Beruflich Dokumente
Kultur Dokumente
May 7, 2009
OCDA CHARGES SEVEN IN SECOND SWEEP OF CHIROPRACTORS, ATTORNEYS, AND LAW OFFICE
EMPLOYEES FOR INSURANCE OVERBILLING SCHEMES AND ILLEGAL PRACTICE OF LAW *A new
defendant has also been charged for conspiracy and illegal practice of law in
the original Operation K-Fraud
SANTA ANA - Seven new defendants, including chiropractors, attorneys, and law
office employees have been charged in an undercover sting operation targeting
insurance overbilling schemes, the illegal practice of law, and the misuse of
attorney-client trust accounts. The Orange County District Attorney's (OCDA)
Gatekeepers Insurance Fraud Team (GIFT) coordinated and conducted undercover
operations to identify provider professionals suspected of defrauding insurance
companies.
Based on information provided by the National Insurance Crime Bureau, the OCDA
conducted walk-in investigations of chiropractic clinics and law offices where
undercover investigators posed as "patients" claiming to be suffering from soft
tissue damage from car accidents. As a result, the OCDA has charged seven
defendants in three criminal cases including three chiropractors, two attorneys,
and two law office administrative staff members with various charges including
insurance fraud, the unauthorized practice of law, and the unlawful receipt of
funds.
This is the second Orange County sweep of its kind in 2009. On Feb. 4, 2009, the
OCDA announced the arrest of and charges against 12 defendants, including
chiropractors, an attorney, and office employees in Operation K-Fraud (Knockout
Fraudulent Attorneys and Unscrupulous Doctors), an undercover sting operation
targeting illegal patient referral and insurance overbilling schemes. A new 13th
defendant was also arrested and charged today for her participation in this
case. The statuses of those cases are below.
For their cooperation and assistance, the OCDA would like to thank the National
Insurance Crime Bureau, California State Bureau of Automotive Repair, Cypress
Police Department, Garden Grove Police Department, Tustin Police Department,
Automobile Club of Southern California, Infinity Insurance, Mercury Insurance,
Progressive Insurance, and Workmen's Auto Insurance Company.
Case # 09CF1125
Age: 44
Residence: Huntington Beach
Business Name: Health First Chiropractic
Business Address: 10840 Warner Ave., Fountain Valley Felony Charges: two counts
of insurance fraud
Maximum Exposure: 6 years prison
Bail: $50,000
Arrest Date: Today, May 7, 2009
Arraignment Date: May 8, 2009
Department: To be assigned (TBA), Central Justice Center, Santa Ana
Case # 09CF1125
Age: 37
Residence: Westminster
Business Name: Michael Dao Medical Center
Business Address: 14362 Brookhurst St., Garden Grove Felony Charges: two counts
of insurance fraud
Maximum Exposure: 6 years in prison
Bail: $50,000
Arrest Date: Today, May 7, 2009
Arraignment Date: May 8, 2009
Department: TBA, Central Justice Center, Santa Ana
Case # 09CM04446
Age: 32
Residence: Westminster
Business Name: Law Offices of Tung The Pham
Business Address: 15355 Brookhurst St., Ste. 210, Westminster Misdemeanor
Charges: two counts of the unlawful receipt of funds
Maximum Exposure: 1 year in jail
Bail: $10,000
Arrest Date: Today, May 7, 2009
Arraignment Date: May 8, 2009
Department: TBA, Central Justice Center, Santa Ana
Case # 09CM04446
Age: 53
Residence: Santa Ana
Business Name: Law Offices of Tung The Pham
Business Address: 15355 Brookhurst St., Ste. 210, Westminster Misdemeanor
Charges: two counts of the unauthorized practice of law
Maximum Exposure: 1 year in jail
Bail: $10,000
Arrest Date: Today, May 7, 2009
Arraignment Date: May 8, 2009
Department: TBA, Central Justice Center, Santa Ana
Hua is accused of illegally negotiating the accident claims with the insurance
company and receiving $5,800 for Investigator #1 and $5,600 for Investigator #2.
From that settlement, she is accused of paying $2,900 and $2,800 to the
undercover investigators.
After the insurance companies paid out money in the cases involving the first
two OCDA undercover investigators, Hua is accused of requesting referrals of
people involved in car accidents from Investigator #1.
Between September and November 2008, Han is accused of "treating" the two OCDA
undercover investigators 13 and 11 times, respectively. On Nov. 28, 2008, he is
accused of overbilling the insurance company by claiming 20 visits for each
"patient."
Hua is accused of coaching the two undercover investigators on what to say when
interviewed by the insurance company about the "accident." She is accused of
negotiating a $5,000 settlement for each undercover investigator and paying from
that settlement $2,695 to Investigator #3 and $2,775 to Investigator #4.
Case # 09CF1124
Age: 39 Residence: Mission Viejo
Business Name: C&N Chiropractic Clinic
Business Address: 1155 Central Ave., Ste. 110, Santa Ana Felony Charges: two
counts of insurance fraud, one count of grand theft, and two counts of unlawful
receipt of consideration by claims handler for referral
Maximum Exposure: 8 years in prison
Bail: $50,000
Arrest Date: Today, May 7, 2009
Arraignment Date: May 8, 2009
Department: TBA, Central Justice Center, Santa Ana
Case # 09CF1124
Age: 40
Residence: Santa Ana
Business Name: Law Offices of Rose Tsai Business Address: 18662 MacArthur
Blvd., Second Floor, Irvine
Felony Charges: one count of insurance fraud Misdemeanor Charges: one count of
the unlawful receipt of funds
Maximum Exposure: 5 years in prison
Bail: posted $50,000
Arrest Date: Today, May 7, 2009
Arraignment Date: May 21, 2009
Department: C-55, Central Justice Center, Santa Ana
Case # 09CF1124
Age: 33
Residence: Tustin
Business Name: Law Offices of Rose Tsai
Business Address: 18662 MacArthur Blvd., Second Floor, Irvine Felony Charges:
one count of insurance fraud Misdemeanor Charges: one count of the unauthorized
practice of law
Maximum Exposure: 5 years in prison
Bail: $50,000
Arrest Date: Today, May 7, 2009
Arraignment Date: May 8, 2009
Department: TBA, Central Justice Center, Santa Ana
In August 2006, Investigator #2, who was posing as an injured driver from a car
accident, went to Cabrera's office with Investigator #1. Cabrera is accused of
"treating" Investigator #2 nine times. He is accused of overbilling the
insurance company $470 for additional services not rendered during the nine
"treatments." After receiving $1,420 from the insurance company, Cabrera is
accused of illegally kicking back $473 to Investigator #1 as his 30 percent
referral fee.
In September 2007, two OCDA undercover investigators called the Law Offices of
Rose Tsai and spoke with Real. Real is accused of practicing law without a
license and signing up Investigator #3 and Investigator #4 as clients. Real is
accused of referring the undercover investigators to Cabrera for "treatments."
Investigator #3 did not visit Cabrera at Real's referral and instead brought in
a fake "bill" from another "chiropractor" for treatment of his "injuries."
Cabrera is accused of "treating" Investigator #4 nine times and overbilling the
insurance company $590 for services not rendered during the "treatments."
Real is accused of illegally double billing for the same "accident" by filing
claims with the "not at fault" insurance company, Progressive Insurance. She is
accused of receiving $2,640 for Investigator #3 and $1,270 for Investigator #4.
Case # 09CF0231
Age: 37
Residence: Costa Mesa
Business Name: L&M Legal Services/
Law Offices of Walter Martinez
Business Address: 14482 Beach Boulevard, Westminster Felony Charges: one count
of conspiracy to commit a crime Misdemeanor Charges: one count of the
unauthorized practice of law
Maximum Exposure: 4 years 8 months
Bail: $10,000
Arrest Date: Today, May 7, 2009
Arraignment Date: May 8, 2009
Department: TBA, Central Justice Center, Santa Ana
Between March 28, 2007, and July 3, 2007, chiropractic administrator Ky Hoang
Tran is accused of "treating" the two OCDA undercover investigators for nine and
11 visits, respectively, at Callaway's chiropractic office. She is accused of
getting the two OCDA undercover investigators to sign for additional dates where
they did not receive "treatment" to falsify the number of visits for billing
purposes.
On Nov. 13, 2007, Callaway and Ky Tran are accused of overbilling by claiming 25
and 29 visits, amounting to $4,168 and $3,748, knowing most of the billings were
fraudulent. On Sept. 7, 2007, a letter from the Law Office of Walter Martinez
was sent to Infinity Insurance Companies demanding $18,000 and $17,000 for the
two OCDA undercover investigators.
Sometime after Jan. 29, 2008, Nguyen and Lisa Tran are accused of splitting two
checks for $6,500 and $6,000 with Ky Tran and Callaway, and kicking back $3,250
and $3,000 to the OCDA undercover investigators posing as patients.
Nguyen was arrested today on a warrant for this case. Her three co-defendants
were arrested in the initial Feb. 4, 2009, sweep. All four are under Case
#09CF0231.
Defendant Callaway, 42, Huntington Beach, is charged with one felony count of
conspiracy to commit a crime, one felony count of insurance fraud, and one
felony count of grand theft. Lisa Tran, 48, Midway City, is charged with one
felony count of conspiracy to commit a crime and one misdemeanor count of the
unauthorized practice of law. Ky Tran, 67, Fullerton, is charged with one felony
count of conspiracy to commit a crime and one felony count of grand theft. All
three are out of custody on $50,000 bail each and are scheduled for a pre-trial
hearing on May 28, 2009.
Chiropractor Tam Van Nguyen, 35, Westminster, is charged with one felony count
of insurance fraud, one felony count of grand theft, and one felony count of
unlawfully receiving consideration by a claims handler for referral and is out
of custody on $50,000 bail. He is scheduled for a pre-trial hearing on June 5,
2009. (Case #09CF0235)
Chiropractor Florin Catinas, 35, Anaheim, is charged with two felony counts of
insurance fraud, two felony counts of grand theft, and two felony counts of
unlawfully receiving consideration by a claims handler for referral and is out
of custody on $50,000 bail. He is scheduled for preliminary hearing on May 11,
2009. (Case #09CF0236)
Attorney David Gonzalez, 46, Placentia, is charged with two felony counts of
insurance fraud, two felony counts of grand theft, and one felony count of
unlawfully receiving consideration by a claims handler for referral and is out
of custody on $50,000 bail. He is scheduled for preliminary hearing on May 11,
2009. (Case #09CF0236)
Chiropractor Michael Benjamin Saloman, 42, Paramount, is charged with two felony
counts of unlawfully receiving consideration by a claims handler for referral
and is out of custody on $10,000 bail. He is scheduled for arraignment on May
11, 2009. (Case #09CF0149)
Chiropractor Layn Ford Miller, 45, Westminster, is charged with two felony
counts of unlawfully receiving consideration by a claims handler for referral
and is out of custody on $10,000 bail. He is scheduled for a pre-trial hearing
on May 15, 2009. (Case #09CF0136)
Chiropractor Dung Tuan Le, 57, Westminster, is charged with one felony count of
unlawfully receiving consideration by a claims handler for referral and is out
of custody on $50,000 bail. He is scheduled for preliminary hearing on June 1,
2009. (Case #09CF0234)
Office administrator Rosalyn Mai, 50, Westminster, is charged with one felony
count of unlawfully receiving consideration by a claims handler for referral and
is out of custody on $50,000 bail. She is scheduled for preliminary hearing on
June 1, 2009. (Case #09CF0234)
Chiropractor Quan Hoang Tran, 35, Huntington Beach, is charged with one felony
count of unlawfully receiving consideration by a claims handler for referral and
is out of custody on $50,000 bail. He is scheduled for a pre-trial hearing on
May 18, 2009. (Case #09CF0233)
###