February 1, 2012

In New York, a discussion of limits on medical malpractice awards

Currently in the state of New York, there is an interesting dynamic happening in the medical field regarding awards given to victims of medical malpractice.

Many representatives of hospitals are arguing in favor of “caps” for financial compensation awarded to victims of alleged medical malpractice, in response to malpractice lawsuits. A New York Criminal Lawyer notes that one of the main reasons for their argument is the correlation between high malpractice awards and high costs of medical care to the average patient. The hospitals and doctors that are fighting for these malpractice award caps are also directly correlated to the increased need for “defensive medicine”, which includes certain medical procedures and tests which might normally be deemed unnecessary, were it not for the extra care given to patients out of fear of malpractice accusations.

On the opposite side of the spectrum, as observed by a New York Criminal lawyer, are consumer advocacy groups and attorneys, who claim that award caps for medical malpractice are detrimental to the interests of patients. They continue with a positive reason for keeping caps off of malpractice award suits by stating that when it comes to long-term care, cap-less awards act as an important element for the well-being of the patients. Furthermore, they maintain that hospitals do not usually pay such malpractice awards out of their own pocket; in fact, the insurance provider usually takes care of such claims, although insurance premiums have steadily increased in recent years.

Another reason that hospitals and doctors are hoping for award caps is the claim that such caps would result in a substantial lowering in insurance costs for the hospitals. However, a representative of the New York State Bar Association comments, "We've looked at the states where this has been put into place, for example in Texas," he said. "Texas adopted caps. Have insurance rates gone down? No. They haven’t gone down one cent." Medicaid currently has a multi-billion dollar budget, yet they do not pay out damage claims in cases of medical malpractice. Although doctors and hospitals have stressed the necessity for “relief” from massive malpractice awards, it appears as though the majority of cases and costs are absorbed by the insurance provider.

This issue is important to society and it is hoped that a delicate balance is struck between proper medical care for patients and the avoidance of flippant malpractice lawsuits. As the State of New York battles through this issue, we are likely to see similar debate nationwide In the event that you or those you love find yourself in the midst of a scenario such as that described above, qualified legal counsel is available to assist you with individual care and concern, as well as beneficial legal counsel and representation.

Whether you have been charged with Medicaid fraud, insurance fraud, or other white collar crime, it is important to speak with our office as soon as possible. We will ensure that you receive an aggressive defense, and that your rights are protected.

January 23, 2012

College Student Arrested for 22 Fake ID’s

A 20-year old college student has been arrested in Boulder, CO, for allegedly picking up a box that contained fake identifications, sources have told a New York Criminal Lawyer. The University of Colorado sophomore had allegedly gone to the local grocery store to pick up a box that had been delivered to the store bearing a friend’s name.

Although the young man initially told police that he simply got “caught in the middle” of his friend’s scheme to distribute fake ID’s, police soon discovered there was more to the story that what they were just told by the suspect. During a routine check for weapons, officers discovered the suspect’s wallet. Within the wallet was a fake id. This was all the arresting officers required in order to charge the youth with “suspicion of forgery, criminal possession of a forged instrument and unlawful acts,” police told the NY Criminal Lawyer.

Authorities were tipped off as to the contents of the package when the package was delivered to the a grocery store by UPS, and an employee opened the package by mistake. She discovered a total of 22 fake ID’s that were grouped in pairs for 11 people. Sources went on to inform a Staten Island Criminal Lawyer that although each of the ID’s did match a real person as well as their address, each of the ID’s listed the person as being at least 21 years of age.

Why the package was shipped to the grocery store rather than to one of the parties, is one question that the police may already have an answer. The youth has been at least partially cooperative with Boulder Police as they investigated during the arrest. His words were to the effect that since he had used the Western Union services at the grocery store to pay his friend for the ID’s, that his friend must have gotten the addresses confused when he shipped the fake ID’s. A critical error apparently.

The investigation is continuing and thus far, the police have not yet made any further arrests in this case. The 20-year old college sophomore has been released on bond.

Whether you are found innocent or guilty of criminal charges, they can have a last effect on your personal and professional life. If found guilty, you could be facing jail time, fines, probation and community service. Even if you are found innocent, criminal charges can affect your employment, housing opportunities and personal relationships. Whether you have been charged with sex crimes, a drug possession charge, or a white collar crime, it is important to your case to obtain legal guidance as soon as possible. The sooner legal counsel is called, the better your chances of obtaining a favorable result.

At Stephen Bilkis and Associates, we will provide you with legal guidance and a free consultation. We have office locations throughout the New York area, including offices in Manhattan, the Bronx, Brooklyn, Staten Island and Queens. We also have locations in both Nassau County and Suffolk County on Long Island, as well as Westchester County.

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December 29, 2011

Indictment of Arts Patron

In Dallas a 68 year old real estate executive is under federal indictment for allegedly committing mail fraud. This patron of the arts is said to have defrauded his investors out of over six million dollars in conjunction with two separate projects. It has been alleged that the real estate executive made false claims and representations to investors to gain funds. However, it has been said that most of the funds were used for things unrelated to the projects. One project in New Mexico and another in Parkwood Crossing in Fort Worth are those that are involved in the alleged scam. It has not yet been declared what the funds were used for, whether other projects or personal use.

The real estate executive’s attorney finds the indictment surprising as it came the day after a settlement was agreed upon between the real estate executive and the investors. The attorney states to a reporter that the fact that the investors agreed to enter into a settlement and provide affidavits of non-prosecution seems to point toward a sentiment of favor toward the defendant. This type of agreement can be seen as unusual in this type of case. The lawsuit that was just settled out of court was not exclusive to the Parkwood Crossing or New Mexico projects though they were included in the overall settlement.

It can be argued by any expert, just as it was argued by the defendant’s lawyer that all of these properties lost value due to the worldwide recession, not because of mishandling of funds. A continuing economic recession could not have been predicted by the real estate executive, nor is real estate always a sound investment in an uncertain economy.

Prosecution contends that the executive made false representations to investors on behalf of two large developments. However prosecution has not yet released how the investors were defrauded or where the money was used.

This case may not soon end as it has been reported that the defendant has fled the country. This seems to have occurred shortly after the fall of his real estate business in 2009. The defendant is said to be living in Brazil. Prior to the alleged incidence the executive and his wife were major supporters of the Dallas Arts world, including the Opera and Performing Arts Center.

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December 13, 2011

Attorney and Wife Indicted

Facing foreclosure on a family home or bankruptcy due to ever rising basic costs is a scary option, but help is available. However, one must consider from where the help is coming. A friend accounts what happened when one attorney decided to help himself instead of his clients.

In Chicago one attorney with the help of his wife decided to defraud clients by promising to help with foreclosure and bankruptcy issues. Clients turned to this Chicago attorney for help in their hour of need and were taken for granted, money stolen, and homes foreclosed on even though payments had been made to the attorney. The attorney was using his client’s money to fund his own goals.

An advisor would be one option for representation and given the circumstances this may be the way that the Chicago attorney should precede. The attorney is charged with one count of mail fraud, six counts of bankruptcy fraud and one count of obstruction. His wife is charged with one count of obstruction, two counts of perjury, and one count of bankruptcy fraud. His wife is charged as an accomplice, even though she supposedly did not deal with the clients directly. However, the attorney’s wife lied by completing documents stating that one client had completed a credit counseling course that the client had not completed.

The couple told clients that funds paid would be used to make mortgage payments or to complete Chapter 13 bankruptcy plans, but the funds were instead used for the couple’s own benefit, alleges a charge. It is said that a doctor makes the worst patient and this also holds true for attorneys. This Chicago based attorney should get help from a collegue immediately.

If convicted mail fraud can carry a penalty of up to twenty years with restitution and a 250,000 dollar fine. Bankruptcy fraud also carries a fine of 250,000 dollars and a maximum penalty of five years. Perjury in New York and Westchester only has a sentence of five years maximum in prison. The wife is charged with perjury because she allegedly lied under oath when asked if she had the power to speak on behalf of a client. The couple has been indicted by the Grand Jury, but has not yet gone to trial. Trial dates have not yet been released nor have any discussions of a plea or cooperation on behalf of the couple.

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December 2, 2011

Tax Shelter Case in St. Louis

A St. Louis attorney is involved in a federal lawsuit after being investigated by Federal Agents after questions arose regarding some tax shelters managed by the lawyer. Tax shelters are a very common, legal way to prevent the government from taxing a sum of money. They are frequently associated with charitable giving and grant-making organizations. They are, unfortunately, common methods for large-scale tax evasion, a practice which the federal government has been actively attempting to curtail in recent years.

The attorney was sued by several former clients for malpractice claims a source. In the suit, which was filed last year and decided in August, they claimed that they had no knowledge of the ongoing investigation against the attorney in St. Louis, that they had been misinformed about the potential ramifications of their investments, and that they had not knowingly invested in an illegal tax shelter. The judge in the case (which is now in the appeals process) ruled that the plaintiffs were eligible to be reimbursed by the lawyer for penalties and interest, as well as damages stemming from their alleged association with a criminal tax shelter- a total amount of $165,000. This would most likely be called a white collar crime.

In spite of this past litigation, the lawyer has remained in good standing with the Missouri Bar Association, and has maintained his innocence throughout the proceedings. One prominent expert stated that while it was not unusual for a defendant facing pending litigation to refrain from admitting guilt, the Missouri Bar’s response did raise important questions.

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November 24, 2011

Medical Mafia figure held in contempt of court,

The courtroom drama continues in the ever widening Medical Mafia case in Las Vegas. The shocking FBI case made headlines and weakened an already hesitant trust in insurance companies and the medical establishment by Americans with what is now known to have been a blatant deception and fraud by some of the country’s top physicians, attorneys and insurance companies that took billions of dollars from insurance companies and patients as well as strong armed confused and worried patients into having surgeries that they did not need.

Now, a central figure in the case who was scheduled to go before a grand jury and answer some tough questions about some of the other people involved has decided that he is not talking, and as a result he is now being held in contempt of court. Though the man is already in custody, having been convicted for his role in the Medical Mafia, he will receive an additional 18 month sentence if he does not change his tune and cooperate. Medicaid Fraud is involved in this case.

Several physicians have testified that they participated in the scheme, in which attorneys and physicians blindsided confused patients with unnecessary procedures and medical services, claiming that they were working on the behalf of the patient, yet all the while bilking them and their insurance companies for services and surgeries that they did not need. As more people come forward and more information is known, the nature of the case could change substantially as more details are brought to light. There are cases like this in Manhattan and Long Island.

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November 18, 2011

Tax Fraud in Georgia is Growing

Tax fraud has been a problem almost since people have been required to pay taxes. As a New York Criminal Lawyer also claimed that, the problem has been even more prevalent in the electronic age. This is due, in large part, to the many places that we do business on the Internet that collect our vital information and store it as part of a normal business transaction. Electronic information gathering is not the only method that criminals use to collect our private information, however. Thieves have been scouring trash bins and mailboxes during tax season for many years, and the problem has only grown worse.

Many citizens in one state in particular have been learning of the problem firsthand. Citizens from the State of Georgia have been reporting increasing instances of receiving tax bills that have caught them by surprise. These are also the same citizens who have been filing their taxes regularly and have had no problems either with the Internal Revenue Service (IRS) or with their Georgia state income tax. Recently it has been learned of one such man who discovered too late that a 26-year old illegal immigrant had been arrested for using his Social Security number when he applied for work in a nearby county. It is also believed that this same illegal immigrant is why the Georgia man had recently received a tax bill from the IRS for $3,434.

Unfortunately, stories like his are not uncommon. During the 2010 tax season, the State of Georgia’s Revenue Department reportedly detected at least 52,000 fraudulent tax returns that totaled approximately $41 million in tax refunds. Those returns are only the returns that were detected; sources indicated.

While tax scammers are growing in number, there are certain measures that can be taken in order to protect your identity. The IRS and every state tax revenue department maintains a list of these steps and makes them freely available on their websites. One of the most important points to remember is never give your vital information to someone that you do not know, and take extra precautions when mailing your returns. One of the most important suggestions they offer is do not mail your return from your home mailbox, as thieves do pilfer through mailboxes during tax season in search of returns and refund checks.

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November 10, 2011

Goldman Sachs Sent Out Many Subpoenas

A New York Criminal Lawyer was informed that Goldman Sachs has sent out a bunch of subpoenas related to the mortgage security suit that they settled on last year. The man in charge is known as the Fabulous Fab and he was charged with misleading investors in a mortgage security “scheme” that later fell apart. The Fabulous Fab and several other people from Goldman Sachs were charged in the incident.
The lawyer believes that Goldman Sachs is firing back with a suit of their own. They have been handing out subpoenas to everyone who even has the slightest connection to the case, from Fox News to the world’s banks. The Fabulous Fab is trying to prove that he was not the leader of the fraud that took place at his company, even though the company settled out of court over the matter.
Even though Goldman Sachs settled for a sum of $550 million dollars, The Fabulous Fab has determined that he will prove himself not guilty by building his own defense in the matter. It isn’t clear if he is seeking to get a portion of that money back or if he is seeking a set amount for himself for being wrongly accused in the matter. The NY City Criminal Lawyer says the case will take weeks to process through court and to hear all of the testimony provided by the people subpoenaed. Lawyers in New York and even Staten Island would not comment on exactly how many subpoenas went out or exactly what kind of information they were looking for.

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November 9, 2011

Indictment of Arts Patron

Patron of the arts, real estate executive, and general partner are all terms being thrown around about a man accused of defrauding investors of more than six million dollars, declares a NY Criminal Lawyer.
In Dallas a 68 year old real estate executive is under federal indictment for allegedly committing fraud. This patron of the arts is said to have defrauded his investors out of over six million dollars in conjunction with two separate projects. It has been alleged that the real estate executive made false claims and representations to investors to gain funds. However, it has been said that most of the funds were used for things unrelated to the projects. One project in New Mexico and another in Parkwood Crossing in Fort Worth are those that are involved in the alleged scam. It has not yet been declared what the funds were used for, whether other projects or personal use.
The real estate executive’s attorney finds the indictment surprising as it came the day after a settlement was agreed upon between the real estate executive and the investors. The attorney states that the fact that the investors agreed to enter into a settlement and provide affidavits of non prosecution seems to point toward a sentiment of favor toward the defendant. This type of agreement can be seen as unusual in this type of case. The lawsuit that was just settled out of court was not exclusive to the Parkwood Crossing or New Mexico projects though they were included in the overall settlement.
It can be argued by any New York Criminal Lawyer, just as it was argued by the defendant’s lawyer that all of these properties lost value due to the worldwide recession, not because of mishandling of funds. A continuing economic recession could not have been predicted by the real estate executive, nor is real estate always a sound investment in an uncertain economy.
Prosecution contends that the executive made false representations to investors on behalf of two large developments. However prosecution has not yet released how the investors were defrauded or where the money was used. This kind of fraud is not uncommon in areas like New York and Westchester County.
This case may not soon end as it has been reported that the defendant has fled the country. This seems to have occurred shortly after the fall of his real estate business in 2009. The defendant is said to be living in Brazil. Prior to the alleged incidence the executive and his wife were major supporters of the Dallas Arts world, including the Opera and Performing Arts Center.

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October 27, 2011

A child support scam

Child support payments in Texas didn’t make it to the receiver because of a child support scam that has three suspects. The three pleaded guilty to the crime of mail fraud and aggravated identity theft last Tuesday. They worked for a company that processing child support payments for the state of Texas, reported a New York City Criminal Lawyer. The face 20 years in prison for these charges.

The 3 that plead guilty are among 13 involved in this case. The state of Texas had an 18.2 million dollar contract with Affiliated Computer Services for the child support payments. AFC issued Texas debit cards to child support recipient's. The 13 people accused in this case took advantage of this contract to pay themselves money, claims a reporter. They actually gave these debit cards to there friends and people they knew in order to pay themselves things.

ACS had been recently bought by Xerox. The new company has paid back the victims at least $275,000, according to the attorney generals office.

According to a New York Criminal Lawyer, 6 different employees accessed the computer system to get the victims addresses and other client information to give the stolen information to friends to call in and get the debit cards sent to them. This fraud and deception all happened between October 2008 and June 2010. Two of the defendants are still awaiting trial. The trial should be in March of this year. Nassau and Suffolk Counties have similar laws.


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October 23, 2011

A health care scam that involved an Oakland woman

A health care fraud conviction involving an Oakland woman was announced Wednesday by federal authorities, according to a NY Criminal Lawyer. This is a medicare scheme. She billed medicare for electric wheelchairs that are considered medically unnecessary.

A one week trial that took place in a California court led to a conviction of health care fraud for this 52 year old woman according to the Human Services department. She will soon be sentenced and could get up to ten years in prison. She will only be sentenced for 1 count as jurors through out the other two counts.

This lady took advantage of the low income elderly in order to bill Medicare for this equipment that was not wanted or needed. She approached people on the street, in nursing homes, and in their homes offering a free power wheelchair if they would hand over all the necessary identification cards including Medicare information. The trial included witnesses from that worked at the San Pablo Hotel, where this lady would sit for long periods of time just waiting for people to come through the lobby that she could approach about these power wheelchairs.

Testimony from an Oakland doctor indicated that this woman had falsified prescriptions that this doctor knew nothing about and for people he had never seen. These prescriptions involved the Los Angeles clinic.

She often sold this Medicare information to local companies that could bill for these electric wheelchairs. One company involved was Maydads Medical Supply of Arleta. This company billed almost a half million in these false claims over an18 month period of time. This type of fraud happens all over and in places like Nassau and Suffolk Counties also.

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October 22, 2011

Attorney and Wife Indicted

Facing foreclosure on a family home or bankruptcy due to ever rising basic costs is a scary option, but help is available. However, one must consider from where the help is coming. A New York Criminal Lawyer accounts what happened when one attorney decided to help himself instead of his clients.
In Chicago one attorney with the help of his wife decided to defraud clients by promising to help with foreclosure and bankruptcy issues. Clients turned to this Chicago attorney for help in their hour of need and were taken for granted, money stolen, and homes foreclosed on even though payments had been made to the attorney. The attorney was using his client’s money to fund his own goals.
A Lawyer would be one option for representation and given the circumstances this may be the way that the Chicago attorney should precede. The attorney is charged with one count of mail fraud, six counts of bankruptcy fraud and one count of obstruction. His wife is charged with one count of obstruction, two counts of perjury, and one count of bankruptcy fraud. His wife is charged as an accomplice, even though she supposedly did not deal with the clients directly. However, the attorney’s wife lied by completing documents stating that one client had completed a credit counseling course that the client had not completed. The couple told clients that funds paid would be used to make mortgage payments or to complete Chapter 13 bankruptcy plans, but the funds were instead used for the couple’s own benefit, alleges a Criminal Lawyer in New York. It is said that a doctor makes the worst patient and this also holds true for attorneys. This Chicago based attorney should get help from a local Lawyer immediately.
If convicted mail fraud can carry a penalty of up to twenty years with restitution and a 250,000 dollar fine. Bankruptcy fraud in Brooklyn and Staten Island also carries a fine of 250,000 dollars and a maximum penalty of five years. Perjury only has a sentence of five years maximum in prison. The wife is charged with perjury because she allegedly lied under oath when asked if she had the power to speak on behalf of a client. The couple has been indicted by the Grand Jury, but has not yet gone to trial. Trial dates have not yet been released nor have any discussions of a plea or cooperation on behalf of the couple.

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October 11, 2011

Claudio Osorio and His Wife File for Chapter 11 Bankruptcy

High-tech entrepreneur and Miami Beach businessman, Claudio Osorio filed for Chapter 11 bankruptcy this past Friday. Sources have also told a New York Criminal Lawyer that his wife also filed with the embattled Osorio. As part of this filing, the couple has listed assets of $35 million and debts of $13.5 million. There have been some reports; however, that the listing of assets may be questionable, as his former company, InnoVida, which he lost over allegations of misappropriating investor funds last year, is reported to be currently unable to pay debts totaling $2 million. It is alleged that Osorio transferred much of the company’s cash to offshore accounts before giving up control of the company.
Simply filing for protection from creditors in Chapter 11 bankruptcy will not necessarily absolve the Osorio’s from any allegations of possible wrongdoing, however. According to the sources who spoke with a insiders, the Osorio’s are facing numerous legal challenges from a growing list of neighbors, contractors, businesses, and banks, who are seeking to recover as much of their losses as possible. Judgments were already obtained in at least two lawsuits and are listed as debts in the Chapter 11 filing. One lawsuit was from a former neighbor from the exclusive subdivision the Osorio’s had lived. That judgment was for an undisclosed amount as it is still being contested. The monetary amount of the second judgment is listed in the bankruptcy filing. Judgment was awarded to a former contractor that had done work for the Osorio’s. The dollar amount listed in this suit is for $4 million. The Osorio’s bank accounts were garnished because of this verdict.
The NY Criminal Lawyer also learned that their credit card debt is listed at $250,000, which would indicate that the couple was living a lavish lifestyle based on falsehoods, as some of the creditors have commented.
Although many of the accusations against the entrepreneur are civil, there are ongoing criminal investigations into his business dealings as well. This could be a case of fraud. Many of the allegations surrounding his transfer of assets from his former company are included in a criminal investigation. There is also a criminal investigation into his business dealings in Switzerland, where he is reported to have a condominium, and it is believed that he may have transferred some of his assets into an account there. That investigation is being conducted by Swiss authorities as it would be in Manhattan and Queens.

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September 14, 2011

DeLay sentenced for three years for laundering money

District Judge Pat Priest of San Antonio sentenced former U.S. Majority Leader Tom DeLay to three years in jail. He was charged with conspiring to launder corporate money into 2002 political donations for several candidates running for election, a New York Criminal Lawyer was told.

He will also serve 10 years on probation for money laundering charges. Previously, DeLay had been sentenced to five years in prison for the charges, but the charges were reduced to 10 years of probation by Judge Priest.

Judge Priest said he agreed with the November 2010 guilty verdict the jury brought back after the trial. He believes DeLay conspired to break the law and that he should be held responsible for what he did. DeLay asked that Judge Priest sentence him instead of the jury who said he was guilty. He would not have received such lenient treatment in the courts of Staten Island and Westchester County.

He decided to have Judge Priest sentence him to prevent the jury from making an example of him. “Maybe we can get it before people who understand the law,” DeLay said to a NY Criminal Lawyer about the jury.

DeLay was accused of laundering $190,000 of corporate money into the Republication National Committee. The money went to the political efforts of seven Texas Republication candidates.

He faced 99 years in jail and up to $200,000 in fines before the judge sentenced him. DeLay is a first time offender giving him the ability of probation. He was taken into custody after hearing the judge’s decision. His lawyer is expected to appear the decision. DeLay will most likely post an appeals bond.

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September 11, 2011

A 25 year prison sentence for a former Toronto stock broker

George Georgiou, a former Toronto stock broker, was involved in a multi-million dollar stock scam and sentenced to 25 years in a federal prison. He was sentenced by a Philadelphia judge on Friday for this international scam which involved Canada, the U.S. and the Caribbean.

This 40 year old former stock broker has to pay 55 million dollars in restitution for this criminal act. Fraud is a common crime in places like Nassau and Suffolk Counties.

A February conviction of conspiracy, wire fraud, and securities fraud, carried a maximum sentence of 165 years, reported by a New York Criminal Lawyer. Because of this conviction the stock broker was banned from trading in Canada for a 10 year period.

During his trial we learned that he did business with Fercan Developments of Toronto. The former Molson Brewery on Highway 400 in Barrie, is now owned by Fercan. That was the location of a major marijuana bust.

Georgiou tried to live with a Philadelphia priest and pay for his own monitoring, but the court didn’t allow it, according to a New York Criminal Lawyer.

Georgiou is considered a danger to society because of all his outlaw connections.

One of the witnesses said Georgiou made threats against him. This witness was advised he should "sleep with one eye open" and even made threats about breaking his legs because this is New York and not Canada.

A NYC Criminal Lawyer said Georgiou tried to have secret meetings so he couldn’t be recorded. He even tried to meet in a hot tub.

He is accused of altering the worth and value for stock of four different companies: Neutron Enterprises Inc., Avicena Group Inc., Northern Ethanol Inc. and Hydrogen Hybrid Technologies Inc.

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September 7, 2011

Doctors in a Bronx hospital threatened with insurance dismissal

Several obstetricians at the hospital, which specializing in high-risk pregnancies have been threatened with insurance dismissal by their indemnity provider, a malpractice insurance group.
On February 10, an official letter of warning was sent to 8 of the 13 active doctors of the hospital with the claim that a third party had encouraged the insurance group to not renew coverage for the hospital. A New York Criminal Lawyer notes that according to the letter, the “method of practice” and “practice environment” common to the doctors at the hospital was deemed “predictive of future claims in excess of the norm, and makes insuring you an unreasonable burden to the other policyholders.” The letter had no indication of the details of malpractice on the part of the doctors. However, this is a serious development which has far-reaching consequences for many.
If the insurance of these doctors were suddenly discontinued, surrounding hospitals that also operate in the Bronx area would find themselves unprepared for and overloaded with a massive influx of pregnant women seeking to give birth in their facilities. As observed by a New York Criminal Lawyer, the hospital in question delivers around 2,700 babies a year on average, mostly high-risk in nature. The details of this “high risk” depiction seem to include women who are teenagers, or suffer from medical issues such as high blood pressure and diabetes. Due to these circumstances, the chief medical officer of another hospital in the area was quoted as saying, “We don’t have the capacity currently to handle these babies... I look at it now as a borough-wide problem. We’d have to come together with the other providers to figure out what to do.”
At the same time, a parallel situation is brewing. It seems that a task force working for the governor of New York has pursued a measure which would limit the amount of compensation received in cases of malpractice that centered on “non-economic damages” such as physical suffering on the part of the afflicted individual. However, a New York City Criminal Lawyer realizes that trial lawyers are strongly opposed to this measure; they claim that it would seriously limit the damages awarded to families steeped in poverty. No Fraud has been charged or intimated but in New York City and Long Island this could be a possibility if certain facts are uncovered.
The volatility of this issue is evident. It is likely that many on both side of this debate over insurance for high-risk pregnancies will be affected: mothers, doctors, and insurance providers.

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August 30, 2011

In Washington D.C.,U.S. Citizen, 4, Deported to Guatemala

A NYC Criminal Lawyer learned that a four-year old U.S. citizen was deported to Guatemala by U.S. Customs and Border Protection officials. The little girl was returning to Long Island with her grandfather from visiting relatives in Guatemala when their flight was diverted to Washington D.C.’s Dulles Airport for an unknown reason. While her grandfather did have, a valid work visa that allowed him to travel, customs officials noticed that the man had a prior illegal entry attempt that occurred in the 1990s. They immediately took him into custody.
It was at this point that it is believed that her grandfather went into a panic attack, and was taken to the hospital. All the while, the four-year old girl was detained for nearly a day at the airport without her parents having any knowledge as to either her or her grandfather’s whereabouts. They were still waiting for their flight to land at John F. Kennedy International Airport (JFK), sources reported. By the time that her father realized what was going on, he contacted a border patrol agent and was advised of his limited choices. He was told that either he could allow the four-year old child to be detained in a juvenile facility in Virginia, or she and her grandfather could return to Guatemala. He opted for the later, as he feared that authorities would put her up for adoption.
Sources revealed to New York Criminal Lawyers that Customs and Border Protection officials had little comment on this matter, only to say that the parents are afforded the options of whether to pick up the child, allow the child to be turned over to a juvenile facility, or to return to the country they had just arrived. They further added that since the four-year old girl’s parents are undocumented that if they are caught that there are consequences to their actions and they will be detained. This is not considered to be Fraud and would not be deemed as fraud in The Bronx or Queens.
Regardless of anyone’s stance on immigration, legal or not, the fact that the child was born in the United States makes her an American citizen and there are many who are asking the question of how could an American citizen have been deported.

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August 16, 2011

Suspected Fake Marriage to Obtain Visa

Three family members have been arrested and been accused with visa fraud. The family run an immigration consulting business explains a New York City Criminal Lawyer. The family is accused of filing fake marriage and visa petitions. The foreigners who hired their services pad as much as $60,000 for the services.
The NYC Family Lawyer states that these crimes are very serious. The family members involved in the illegal activities could actually end up spending up to five years in prison. The Immigration and Customs Enforcement department detected the illegal activity and decided to investigate. Lawyers in The Bronx and Brooklyn encounter fraud cases such as this many times a year.
The members of the family managed to carry out the fraud by finding US citizens from low income backgrounds. They offered them $2,000 to marry clients so that they can obtain visas. These sham marriages served no purpose other than to allow people to apply for residence permits and visas.
The fees paid to the company were $15,000 for a work visa, up to $60,000 for a visa which was based on marrying a US citizen. The fees charged were able to be very high because what they were offering was completely illegal.
This was a very serious crime because it is important that the US immigration system is not for sale. It should not be possible for foreigners to fraudulently obtain visas to work and live in the USA. Paying people to marry foreigners is obviously a major abuse of the system.
The investigation into the case started towards the end of 2009 explains the NY Criminal Lawyer. They spotted that there were some similarities between different applications which were handled by the company. This was enough to raise concerns about the company as many of the same marriage and divorce certificates were the same ones used for different applications.
The company’s website mentions that it offers immigration services in a number of different areas of the country and the world. They also provide similar services in Georgia, New Jersey and even India. This means that shutting down this small business has probably had a big impact on immigration in lots of countries around the globe.

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August 13, 2011

Family Arrested for Possible Marriage Fraud in Yorba Linda

Three members of a Yorba Linda, California family were arrested by immigration authorities on suspicion of visa fraud. They ran an immigration consulting business.
The authorities believe the family may have been filing fraudulent marriage and work visa petitions for a price – sometimes as high as $60,000, federal officials told New York Criminal Lawyers. If convicted, the suspects could spend five years in federal prison.
The three, a man, his wife, and their daughter, were all named in a criminal complaint filed in the U.S. District Court. Their immigration consulting business catered mostly to Indian nationals. The business was searched around the time of the arrest. Manhattan and Bronx Lawyers handle many fraud cases like these.
Immigration and Customs Enforcement explained to New York Criminal Lawyers the family is accused of enlisting U.S. citizens and paying them $2,000 to marry their clients. Officials say the family would pose couples for photos, then have them open joint bank accounts, so the marriage would look real. They would then file a fraudulent immigrant visa petition with U.S. Citizenship and Immigration Services.
They would charge several different fees, such as $15,000 for a work visa, and as much as $60,000 for a visa based upon marriage to a U.S. citizen, immigration officials told New York Criminal Lawyers.
“America’s immigration system is not for sale and those who think they can game the system for personal gain will find there’s a high price to pay,” said a special ICE agent. “Visa fraud is a serious crime. Not only does it undermine the integrity of our legal immigration process and penalize those who abide by the law, it also poses a significant security vulnerability.”
The family had been under investigation since September of 2009 when officers with the Fraud Detection and National Security Division of USCIS in Santa Ana, California began to notice a great deal in common between 21 visa petitions traced back to the consulting company. Sometimes, the applicants used the same marriage certificates, divorce certificates, witnesses, or even the same U.S. citizen spouses.
The consulting company claimed to offer immigration services in places other than California, such as Georgia, New Jersey, and India.

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August 9, 2011

Embezzler Goes Bankrupt in Miami

A Des Moines man, formerly the finance director of a business in his hometown, embezzled $1 million from his employer. That is not the end of the story, however. He has now filed for bankruptcy, court records show.
The embezzler worked for several companies, all owned by the same man, and in the course of his work took a great deal of money. Nonetheless, he recently filed for the liquidation of personal debts under the protection of Chapter 7 of the federal bankruptcy code. Chapter 7 allows one who owes a debt to discharge what he owes in exchange for giving up certain property to pay back the debt.
New York Criminal Lawyers have learned the Des Moines man, who called himself unemployed with no income whatsoever, had $203,650 in assets, like a $200,000 home (now foreclosed), and $705,822 in liabilities, which included $165,000 in state taxes and more than $350,000 in credit card debt or other unsecured debt. Fraud cases like this one are common in Queens and New York City.
The former finance director pleaded guilty in February 2010 to a single count of wire fraud. It was part of a plea deal – a federal grand jury had already indicted him for 33 counts of wire fraud, accusing him of sending $81,475 to Colombia and the Dominican Republic. He also admitted to embezzling money while acting as finance director with his previous employer.
He was first arrested in October 2009 in Miami. Customs officials had already stopped him in Bogota, Colombia – he had fled there after discovering law enforcement officials were looking for him.
A U.S. District Judge sentenced the Des Moines man to 15 months in prison and ordered him to pay $911,369 to his former employer. The 15-month sentence was a reduction from the standard term for such a crime, since it was the embezzler’s first criminal offense and he had already spent a good deal of time in jail.
The embezzler’s former employer has also been indicted, N York Criminal Lawyers have learned, in this case for federal wire fraud and conspiracy to commit wire fraud. They were attempting to defraud a number of insurance companies to take workers’ compensation premiums.

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August 8, 2011

Alleged $30 Million Insider Trading Charges for Two Men in Washington, DC

A senior associate at a major law firm in Washington, D.C. was arrested by the FBI on federal securities fraud charges, according to Manhattan Criminal Lawyers. It may be that it is all tied in to a $30 million plan that involved insider trading regarding pending corporate mergers.
The senior associate will be arraigned in Newark, along with a banker who has been charged with using the illegal information the associate provided. The U.S. Attorney and FBI officials will soon release statements. The attorneys for the accused have yet to make any comment on the matter.
Authorities in the U.S. Attorney’s office say the scheme had been going on for decades. It stole information not only from the firm the associate worked for, but from several other firms at which the associate had previously worked.
The accused pair invested more than $109 million dollars in their scheme, which yielded profits of more than $32.2 before they were caught. In New York City and Long Island, fraud cases are common and many wind up going to trial.
The senior associate was a graduate of NYU Law School and was hired by three major law firms, proving he had what it takes to do the job legitimately. He even attempted to avoid detection of his criminal activity by using pay phones and prepaid cellphones, which were later discarded, when discussing insider trading.
Manhattan Criminal Lawyers believe there may have been wiretap evidence anyway, because the associate and his banker accomplice were charged with 17 counts, including 11 for insider trading, four more for obstruction of justice, and two counts of conspiracy to commit insider trading and to commit money laundering.
Details are still forthcoming about the case, with a number of people who are interested in such legal matters, keeping a close eye on events as they unfold. A press conference has been announced, at which further details will be given by the proper authorities. Until then, information on the pair is sparse, at best, at least regarding the case. Personal details, especially about the accused senior associate, are constantly coming to the fore, as acquaintances chime in with something new.

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May 14, 2011

Birmingham Man Sentenced to 25 Years for Securities Laws Violations

A Birmingham, AL, man has been sentenced to 25 years in an Alabama prison for violating provisions of the Alabama Securities Act; sources inform a New York Criminal Lawyer. In addition, he was also ordered to pay restitution to his victims totaling $1.64 million.
The sentencing completes the State of Alabama’s case against the master options trader, a moniker that he gave himself. The list of charges against the man included:
• He sold unregistered securities.
• He acted as an investment advisor without being registered in the State of Alabama.
• He committed fraud in the sale of securities and provided false investment reports.
• He committed fraud as an investment advisor and provided false investment reports.
• He committed fraud in the sale of securities for claiming that he had a degree in accounting when he did not.
• He committed fraud as an investment advisor for claiming that he had a degree in accounting when he did not.
• He committed fraud in the sale of securities for operating a Ponzi scheme.
• He committed fraud as an investment advisor for operating a Ponzi scheme.
The head of Alabama’s Security Commission (ASC) stated that “For those who conduct illegal securities business in Alabama, I have this to say: It will not be tolerated and we will take appropriate action,” sources confirmed to the NY Criminal Attorney.
The investigation began as a result of many complaints against the man and his company. The Ponzi scheme had grown to about 38,000 participants before authorities were able to close it down in 2003 and froze all of its assets. As part of their investigation, investigators learned that there were about 1,767 investors in this one plan that had unknowingly invested about $4.7 million.
A part of this scheme funds from those participants who are the most recent investors to the scheme are used to pay dividends to those who have been in the plan the longest. This gives the illusion that the plan is making money. This is a similar type scheme that Madoff had run from New York before he was arrested.

The head of the ASC advises those who are looking to invest, be sure to check them out and be sure they have a securities license in hand before giving them any money. He went on to add that the state maintains free information and tips to prevent fraud.

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