Articles Posted in Medicaid Fraud

People walk on the steps of the U.S. Supreme Court in Washington on Saturday April 26, 2014. The Supreme Court is considering whether police may search cellphones found on people they arrest without first getting a warrant. The court’s latest foray into the issue of privacy in the digital age involves two cases being argued Tuesday that arose from searches of phones carried by a gang member and a drug dealer. Police looked through their cellphones after taking the suspects into custody and found evidence that led to their convictions and lengthy prison terms. (AP Photo/Jacquelyn Martin)

In a decision which will impact criminal defendants and their ability to fight their cases with counsel of their own choosing, the Supreme Court yesterday ruled that the government may not freeze assets needed to pay criminal defense lawyers if the assets are not proceeds of the alleged criminal activity.  The 5-3 decision, which mixed up the usual conservative and liberal alliances, found that the Constitution’s Sixth Amendment right to counsel was superior to the government’s interest in freezing and preserving untainted funds for restitution and penalties should prosecutors later obtain a conviction in cases involving bank fraud and health care offenses.  Continue reading

In a widely reported and very rare move, a New York State judge dismissed all charges against the director of a Brooklyn adult day healthcare center, accused of Grand Larceny in the First degree of over $6.5 million of Medicaid money. Facing up to 25 years in prison, Gelena Deverman’s case was dropped due to the lack of sufficient grand jury evidence upon review by the court. This decision occurred after a two years of investigation by the New York Attorney General’s office into the billing procedures of the Northern Manor Adult Day Healthcare Center in Brooklyn. Most top criminal lawyers in New York will have a result like this once in a career: that is the level of rarity of this result.   Continue reading