New York Criminal Lawyer Blog

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.

A man held for 14 days in 2003 for alleged ties to a terror suspect has filed a lawsuit against a former Attorney General. The man claims that he was stopped at Dulles International airport in Virginia and taken to various places throughout Virginia, Oklahoma and Idaho for questioning. During these sessions, the man was grilled on various subjects including his religious beliefs, ties to terrorism groups inside and outside the United States and his relationship with the terror suspect police officials had in custody, reports a New York Criminal Lawyer. The man was eventually released and never had to appear as a material witness. The other man's trial resulted in an acquittal in 2004.

The man, a U.S. citizen, converted to Islam while attending the University of Idaho. It was there that he struck up a friendship with the other man accused of terrorism. On that day in 2003, the man was on his way to Saudi Arabia to learn more about his religion, study the language and learn more about the culture when he was detained at the airport. The man currently lives in Saudi Arabia and is being represented by the American Civil Liberties Union (ACLU).

This case will probably end up being heard in front of the Supreme Court. While most agree the court will side with the Attorney General, some believe the decision to do so will be a tough one. The man's case rests on the fact that he was wrongfully detained as there was no evidence he was a part of any criminal activity or that he knew of any terror plots against the U.S., explains a New York Criminal Lawyer. The man also claims that law enforcement coerced him into answering questions because they told him he was to be a material witness during the other man's trial.

Newly appointed Supreme Court Justice Elena Kagan has recused herself from this case since she used to be President Obama's solicitor general. The remaining justices will hear the case and make their judgment based on the evidence presented. This is relatively new legal territory as the Supreme Court has heard few of these types of cases since 9/11. They must take into consideration the political climate at the time and the rights of the man suing former Attorney General Ashcroft. This decision may affect future court cases heard in the Supreme Court and in other courts throughout the United States.

If you have questions about pending legal proceedings, or have been charged with a drug possession, a theft crime, or white collar crime, contact legal counsel right away to ensure that your rights are protected.

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.

Continue reading "College Student Arrested for 22 Fake ID’s" »

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.

Continue reading "Attorney and Wife Indicted" »

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.

Continue reading "Tax Fraud in Georgia is Growing" »

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.

Continue reading "Indictment of Arts Patron" »