Criminal Aspects of the Affordable Care Act: A Rise In Medicare Fraud and Anti-Trust

Implementation of the ACA is going to keep attorneys busy for years.  Many local law firms have already ramped up for the large up-tick in work expected following implementation.  While civil attorneys will see increased caseloads in their traditional field, in many instances they may also need to advise clients of potential criminal consequences.

Compliance with the ACA will be a growing problem..  Federal health investigators have launched 112 new investigations, nearly one-quarter of those deal directly with programs authorized under the ACA.  These investigations have yet to reach Sacramento but they are on our horizon. Continue reading

The Stupidest Criminal Case Ever…

Justice system in USALast week I had a client acquitted in under 45 minutes of two alleged sex crimes. Since the day this client retained me I nick-named his case the Stupidest Criminal Defense Case Ever. Why? The allegations were ridiculous. The only way to find all of the statutory elements based on the contents of the police reports required an active imagination. A very active imagination.

Unfortunately I can’t disclose the specific facts – it’s such an odd scenario it could give away the client’s identity. It was akin to being arrested for being breaking into a house and law enforcement wouldn’t believe the client actually owned the house no matter what anyone told them or what evidence they were given. It felt like practicing law in a county where the standard was guilty until proven innocent!
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SEC Levies Fine Against Diebold for FCPA Violations

Diebold, the company that makes ATM machines and security systems has run afoul of the FCPA [Foreign Corrupt Practices Act].  The SEC has alleged that some of Diebold’s subsidiaries spent more than $1.8 million dollars on travel, entertainment and other gifts in trying to influence bank owners’ decisions in China.

From a business perspective, one of the main challenges presented in doing business overseas is the expansive definition of who a “foreign official” is under the FCPA. Businesses have to balance the reality of how business is conducted in certain foreign countries with laws here in the United States, laws which can make it very difficult to get business done. Continue reading

In Criminal Cases the Best Defense is Often Behind the Scenes

Expert WitnessesAt a local restaurant over the weekend I ran into a couple I’ve known for a couple years through our children’s school.  In conversation, I discovered they both are psychologists who specialize in trauma victims.   I was thrilled – I’m always on the look-out for potential new experts.

The best way to defend a state or federal criminal case is to make sure it never gets filed, by persuading the prosecution the client is innocent, or that the case is unwinnable.  Experts can be key to developing compelling reasons for the prosecution not to file criminal charges.     Continue reading

California sex offender law blocked by federal judge

CriminalDefenseSexOffender-e1361546618102In November, California citizens passed a number of bills that markedly influence the criminal justice system in our state. One such bill was Proposition 36, which allows inmates serving a 25-to-life time for a “three-strikes” offense that is neither serious nor violent to apply for a reduced sentence.

Another bill passed by California voters was Proposition 35, or the Californians Against Sexual Exploitation Act. The bill, which passed with a vote of 81 percent, requires any registered sex offender to give law enforcement a list of their email addresses, usernames, screen names, and any other identifier they use for social networking, online discussion forums, chat rooms, and instant messaging. Continue reading

Midsummer Night’s Dream at the Sacramento Ballet

Sacramento Ballet - Barth Tozer & Daly LLPIf you enjoyed the Nutcracker Ballet back in December, you’ll likely also enjoy the Sacramento Ballet’s latest performance!

The Sacramento Ballet is the city’s most beloved ballet company, and their performances are a favorite of many residents. The company’s newest performance is A Midsummer Night’s Dream, based upon the famous comedic play by Shakespeare. Audiences of all ages will delight in the humor of this family-friendly performance.  Continue reading

New Laws For California Landlords and Property Owners

CaliforniaLandlordLaws-e1361546562329Being a landlord can be challenging on several different levels. One of those many challenges (perhaps one that is near the very top of the list) is staying up on all of the changes in landlord-tenant laws. However, despite the difficulty, it is very important that landlords and property owners do stay current in order to protect themselves from legal and financial repercussions.

A recent article entitled “New Laws for Property Owners and Landlords” outlines some recent law changes that all California property owners and landlords should know. Here are some of the highlights: Continue reading

False Criminal Accusations as a Divorce Strategy

A recent civil suit involving false criminal accusations against a spouse underscored the often intertwined nature of family law and criminal defense.   It also highlighted the sad fact that often times law enforcement agencies are too over-worked and under-funded to adequately investigate all the complaints they receive.

John and Alice married in 1995.  By 2005 Alice was reading books on the subject of divorce and money.  One of the books included information about using false criminal accusations against a spouse in criminal proceedings.  Alice and co-conspirator, Toothman, conspired to bring false claims against John.  In August 2005 Alice and Toothman reported to law enforcement that John had threatened to kill Alice and the couple’s children.

A criminal case alleging a felony violation of Penal Code section 422, criminal threats, was filed against John.  The case went to trial.  John was acquitted.

At the time of reading the verdict, and in somewhat dramatic fashion, the jury foreperson read a statement that said:  “We, the jury, believe that the absence of any real investigation by law enforcement is shocking and we agree that this appears to follow a rule of guilty until proven innocent.  There was no credible evidence supporting the indictment.  We believe prosecuting this crime was not only a waste of time, money and energy, for all involved, but is an affront to our justice system.  The jury recommends restitution to the defendant for the costs and fees for defending himself against these charges.  This jury requests that our collective statement be made available in any [future] legal action relating to these parties…”

John filed a civil suit against Alice and Toothman for malicious prosecution, false arrest and imprisonment, negligent statements without justification, intentional infliction of emotional distress, and for damages for violation of his civil rights.  The full opinion is available at Lefebrve v. Lefebrve, 196 Cal.App.4th 696.

The fact that a criminal trial even occurred is a travesty of justice.  The unfortunate truth is law enforcement, particularly state and local law enforcement, does not have the man power or the budgets to investigate every claim.  Deputy District Attorneys often have enormous case-loads, sometimes more than 100 files. In particularly overwhelmed jurisdictions the unfortunate reality is that they read their files the night before they start a trial,  or even while on their way to the trial department.

Sophisticated clients can invent criminal allegations against other people that can fool even the best trained law enforcement.  That is why a working relationship, a partnership, between family law lawyers and experienced criminal defense attorneys like Kresta Daly,are so important.  Sometimes, these are the only people with the time and the ability to defend and protect not only clients but the integrity of the legal system.

Kresta Daly has a proven track record of working with family law attorneys and defending people falsely accused of a crime.  John, the defendant in this case, ultimately received a finding of factual innocence which removes the accusations from his records.   Kresta Daly is one of only a few Sacramento Criminal Defense Attorneys who has successfully litigated a finding of factual innocence.

If you have a case that would benefit from the advice of an experienced criminal defense attorney please contact Kresta Daly.

Sacramento Empty Bowls fundraiser returns for its 10th year

Sacramento-Empty-BowlsRiver City Food Bank will hold Empty Bowls, its premier event and fundraiser, this March. Empty Bowls will raise money and awareness for the food bank and its ongoing battle against hunger in Sacramento County.

This event is particularly special because it marks the 10th anniversary of Empty Bowls! At last year’s event, 1,400 attended and raised over $106,000. River City Food Bank hopes that this year will be even more successful: the organization’s goal is to raise $125,000. 96% of the proceeds from the fundraiser directly funds River City Food Bank’s programs serving the community. Continue reading