the agency noted that the full scope of elder financial fraud may even have been far… Read More »
Doctors Illegally Prescribing Medications For Financial Gain: The Case Of Matthew Perry’s Tragic Death
The recent case involving the death of Matthew Perry, the beloved “Friends” star, highlights the dark and often hidden world of doctors illegally and improperly prescribing medications for financial gain. Five individuals, including two doctors and Perry’s personal assistant, have been charged in connection with what prosecutors describe as an “underground criminal network” dedicated… Read More »
The Crime Of Wire Fraud: The Case Of Austin Michael Taylor
Wire fraud is a serious federal crime involving the use of electronic communications to carry out fraudulent schemes. The recent case of Austin Michael Taylor, founder of the cryptocurrency project CluCoin, highlights the severe consequences of wire fraud and the mechanisms by which such crimes are committed. The Case Background Austin Michael Taylor, at… Read More »
Whistleblowers Incentives In Uncovering White-Collar Crimes
The Biden administration is launching a new initiative offering whistleblowers a share of asset forfeitures resulting from successful prosecutions of white-collar crimes. This program aims to incentivize insiders to report financial misconduct, potentially leading to substantial financial recoveries. Whistleblowers play a critical role in uncovering white-collar crimes, which often involve complex financial schemes and… Read More »
The Legal Implications Of Health Care Fraud
Health care fraud is a complex crime that affects both the financial integrity of healthcare systems and the quality of patient care. It involves illegal activities aimed at defrauding health care programs like Medicare, Medicaid, and private insurance companies, often leading to significant financial losses. Health care fraud is a serious offense with significant… Read More »
What Are Your Miranda Rights?
Miranda Rights are a critical component of the criminal justice system in the United States, designed to protect the constitutional rights of individuals during police interrogations. These rights stem from the landmark Supreme Court case Miranda v. Arizona (1966), which established that suspects must be informed of their rights before being questioned by law… Read More »
Sixth Suspect Arrested In Florida Sex Trafficking Ring: Key Developments And Legal Implications
Investigators have arrested Sandra Garavito, the sixth suspect implicated in a sex trafficking ring operating out of massage parlors and barbershops in Hillsborough and Manatee counties, Florida. Garavito, who turned herself in last Friday, faces charges of prostitution and violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act. Her arrest follows a comprehensive… Read More »
Doctor Convicted For Unlawfully Distributing Opioids
A federal judge recently convicted Dr. Michael Fletcher, a former member of the Kentucky Board of Medical Licensure (KBML), for illegally distributing opioids. The Baez Law Firm is not involved in this matter but uses it as an example to highlight serious breaches in medical ethics and regulatory responsibilities, especially given Fletcher’s role in… Read More »
The Fruit Of The Poisonous Tree Doctrine: Ensuring Justice Through Exclusion
The “Fruit of the Poisonous Tree” doctrine is a critical legal principle in United States constitutional law. It ensures that evidence obtained through illegal or unconstitutional means is excluded from use in court. This doctrine is rooted in the Fourth Amendment, which protects against unreasonable searches and seizures. Understanding this doctrine is essential for… Read More »
Florida Plastic Surgeon Charged With Manslaughter In Wife’s Death
In a case from the Florida Panhandle, plastic surgeon Benjamin Brown faces manslaughter charges following the death of his wife, Hillary Brown. Authorities allege she suffered cardiac arrest during after-hours procedures performed by Brown at his clinic, resulting in her death days later. In November, Hillary Brown went into cardiac arrest while her husband,… Read More »
Sean Kingston And Mother Charged With Wire Fraud
Sean Kingston, the well-known rapper and singer, along with his mother, Janice Turner, have been charged with conspiracy to commit wire fraud and multiple counts of wire fraud by a federal grand jury in Miami. This high-profile case has garnered significant attention, highlighting the serious nature of wire fraud charges. The Baez Law Firm… Read More »
The “Bayshore Rapist” Seeks A New Trial: Understanding Post-Conviction Relief And Legal Requirements
Luis Harris, known as the “Bayshore Rapist,” is set to appear in court to request a new trial. Convicted in 2011 for kidnapping, robbing, and raping a woman while posing as a police officer, Harris has consistently maintained his innocence. Representing himself after firing his public defender, his initial trial was marked by courtroom… Read More »
Fort Lauderdale Man Detained Amidst Investigation Of Wife’s Disappearance In Spain
David Knezevich, a Fort Lauderdale man, remains in detention as his attorneys seek his release, arguing the FBI’s kidnapping charge is a pretext to keep him while investigating his wife’s disappearance as a potential murder. Arrested at Miami International Airport in May, Knezevich is accused of being involved in the suspicious disappearance of his… Read More »
Federal Sentencing Guidelines: What They Mean For Your Case
The federal sentencing guidelines are a set of rules established to ensure consistent sentencing practices across federal courts. These guidelines were developed by the United States Sentencing Commission, an independent agency within the judicial branch, to create a fair and uniform sentencing system. They provide a framework for judges to determine appropriate sentences for… Read More »