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Health Care Fraud Criminal Defense

Federal authorities recently announced that roughly 300 people in more than half the states have been charged in the largest crackdown to date on health care fraud.  Those arrested accounted for more than $900 million in false billings to Medicare and Medicaid.  Among those arrested were 60 licensed medical professionals, including 30 doctors.  The billings were for treatments or services deemed medically unnecessary — or for services that were never provided at all, including home care, medical equipment, and phony prescriptions. Offenses Charged in Health Care Fraud Schemes Individuals in these cases are typically charged with various health care fraud-related crimes. These include conspiracy to commit health care fraud, violations of the anti-kickback statutes, money laundering and aggravated identity theft.  The charges are based on a variety of alleged fraud schemes involving various medical treatments and services, including home health care, psychotherapy, physical and occupational therapy, durable medical equipment (DME) and prescription drugs.  In this specific case, more than 60 of the defendants arrested were charged with fraud related to the Medicare prescription drug benefit program known as Part D, the fastest-growing component of the Medicare program overall. Typical Schemes Allegedly Used Defendants in these cases are typically alleged to have participated in schemes to submit claims to Medicare and Medicaid for treatments that were medically unnecessary and often never provided.  In many cases, patient recruiters, Medicare beneficiaries and other co-conspirators are allegedly paid cash kickbacks in return for supplying beneficiary information to providers.  The providers will then, in turn, allegedly submit fraudulent bills to Medicare for services that are considered medically unnecessary or never performed. The Gov’t Has a Medicare...

Brent Mayr Obtains New Trial for Client Previously Sentenced to 15 Years for Intoxication Manslaughter

Facing a charge of Intoxication Manslaughter in Texas is tough enough.  Being convicted and sentenced to prison for it is even tougher.  That is the situation that Desiree Skaf and her family found themselves in back in March 2016.  Represented by other attorneys, Skaf was talked into pleading guilty in exchange for a 7 year prison sentence.  The 23 year-old client had never been in trouble before with the law, had an incredible support structure around her, and had proven herself to be an upstanding citizen.  Nevertheless, she was facing having to turn herself into prison officials in 30 days. She and her family came to Brent Mayr for another option, a way out, and a second chance to fight for real justice.  It was a fortunate decision.  Upon returning to court, she suddenly found herself in a situation she never expected – instead of the 7 year sentence, the Judge in her case sentenced her to 15 years in prison.  She was immediately taken into custody and transported to the Texas Department of Criminal Justice to begin serving her sentence. While Brent Mayr was tasked with handling her appeal, he took advantage of an exception in the law that allows a person to challenge their conviction before the case proceeds into the appellate arena:  a Motion for New Trial.  Motions for New Trial are requests to the Judge who convicted and sentenced the client to “change their mind,” throw out the conviction and sentence, and permit the person to start anew.  They are rarely granted.  They are also very difficult to investigate and prepare for.  Under state law,...

Brent Mayr Works to Convince DA to Drop Charges Against Hempstead ISD Superintendent

Delma Flores-Smith had her entire life put on hold. Back in 2013, she was hired as superintendent of Hempstead Independent School District, brought in to help clean up a school district that was in shambles.  She went to work, identifying multiple problems and developing effective solutions. Unfortunately, her work drew the ire of many in the community who did not appreciate her methods and preferred to “leave things the way they be.” Delma’s actions drew national attention when she took punitive action against one of her school’s principals for announcing on the school intercom that students were prohibited from speaking Spanish on school grounds (http://www.chron.com/news/houston-texas/houston/article/Hempstead-principal-fired-over-Spanish-issue-will-5351254.php). Within time, members of the Waller County community made it their mission to get rid of her. When their efforts proved futile, they went to the Waller County District Attorney and asked him to bring her up on criminal charges. His investigation turned up nothing.  Nevertheless, one persistent opponent insisted that Delma violated open records law and presented her case to a Waller County Grand Jury. The next thing you knew, Delma found herself charged with three counts of Tampering with a Government Document. It was alleged that, upon request for information, she broke the law when she provided her current resume, as opposed to the one she gave to the school district when she applied with the district, one that was supposed to have been on file. Fortunately, Delma made the decision to bring on Brent Mayr to defend her against the charges. Even more fortunate was the fact that Mayr had the receptive ear of the Waller County District Attorney and his...

Brent Mayr Convinces Grand Jury to Toss Out Vehicular Manslaughter Charges; Client Now Going After GM

It has been a long, traumatic road for Zachary Stevens and his family. With the help of Brent Mayr, however, not only is he on the road to freedom, he also stands to hold the real party responsible for his tragic story accountable. On November 15, 2011, around 4:30 in the afternoon, Zachary Stevens left his home in a neighborhood right off of FM 1485, a couple of miles east of US-59 in New Caney. Severe weather and rain showers had just moved through the area and the roadways were still very wet. Zach was traveling westbound on the two lane highway with a number of cars ahead of him following each other fairly close. All of a sudden, Zach recalled one of the vehicles applying their brakes. The rest of it was a blur to him. According to witnesses, he swerved onto the shoulder to avoid colliding with the slower vehicles, passing them on the shoulder. Once past the vehicles, Zach was able to maneuver his car back into the westbound lane of travel. The wet roads, however, proved to be too treacherous. The tires of his vehicle lost their traction and Zach’s car began to hydroplane. It would “yaw” from the westbound lane into the oncoming traffic in the eastbound lane. Traveling in the opposite direction in a Nissan Frontier pickup truck was Mariano Landaverde. He was not wearing his seat belt. He tried to take evasive action but was unable to avoid the nearly head-on collision. Although his vehicle was equipped with one, his airbag failed to deploy. Between that and his failure to wear a...

Back-to-Back DWI Blood Case Acquittals in Back-to-Back Weeks

Convincing a jury to find someone accused of DWI where there is a blood test purporting to show they were over the 0.08 legal limit is a difficult task. Doing it twice in two weeks is an even greater challenge. Brent Mayr, Board Certified Criminal Attorney, however, accomplished it, earning “Not Guilty” verdicts for two of his clients in back-to-back weeks. On August 18, 2014, Mayr proceeded to trial on a DWI case where the client was arrested and charged with DWI after being involved in an accident on a rainy, Halloween night in 2013. After the client refused a breath and blood test, law enforcement obtained a search warrant to take the client’s blood. Testing purported to show that the client had a blood alcohol concentration (BAC) of 0.127. At first glance, it appeared to be an impossible case to win. Mayr, however, discovered critical errors with both the search warrant and blood testing process, and was ultimately able to convince the judge in the case to direct the jury to find the client “Not Guilty” based on insufficient evidence after one day of testimony. The following week, Mayr, along with attorney Juan Guerra, proceeded to trial on a DWI case where the client was arrested by a Houston Police Department DWI Task Force officer. The client likewise refused a breath and blood test and had his blood drawn after the officer obtained a search warrant. The test result showed the client had a BAC of 0.107. During a skillful cross-examination of the State’s toxicologist, Mayr was able to get the witness to admit to a number of...

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Houston Office

5300 Memorial Dr., Suite 750,
Houston, TX 77007 Map it
Phone:   713-808-9613
Toll Free:  855-NT-GILTY
Fax:   713-808-9991

The Woodlands Office

1095 Evergreen Circle, Suite 200
The Woodlands, TX  77380 Map it
Toll Free:  855-NT-GILTY
Fax:   713-808-9991

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Houston Criminal Defense Attorney Brent Mayr of the Law Office of Brent Mayr, P.C. is located in Houston, Texas. Houston Criminal Defense Attorney Brent Mayr of the Law Office of Brent Mayr, P.C. represents clients throughout Texas. He can represent you if you have been arrested in Houston, Austin, San Antonio, Dallas, El Paso, Lubbock, Amarillo, Waco, Galveston, Brownsville, Corpus Christi, Midland, Odessa, Harris County, Ft. Bend County, Galveston County, Brazoria County, Liberty County, Chambers County, Montgomery County, Waller County, or any other city or county in the State of Texas.