Drug Crimes Sentencing: Houston Criminal Attorney

Texas sentences for drug crimes depend on the type and quantity of the drugs, as well as the location of where the drugs were possessed. Sentences are increased if the government believes the drugs were being delivered or manufactured. 
Texas has broken all controlled substances into four penalty groups and sentences range from a Class B misdemeanor up to a First Degree Felony.  There is an enhancement to the next higher penalty level if the government believes the drugs were possessed within 1000 feet of a "drug free zone" which includes the areas around a school or playground.  In addition, there is an enhancement if a child is present while drugs are being manufactured.

In the federal system, sentences for drug crimes are severe and depend on type and quantity of drugs alleged.  The sentence will be determined based on any applicable statutory mandatory minimums, the United States Sentencing Guidelines, and statutory factors found under 18 U.S.C. 3553(a).  In addition, there are other factors, such as possession of a firearm, and a prior drug conviction, that can be used to enhance the sentence. 

In the 30 years since the ill-conceived War on Drugs began and the overly harsh mandatory minimum sentences imposed for low-level offenses were enacted, the prison population has exploded.
While judges have discretion to depart from guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute. 

If you have been arrested in a case involving illegal drugs, it is vital that you retain an attorney with experience in these cases. Call 713-622-8333 or visit www.kunianskylaw.com for a free consultation.

Durable Equipment: Medicare Fraud: Houston Criminal Lawyer

An estimated ten percent of Medicare billings are inflated or fraudulent, and durable medical equipment fraud (DME fraud) is a big culprit. Delivering or providing unnecessary medical equipment wastes Medicare funds and even limits the availability of medical supplies and equipment for those in need.
DME fraud includes fraudulent billing of all types of durable medical equipment such as wheelchairs, prosthetic devices, portable oxygen tanks, and orthotics, just to name a few.

There are many fraudulent schemes by durable medical equipment companies. One common form of DME fraud is providing unnecessary equipment to Medicare recipients/patients. In order to bill Medicare or Medicaid for durable medical equipment the company must certify that it was medically necessary; it is not enough that the equipment is convenient or useful, it must actually be medically necessary for the Medicare recipient to be reimbursed by Medicare. If the DME company lies or provides false information about the medical necessity, it is considered durable medical equipment fraud.

Another common form of DME fraud is billing Medicare for DME not actually provided. Some companies obtain names and addresses of Medicare recipients and bill Medicare for equipment it never sends, knowing that Medicare does not audit or verify that the DME was actually delivered. Variations of this scheme include providing the equipment to those not eligible for Medicare or Medicaid, but still billing the government.

Other durable medical equipment fraud schemes include paying kickbacks or referral fees for patients. Many DME companies pay hospitals, doctors, nursing homes and other healthcare providers a finder’s fee or referral fee if they refer Medicare patients to them; even though the Medicare or Medicaid recipient may need DME, it is unlawful to pay kickbacks or referral fees to gain new customers. Paying a referral fee or giving anything of value in exchange for a referral is considered Medicare fraud.

Medicare reimburses durable medical equipment companies based upon the item provided to Medicare recipients. Medicare has a code system with different rates for different models or types of durable medical equipment. The DME company must certify as to the code being used that reflects the actual DME provided. Billing for a higher code or grade of equipment than actually provided, a practice known as "upcoding", often goes undetected because the Medicare recipient may actually receive equipment without knowing that the DME company has billed for more expensive equipment than delivered.

If you believe you may be under federal investigation for a Medicare Fraud Case, it is critical that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney.
The Houston, Texas law office of Richard Kuniansky will work diligently to ensure your rights are protected.

Medicare Crime: Houston Criminal Lawyer

Most Medicare payment errors are simple mistakes and are not the result of physicians, providers, or suppliers trying to take advantage of the Medicare system. However, there are a few individuals who are intent on abusing or defrauding Medicare, cheating the program (and in some cases the people with Medicare who are liable for co-payments) out of millions of dollars annually.

The federal government is vigilant in trying to catch institutions trying to bill for services not rendered, creating fraudulent cost reports, making kickbacks or self-referrals, etc. They frequently assemble thorough, well-researched health care fraud cases. You need an attorney with a proven record of success defeating federal charges.

 As health care becomes an increasingly prevalent concern, more lawsuits are filed against health care providers. Meanwhile, laws pertaining to such lawsuits are constantly changing. Any health care provider accused of fraud must hire the best defense attorneys available or risk losing their business to spurious charges.
Richard Kuniansky has successfully represented clients in a number of Medicare and Medicaid fraud cases across the country. If you have been charged with fraud, you need an attorney who is proficient in federal drug law. Trust our experience: these are serious charges that require active and immediate attention. Call us at 713.622.8333 today

Federal & Texas Grand Jury System: Houston Criminal Lawyer

In certain federal crimes, a grand jury is convened to review evidence and hear witness testimony in order to determine if an individual should be indicted for a crime. In Texas, all felonies are charged by an indictment in front of a grand jury. The prosecutor presents the state's evidence to the grand jury, which then decides whether there is enough probable cause to believe that a crime took place.
This process is a mystery to most defendants, and even many attorneys are unfamiliar with how to handle the grand jury process. But even though defense attorneys are not allowed in the room while the prosecution presents their evidence, the grand jury process still presents many opportunities for the defense to influence the proceedings.

The "grand jury", which seems to have been instituted in England about the middle of the twelfth century, is intended to determine cause for criminal prosecution. Though instituted to hold the local community responsible for bringing its malefactors to justice, it has come to be regarded over the centuries as a safeguard against unwarranted prosecution and, as such, was incorporated in the Fifth Amendment to the United States Constitution. This provision has not been made applicable to the states by the doctrine of selective incorporation; however, a provision in the Texas Constitution of 1876 requires grand jury indictment for prosecution of any state felony.

In a Texas grand jury proceeding, a district judge appoints three to five citizens of the county to be jury commissioners, serving either during the current or succeeding term of court. These commissioners then select fifteen to twenty additional citizens of the county to be summoned as grand jurors for the next term of court. Commissioners must, to the fullest extent possible, select jurors who represent a broad cross-section of the population of the county and consider the factors of race, sex, and age. Potential jurors must also meet certain other qualifications, including the ability to read and write.
 Before the grand jury has been impaneled, any person may challenge the entire jury or anyone presented as a grand juror. The term of the grand jury is the same as that of the district court that organized it, with some provision for extension at the judge's discretion. Once twelve qualified jurors are present, the court impanels them as a grand jury, with one juror appointed as foreman.

The grand jury's investigation of any matter may be initiated by the court, the district attorney, its own members, or any credible person. They may summon witnesses by subpoena and examine them under oath. On completion of an investigation the grand jury determines by vote whether or not an indictment should be presented to the court; nine votes are necessary for a decision to indict, and nine members also constitute a quorum.
The grand jury may also make reports to the district court on conditions in the county or the misconduct of an individual. A grand jury indictment is called a "true bill" against a prisoner; a decision not to indict is considered a "no bill."

If you are the subject of a grand jury investigation, Richard Kuniansky knows the challenges the state must overcome to get an indictment: he will use his unique understanding of the Texas grand jury system to build the best possible defense for his clients. For more information visit Kunianskylaw.com