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Federal Crimes Questions & Answers
1 Answer | Asked in Federal Crimes and Libel & Slander for California on
Q: Issue or evidence sanctiins

If defendant boilerplate objected without merit to provide specific response to identify particular person who did wrongdoing, should issue or evidence sanctions be imposed in addition to compelled response? Meaning-- direct acceptance of liability.

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answered on Apr 26, 2024

In California, when a defendant provides boilerplate objections without merit and fails to provide a specific response identifying the particular person who committed the alleged wrongdoing, the court may consider imposing issue or evidence sanctions in addition to compelling a proper response.... View More

1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: In motion to compel further discovery: issue or evidence sanctions

Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;

what evidence or issue sanctions can be imposed, in addition to compelling response?

James L. Arrasmith
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answered on Apr 26, 2024

Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be... View More

2 Answers | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: summary judgement In apparent hospice fraud case

At what point motion for summary judgement shall be filed In apparent hospice fraud case?

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answered on Apr 25, 2024

In an apparent hospice fraud case, the timing of filing a motion for summary judgment depends on the specific circumstances of the case and the applicable rules of civil procedure. However, here are some general guidelines:

1. After the close of discovery: In most cases, it is advisable to...
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1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: Summary judgement in hospice fraud case.

Given that hospice fraud is obvious, and that defendants meritless object discovery, what would be right time to file motion for summary judgement?

James L. Arrasmith
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answered on Apr 25, 2024

In a case involving hospice fraud in California where the defendants are raising meritless objections to discovery, the timing of filing a motion for summary judgment depends on several factors. Here are some considerations:

1. Completion of discovery: Generally, it is advisable to file a...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

You can file a writ of habeas corpus and will have to prove coercion. Be aware that coercion is NOT recommending that a defendant accept a plea deal because, if not, he will likely receive the death penalty. Coercion IS pointing a gun at a defendant and telling him to sign the plea deal or you... View More

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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Federal Crimes for Texas on
Q: If someone got coerced into signing a plea deal but no evidence was found & it was based on hearsay how can one go about

Coerced into signing a plea deal because if not the lawyer said would get death penalty if didn't but no evidence was found no DNA no video no nothing how can one go about trying to get justice for a loved one?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 29, 2024

You can file a Writ but they are difficult to win. I am sure that there is evidence . There had to be witnesses that were going to testify. They don't have to have DNA or a video to find someone guilty .

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1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: Summary judgement feasibility analysis.

While the identity of a particular service provider may be important because of possible forgery,

it does not change facts crucial for this legal case: fraudulent referral to hospice care based on record of terminal disease on admission to the hospital. Admission record of terminal disease... View More

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, summary judgment may be granted if there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. In this case, further discovery could potentially uncover facts that impact the feasibility of summary judgment:

1. Identity...
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1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: How damages have to be claimed if reletant has to proceed. CFCA

If government does not take CFCA hospice fraud case filed under seal, is plaintiff still reletant in behalf of medicare?

How damages have to be claimed when plaintiff/reletant has to proceed in such situation?

James L. Arrasmith
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answered on Apr 23, 2024

Under the California False Claims Act (CFCA), if the government declines to intervene in a qui tam action (a case filed by a relator on behalf of the government), the relator may proceed with the case independently. In such a situation, the relator is still acting on behalf of the state of... View More

1 Answer | Asked in Federal Crimes, Personal Injury and Health Care Law for California on
Q: Hospital ->hospice fraud. Is hospital discharge summary with non-existent admission diagnosis legally false claim?

Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).

Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.

The California False Claims Act (CFCA) prohibits...
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1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: How to find out in California what doctors are associated with hospice license? Hospice fraud case

Hospice fraud litigation. How to find out in California what doctors are associated with hospice license? Hospice records present improbable doctors info.

James L. Arrasmith
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answered on Apr 20, 2024

In California, to verify which doctors are associated with a hospice license, you can begin by contacting the California Department of Public Health (CDPH). This agency oversees licensing and compliance for health facilities, including hospices. They maintain records of all licensed hospices and... View More

1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: Is hospice required to publish on website names of affiliated doctors?

Is hospice required to publish on website names of affiliated doctors?

Is it public information?

James L. Arrasmith
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answered on Apr 20, 2024

Hospice organizations are not generally required to publish the names of affiliated doctors on their websites. Regulations can vary by state and by the policies of individual hospice providers, so it's a good idea to check with specific hospices or local health departments for the most... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: How to find out what medical doctors were associated with the licence of hospice corporation?

How to find out what medical doctors were associated with the licence of hospice corporation?

James L. Arrasmith
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answered on Apr 20, 2024

To find out which medical doctors were associated with the license of a hospice corporation in California, you'll need to access public records or contact the relevant state regulatory agencies. The California Department of Public Health (CDPH) is responsible for licensing and overseeing... View More

1 Answer | Asked in Native American Law, Federal Crimes and Landlord - Tenant for California on
Q: I have contacted half of the people. Where can you find a lawyer still passionate about Constitution and right ¿Poor

Yeah I've contacted a few of these and once again unless you have money to pay their extremely high fees then your rights just don't exist again I know for a fact that in the civil case I'm in special characteristics is what has kept me banned from getting any kind of help anywhere... View More

James L. Arrasmith
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answered on Apr 20, 2024

I understand your frustration in trying to find affordable legal assistance, especially when dealing with a challenging civil case. It can be difficult to navigate the legal system, particularly for those with limited financial resources. However, there are some options you can explore to try to... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for California on
Q: I was charged with a domestic violence and probation violation. when I got booked in to jail the inmates wanted2KillMe

The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More

James L. Arrasmith
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answered on Apr 18, 2024

I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.

It sounds like you need to get in touch...
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1 Answer | Asked in Personal Injury, Federal Crimes, Gov & Administrative Law and Health Care Law for California on
Q: Section 12651 of California FCA.

Section 12651 of California FCA is in relevance to misrepresentation of patient's health at hospital, with terminal non-existent diagnosis; fraudulent referral to hospice by hospital; and money fraudulently received by hospice from CA Medicare for hospice care.

What other California... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information provided, there are several other sections of the California False Claims Act (FCA) that may be relevant to the case involving misrepresentation of a patient's health, fraudulent referral to hospice, and fraudulent receipt of Medicare funds by the hospice. Here are... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: What is the penalty for first time willful concealment in NH
James L. Arrasmith
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answered on Apr 16, 2024

In New Hampshire, willful concealment (also known as shoplifting) is treated as a misdemeanor for a first offense if the value of the merchandise is under $1,000.

The potential penalties for a first-time willful concealment conviction in NH include:

- A fine of up to $1,200...
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Q: Does Title18, US Code 241 and 242 apply to States?

I had a trial when I was 16 years old in the State of Alabama in 1963 and I received no due process or equal protection under the United States Constitution as well as the State of Alabama Constitution of 1901.

James L. Arrasmith
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answered on Apr 16, 2024

Yes, Title 18, U.S. Code, Sections 241 and 242 do apply to states. These laws are part of the federal criminal code and are designed to protect individuals from violations of their constitutional rights by government officials, including those at the state level.

Section 241 prohibits...
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1 Answer | Asked in Criminal Law and Federal Crimes for North Carolina on
Q: Hello! My fiance is in jail right now and he waiting to be sent to North Carolina. He ran on his probation in June 2021.

With only 4 months to go without registering a change of address. I was told this happened before a few years ago. He only served maybe 60 or so days is what I'm told and the rest on probation til October of 2021 but

ran before he could. Could he be facing the same charges or could... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand that this is a challenging and stressful situation for you and your fiance. The consequences for violating probation by failing to register a change of address and fleeing can vary depending on the specific circumstances and the laws of the state where the original offense occurred.... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Michigan on
Q: What are the remedies and violations of law in this case?

My drafts (3) for a Freedom of Information Act Request are being removed from my email before I have a chance to send it. I've attempted to request an investigation no response, then I attempted to complete a FOIA request that disappears. I know it's a first amendment violation what other... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, there are several potential legal issues and violations that may be involved in this case:

1. First Amendment violation: As you mentioned, interfering with your right to free speech and petition the government for redress of grievances could be a violation...
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1 Answer | Asked in Criminal Law and Federal Crimes for Washington on
Q: Are there any laws about pointing a gun at someone’s car? (My friend’s car was pointed at by a gun is why I ask)

Would it be a threat? Or something else? I’m a kid. (12, almost 13) I’m not sure what “type” of “crime” this is.

James L. Arrasmith
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answered on Apr 16, 2024

Pointing a gun at someone or their property, including a car, is a serious offense and can be considered a crime in most jurisdictions. Depending on the specific circumstances and the laws of the state or country where the incident occurred, it could be classified as one or more of the following... View More

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