Oklahoma City Counselor Accused of Medicaid Fraud
Amental health counselor on probation for a 2010 Oklahoma City Medicaid fraud conviction was indicted by a multicounty grand jury last week after she was accused of continuing to defraud Medicaid. Vickie Rhea Yearwood, 53, is accused of submitting false claims to the Oklahoma Health Care Authority in the last three months of 2011. Grand jurors say that Yearwood billed $34,000 for counseling sessions with fifteen children, but that the sessions never occurred. They allege that she faked progress reports for the children to support her fraudulent claims.
While the alleged fraud occurred, the counselor was already serving five years probation for a previous Medicaid fraud conviction. In 2010, she pleaded guilty to a felony charge of Medicaid fraud, and was sentenced to probation plus nearly $8,000 in restitution. According to her Oklahoma City fraud lawyer, Yearwood has already promised to pay $34,000 in restitution for the current case.
Medicare fraud and Medicaid fraud are federal white collar crimes. Such health care fraud occurs most frequently when medical caregivers file fraudulent claims for services not rendered or medical equipment not provided. Examples include:
- Billing for tests not performed
- Performing unnecessary procedures
- Charging for equipment or supplies that were never ordered
- Billing for new equipment but providing the patient with used equipment
- Billing for high-end equipment but providing the patient with a cheaper alternative
- Code jamming, or inserting false diagnosis codes
- Unbundling services, using multiple codes for services typically billed under an inclusive code
- Up-coding, or using a diagnosis code that indicates the patient experienced complications or needed more extensive medical care
- Patient billing, in which a patient provides his or her Medicare or Medicaid number in return for kickbacks
The Office of Inspector General for the U.S. Department of Health and Human Services is charged with oversight of the Department of Health and Human Services (HHS), which includes Medicare and Medicaid. When fraud is suspected, the investigation is often launched by the Office of Inspector General (OIG) in conjunction with the Federal Bureau of Investigation (FBI). Penalties for Medicare fraud and Medicare fraud can be steep and may include prison, restitution, and a ban from participating in HHS programs.
If you are being investigated for health care fraud, it is important that you contact an experienced Oklahoma City white collar crimes lawyer as soon as possible. Your attorney can help protect your rights during the investigation and can help you take a proactive approach to your defense.
Trial Ordered for Oklahoma Highway Patrol Trooper Accused of Rape
A former Oklahoma Highway Patrol trooper will go to trial after a judge ruled that there is enough evidence to try him on second degree rape charges. Patrick Venable, 28, was accused of rape after having sex on duty with a woman he had pulled over in a traffic stop. Venable has since resigned from the Highway Patrol.
The incident in question occurred last summer, when Venable made a traffic stop for suspicion of DUI. According to the probable cause affidavit, Venable pulled the alleged victim over on the Broadway Extension in Oklahoma City at approximately 4:30 a.m. on June 20, 2011. The affidavit says that the woman got into Venable's patrol vehicle, and he turned off the vehicle's camera. Allegedly, Venable told the woman she was pretty and she complimented in kind, leading to sexual contact in the vehicle.
The woman, who testified that she had been drinking at both a family gathering and at a bar in Moore prior to the traffic stop, says that she and Venable then went to her home in Guthrie.
Venable says that the sexual encounter was completely consensual. However, at issue is whether the woman was considered to be in custody at the time of the incident. The former trooper's Oklahoma City rape defense lawyer asserts that the woman was not in custody and that the encounter took place between two consenting adults. However, the judge at the preliminary hearing disagreed and said the woman was in Venable's custody, and therefore a trial on second degree rape charges was warranted. The Oklahoma sex crime attorney says that he will renew the motion to dismiss the case in district court.
Statutory rape in Oklahoma is generally charged as second degree rape. According to the Oklahoma Statutes, certain people are legally unable to consent to sex, and the act of second degree rape is defined as sexual intercourse with someone who:
- is under the age of 16
- was given an intoxicating substance by the defendant as a means to force submission
- is unconscious and the defendant knows this fact
- was tricked into believing that he or she was having sex with his or her own spouse
- is under legal custody of a state agency and has sex with a state employee or the employee of a state contractor
The fifth element of the definition of second degree rape is what makes the designation of custody so critical in this case. Though the case has been ordered to trial, it can still be dismissed if the district court judge agrees with Venable's Oklahoma City rape attorney that the woman was not, in fact, in Venable's legal custody at the time of the incident. Otherwise, that critical point may be up to a jury to decide.
False and Bogus Checks
Today in Oklahoma County Court, the defense lawyers at Phillips & Bailey were successful had a case of False and Bogus Checks dismissed.
Former Teacher Facing 11 Felony Sex Charges in Oklahoma
Yet another Oklahoma teacher has been charged with sex crimes against his students. While Oklahoma sex crime defense attorneys understand that allegations of sex offenses cross all demographics, when a teacher is accused, it is almost guaranteed to make the headlines. While teachers are no more likely than any other professional to commit a sex crime, anyone who works with minors as a profession may be at increased risk of accusation. Furthermore, because teachers are placed in a position of trust, any alleged violation of that trust is sure to garner media attention and public scrutiny.
Last Thursday, former Atoka High School biology teacher and assistant football coach Casey Hauff, 32, was charged in Atoka County District Court with eleven felony counts related to alleged sex crimes against five female students. Hauff, who resigned during the investigation, was charged with two counts of second degree rape, four counts of solicitation of a minor, two counts of sexual battery, forcible sodomy, showing obscene materials to a minor, and lewd or indecent proposals to a minor under 16.
According to a probable cause affidavit, Hauff asked the girls to text him nude or semi-nude pictures of themselves in exchange for better grades, and allegedly sent nude photos of himself in return. He allegedly began using the cell phone of a student intern to collect images of the girls after his wife began checking his cell phone.
Allegedly, the sex offenses took place in Hauff's classroom, and one alleged victim says that the teacher had her hide in a closet when someone came to the classroom.
Oklahoma sex crime lawyers stress that, although the age of consent in Oklahoma is 16, state law prohibits sex between a student and a teacher, administrator, or employee of the same district. Hauff allegedly told one of the girls that "he usually waited until the girls graduated," but that he would "make an exception" for her. If he had waited until the girls graduated, his actions would not have been felonious, and he would not be facing decades behind bars and lifetime sex offender registration.
If you or someone you love has been charged with a sex offense, it is critical to obtain representation as soon as possible. During an investigation into sex crimes and following any accusation or criminal charges, the rights of the accused are frequently trampled. A skillful attorney can help protect your rights while building a solid defense. To find a sex crime defense lawyer in Oklahoma City, call the law offices of Phillips & Bailey.
Oklahoma Registered Sex Offenders Challenge Stereotype
For most people, the term "registered sex offender" conjures images of violent rapists, sexual predators, and pedophiles. While certainly there are aggravated sex offenders who fit these descriptions, Oklahoma sex crime defense attorneys know that there are countless others who are forced to register for much less nefarious acts. In fact, some Oklahoma registered sex offenders are on the list for youthful mistakes and others are on the list who have never even had physical sexual contact with a child. Until recently, it was even possible for a person to be required to register as a sex offender after public urination if he or she was convicted of indecent exposure rather than public indecency. Regardless of being charged and convicted for a much lesser offense than aggravated rape or child molestation, mandatory sex offender registration saddles these people with many of the same restrictions and stigma as those convicted of violent sex crimes.
Media reports and online sex offender support networks tell the stories of people who seem to have been unfairly trapped by Oklahoma sex offender registration requirements:
- CNN tells of Ricky Blackman, a young man convicted of a sex offense when he was only 16. Blackman admitted to having sex with a girl he thought was 15, only to find out she was actually 13. He was convicted in Iowa, and his record was eventually expunged. Seeking to make a fresh start, Blackman and his family moved to Oklahoma, where he was forced to register as a sex offender despite the offense being expunged in his home state.
- The Tulsa World writer Leigh Woosley writes of Kim, a 37 year old former prostitute who was required to register as a sex offender after she was convicted of indecent exposure in Oklahoma. Her crime? Flashing her bare breasts to an undercover police officer. She failed to register as a sex offender upon her release from jail and spent an additional two years behind bars for failure to register. Though Kim admits that her jail sentence was probably deserved, particularly in light of a significant criminal history, she says that being lumped in with pedophiles and rapists seems unfair.
- A man posting on the Sex Offender Solutions and Education Network (SOSEN) website feels that his 18-year-old grandson, Coty Marrs, was unfairly prosecuted. According to the elder Marrs, Coty got drunk at a party and went in a bedroom to sleep it off. A 14-year-old girl came in and allegedly initiated a consensual sexual encounter. According to his grandfather, what Coty did was "dumb" and "irresponsible," but the justice system failed him. Sam Marrs says that Coty was denied his right to an Oklahoma sex crime defense lawyer during police investigation, and that when his case went to trial, he had ineffective counsel. According to Mr. Marrs, Coty must register as a Tier 3 Violent Sex Offender, even though the girl admitted the act was consensual and neither she nor her mother wanted to press charges.
The restrictions placed on registered sex offenders in Oklahoma are often more difficult for the offenders than their prison or jail sentences. These people must continue to pay for their crimes through housing restrictions, employment restrictions, and the social stigma that comes with being branded as a sex offender. It is critical that anyone charged with a sex offense--even something as minor as indecent exposure--get swift legal representation from an experienced defense attorney to protect against false accusations, inflated charges, maximum sentencing, and the violation of one's civil and constitutional rights.
Conspiracy to Commit Burglary
A charge in Oklahoma against our client for Conspiracy to Commit 1st Degree Burglary was dismissed today in Johnston County Court.
Civil Litigation in Oklahoma City Assault Cases
Injury litigation handled by Oklahoma City personal injury lawyers most frequently involves cases of negligence: automobile accidents, defective products, premises liability accidents, medical malpractice, and others. However, it is not uncommon for a crime victim to seek financial compensation from the defendant who caused his or her injuries through a civil lawsuit. A criminal conviction may give the injured victim a sense of justice; however, it does little to compensate for the physical and financial toll of injuries sustained in a criminal act or act of violence. A personal injury claim related to a criminal case will often involve an automobile accident or wrongful death lawsuit following a DUI accident. Another common civil suit related to a criminal offense is seeking financial damages following an assault.
Assault and battery can lead to years of suffering by the injured victim, but the criminal case is often prosecuted as a misdemeanor, resulting in minimal jail sentencing. Even if the offender is charged with felony assault, the conviction does not alleviate the financial burden of the crime victim. In these cases, crime victims may wish to hire an Oklahoma City assault and battery injury lawyer to seek financial compensation from their attackers. Through a successful civil suit, a crime victim may receive compensation for medical expenses, lost wages, pain and suffering, reduced quality of life, funeral and burial expenses, and more.
Because the burden of proof is lighter in a civil case than a criminal case, a plaintiff may be able to receive a damage award even if the defendant is not convicted of the crime. In a criminal case, the defendant must be proven guilty beyond the shadow of a doubt. In a civil case, it must only be demonstrated that there is a "preponderance of evidence," that it is more likely than not that the defendant's actions caused the victim's injury. One notorious example of this legal difference in action is the O.J. Simpson case. In 1995, Simpson was acquitted of the murders of Nicole Brown Simpson and Ronald Goldman. Goldman's family then brought a wrongful death lawsuit against Simpson, and Brown's family brought a survivor's suit. The children of Brown and Simpson were awarded $12.5 million as part of their mother's estate, and the victims' families were awarded $33.5 million.
Civil litigation following a criminal assault is not isolated to Hollywood. In Oklahoma City, injured police officer Chad Peery has filed a lawsuit against the three men who attacked him outside a local bar, resulting in his paralysis, and against the establishment that continued to serve alcohol to the intoxicated men and who lacked sufficient security on the premises.
Crime victims have a number of options for personal injury litigation following a violent crime. From a premises liability lawsuit against an establishment with inadequate lighting or security to a personal injury or wrongful death lawsuit against an assailant in an assault and battery case, civil litigation can be a much needed means of financial recourse. For more information, contact the Oklahoma City assault injury lawyers at Phillips and Bailey.
Oklahoma Teacher Arrested after Meeting Student at Hotel
In an offense that Oklahoma rape lawyers are seeing with increasing frequence, another female Oklahoma teacher has been arrested after an alleged sexual relationship with one of her students.
Early Saturday morning, Erin Kathleen Queen, 27, was arrested at the Candlewood Suites in Tulsa, where she was discovered with a 17-year-old student. Queen, an English teacher and ninth grade girls' basketball coach at Charles Page High School in Sand Springs, was arrested on a first degree rape complaint after allegedly arranging a hotel tryst with her student.
According to media reports, the student was supposed to be staying at a friend's house on Friday night. His parents went to the friend's home to make sure their son was there, but he was not. When they still had not found him by 4:30 Saturday morning, they called police. Allegedly, the parents discovered their son with Queen at the Tulsa hotel and notified police. Police say Queen admitted to sexual intercourse with the student, and she was arrested on a first degree rape complaint at 5:30 a.m. She was booked into Tulsa County Jail and released on $50,000 bond.
According to the police, sex between the teacher and student was consensual; however, Oklahoma law prohibits a sexual relationship between a student and a teacher or employee of the same district. Oklahoma's age of consent is 16; however, Oklahoma law stipulates certain exceptions to the age of consent. Oklahoma sex crimes lawyers point to the statutes outlining those who are not legally able to give consent. Title 21 of the Oklahoma Statutes states that rape charges are applicable if ". . . the victim is at least sixteen (16) years of age and is less than eighteen (18) years of age and is a student, or under the legal custody or supervision of any public or private elementary or secondary school, junior high or high school, or public vocational school, and engages in sexual intercourse with a person who is eighteen (18) years of age or older and is an employee of the same school system." This statutory provision for a rape charge, regardless of consent, includes sex between a person in custody or under supervision of a state, federal, county, or municipal agency and any employer or contractor of that agency.
It is important to remember that there are several stipulations that eliminate a person's legal capability of consent to sexual activity, including age, mental defect, use of intoxicants, legal custody, or legal supervision. If you ignore these statutory considerations in the face of verbal consent, you may find yourself in need of a rape lawyer or statutory rape lawyer in Oklahoma.
Pharmacy in Ersland Case Investigated for Drug Sales in OKC
Most Oklahomans first heard of the small Reliable Discount Pharmacy after a pharmacist, Jerome Ersland, shot and killed a would-be robber there. The case was fraught with complications as Ersland maintained he acted in self defense and prosecutors alleged that Ersland killed 16-year-old Antwun "Speedy" Parker after he was no longer a threat. Ersland was sentenced to life in prison.
Now Reliable Discount Pharmacy is in the news again as the District Attorney's office and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control have begun to investigate the high number of narcotic drug sales at the small pharmacy.
The case began on February 1, when Cardinal Health, Inc., the distributor for Reliable Discount Pharmacy, suspended shipments of controlled dangerous substances to the pharmacy. Cardinal Health, Inc. stopped the shipments after it determined that narcotics sent to Reliable Discount Pharmacy had an "unreasonable risk for potential diversion."
Reliable Discount Pharmacy then sued Cardinal Health, Inc., to resume shipments, and an Oklahoma County judge agreed that shipments should continue for 45 days while she considers the case. However, prosecutors have asked the judge to allow the discontinuance of narcotics shipments to the pharmacy, stating that the small pharmacy has sold more of the three most abused prescription drugs over the last two years than three nearby pharmacies combined--including national chains Walmart and Walgreens.
Attorneys for the pharmacy say that Reliable Discount Pharmacy is in compliance with state and federal drug laws and that it has updated drug handling policies to address the concerns of their distributor. They say that the reason the pharmacy outsells nearby competitors in controlled dangerous substances is that they cater to a low-income population without the insurance to offset the cost of prescriptions and without the financial means to pay the prices demanded at chain pharmacies.
Prosecutors and Oklahoma City drug defense lawyers alike see prescription drug abuse as a problem for our state. Recent statistics have shown Oklahoma to be the top-ranked state for prescription drug abuse. Other facts about Oklahoma's growing drug problem are just as startling:
- There is an average of two drug overdose deaths per day in Oklahoma
- More Oklahomans die of drug overdose than in motor vehicle accidents
- 4 out of 5 drug overdose deaths are the result of prescription drugs
While most people think of Oklahoma drug abuse in terms of illegal drugs such as meth, Oklahoma City drug crimes attorneys are seeing more and more clients arrested for prescription drug fraud and illegal possession of prescription drugs. Prescription drug abusers do not generally fit the stereotype of a drug addict. Rather, they are often typical, middle class people who become addicted to prescription drugs following an injury or teens with easy access to narcotics in their parents' medicine chests. OU Linebacker Austin Box, who died of a prescription drug overdose in 2011, has become the face of those who seem to have it all but lose everything as a result of addiction to prescription drugs.
Prescription painkillers are highly addictive. Often, people taking a legitimately prescribed narcotic become dependent on the drug and may take illegal action to assuage their dependency. If you are charged with prescription drug fraud, possession of a controlled dangerous substance, or other drug offense, get help by finding a drug defense lawyer in Oklahoma City.
Federal Drug Bust in Oklahoma City
In an Oklahoma City drug bust last month, federal drug agents seized more than six pounds of methamphetamine, leading to the indictment of one man by a federal grand jury. Jesus Joel Garcia-Lopez, 28, an illegal immigrant, was indicted on charges of charges of conspiracy to possess a controlled substance with intent to distribute, and unlawfully possessing a firearm. Another defendant in the case, Jose Israel Garcia, is a fugitive from justice, charged with conspiracy.
The Oklahoma City drug charges came after federal agents with the DEA (Drug Enforcement Agency) found the meth in an air conditioning vent inside a home on SW 24th after a cooperating defendant told authorities that he had sold the drugs to Garcia-Lopez. The defendant said he delivered 10 packages of methamphetamine in return for $52,000 in cash. The cash was also seized, according to a search warrant. Agents also seized a stolen handgun and a motor vehicle believed to have been purchased with drug proceeds. The 2005 Jeep Grand Cherokee was subject to seizure under the Uniform Control Dangerous Substances Act.
DEA agents became aware of the drug trafficking operation after a drug arrest in Tennessee. One of the men arrested in that incident is alleged to have worked with Garcia-Lopez to transport meth from Phoenix, Arizona, into Oklahoma City and Tennessee.
Federal trafficking charges are subject to minimum sentencing and are based upon the quantity of the drug in possession. Trafficking in methamphetamine is punishable by a minimum of ten years to life in prison and millions of dollars in fines on the first offense. Possession of 5-49 grams of pure meth or 50-499 grams of a meth mixture is enough for trafficking charges. The quantity of meth seized by the DEA Oklahoma City Task Force from the air vent in the Garcia-Lopez case was 2,796.8 grams.
Facing federal drug charges is a serious undertaking. Even though Oklahoma is known as having some of the toughest drug laws in the nation, federal penalties are even more severe, and a federal case is prosecuted by specialized governmental agencies such as the DEA. If you are facing federal drug charges in Oklahoma County, turn to an Oklahoma City drug crimes lawyer who is also an experienced federal criminal defense lawyer. An attorney with demonstrated success in the United States District Courts will be able to offer skillful defense against federal drug charges and is not intimidated by challenging a U.S. District Attorney.
For more information about drug crime defense in Oklahoma City, call Phillips & Bailey at 405-607-1177.