Prescription Drug Fraud

prescription-drug-fraudPrescription Drug Fraud is a severe drug crime. Misinformation about your health state and/or your personality in order to get controlled substances from a pharmacist or doctor shopping are examples of law violation. In other words, drug fraud is a type of crime where legal or illegal drugs, are cut and altered in order to decline their value below which they are sold for. It became a national problem that increases each year and affects everybody in the health care system: doctors, nurses, pharmacists, patients, health insurance companies, etc. The term of Prescription Drug Fraud doesn’t include theft, burglary, back door pharmacies and illegal drug importation and distribution. Continue reading

Legal Cartoon

Compliments of Mark Anderson of Andertoons

Defining Illegal Behavior: Felonies Vs. Misdemeanors Vs. Infractions

The common criminal law abolished by most states is defining illegal behavior depending on the severity of the crime. A criminal offense may be a felony, misdemeanor or an infraction.  Let’s try to explain each type of the offense and make difference between them.

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Felonies are considered to be the most serious class of offense throughout the United States because they typically violate the moral standards of the community. Felonies are usually punishable by fines, imprisonment in a state prison lasting more that one year or both. Felonies include:

  • terrorism
  • murder
  • arson
  • kidnapping
  • rape
  • treason and others.

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How to Place a Bid on Legal Bistro

Bid-for-Placement: what does it mean? Why do we need it?

A bid is a sum of money that a lawyer offers for the opportunity of talking to a client, to receive his contact information and discuss his case (the minimum amount you can bid on is 6 law dollars).

It’s important to remember that a lawyer’s bid on a case determines where in the list of competing, “bidding” lawyers their profile will be displayed to the clients, who posted the case. The profile with the highest bid will be displayed first and the lowest, respectively, the last.

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Michigan Oncologist Dr. Farid Fata – Medicare Fraud, Villian or Cancer Patient Savior?

 On August 6, 2013, a Criminal Complaint was filed against Michigan Oncologist Dr. Farid Fata in Federal Court in the county of Oakland in the Eastern District of Michigan.  The Defendant was charged by the U.S. Government with Healthcare Fraud in violation of 18 U.S.C. 1347.

In an affidavit in support of the Complaint, Special Agent Brian Fairweather who was employed by the Federal Bureau of Investigation (“FBI”) alleges the following violations:

  • Healthcare Fraud – 18 U.S.C. 1347
  • Distribution of Controlled Substances – 21 U.S.C. 841(a)(1)
  • Money Laundering – 18 U.S.C. 1956 and 18 U.S.C. 1957
  • Payment or receipt of Healthcare Kickbacks – 42 U.S.C. 1320a-7(b)(1)(A) and 42 U.S.C. 1320a-7(b)(2)(A)

More specifically, the Complaint alleges the following:

  • Administration of unnecessary chemotherapy to patients in remission
  • Deliberate misdiagnosis of patients having cancer to justify unnecessary cancer treatment
  • Administration of chemotherapy to end-of-life patients who will not benefit from the treatment
  • Deliberate misdiagnosis of patients with cancer to justify expensive testing
  • Fabrication of other diagnoses such as anemia and fatigue to justify unnecessary hematology treatments
  • Distribution of controlled substances to patients without medical necessity

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Legal Bistro Elevator Pitch for Lawyers

What is an Elevator Pitch?

An “Elevator Pitch”, also known as an elevator speech or statement, is a short summary used to quickly define a person, product, profession or organization and its Value Proposition.  The name “elevator pitch” conveys that the person who is delivering the message has about the same time that it takes the typical elevator to go from the ground floor the top floor to convince their audience about their proposal.  A well designed elevator pitch should be between 30 and 60 seconds.

How to Write a Good Elevator Pitch

The “Elevator Pitch” on Legal Bistro is five lines (500 words maximum) of text that are displayed to potential clients in what we call the “Short Profile Preview”.  This is the very first thing that a potential client will see about you and your law firm so you should give a lot of thought to what you would like to say.

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Why Consumers Love Legal Bistro

 Do you need a lawyer but are intimidated by the legal process?  Are you concerned that professional legal services may be financially out of reach?  Perhaps English is not your native language and you are having trouble finding a qualified attorney with whom you can effectively communicate.  Don’t worry, if you answered yes to any of these questions you are not alone.

We built Legal Bistro because we were inspired by the contribution that Lending Tree made to the process for finding a mortgage lender.  Lending Tree used the power of the Internet to bring online competition in the mortgage application process. Equally important is that Lending Tree’s website has helped consumers to better understand the process of applying for a home loan. We hope that Legal Bistro can achieve similar results in the legal services market.

When Lawyers Compete, You Win!

The single biggest reason why consumers love our service is because Legal Bistro facilitates lawyers competing online to serve the client.  Our Company motto is that When Lawyers Compete, the Client Wins! Frankly, we believe that both lawyers and consumers win when the competitive playing field has been leveled.

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Why Lawyers Love Legal Bistro

    

Are you happy with the current Return on Investment (“ROI”) for your online legal services marketing dollars?  Are you spending too much of your time qualifying leads? wasting time imagesDo you know anything about the visitors to your law firm’s website besides their IP Address and the date and time of their visit?  More specifically, are you being provided with case specific  facts that will help you evaluate their legal needs?

If you have answered yes to some or all of these questions then perhaps you will appreciate why lawyers love Legal Bistro.

YOU ARE IN CONTROL

You decide what cases you see based on the Practice Groups, Case Types and Tag or Key Words used when defining your Areas of Practice.

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Justice: Can you be sued and “not guilty” at the same time?

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How can a civil court force someone to pay a settlement when another court has already said they are not guilty? Guilty – But Not Guilty? It’s true that a person can win a criminal action, but then go on to lose the civil action. It’s because the two actions are brought by different parties and subject to different standards of proof.

The Difference Between Criminal Guilt and Civil Liability

The law distinguishes between criminal guilt and civil liability. In 1995, Simpson was found not guilty of murdering Nicole Simpson and Ron Goldman, but then two years later was found liable to Goldman’s parents for causing Ron’s “wrongful death.”

The explanation is that a “Murder” is a crime, whereas “wrongful death” is a civil wrong, otherwise known as a “tort.” Generally speaking, crimes are established so that society can punish (and, one hopes, deter) morally culpable behavior. Torts, on the other hand, are created to provide compensation to the injured.

not-guilty-graphic-33377572The Difference Between Torts and Crimes

It just so happens that many acts – like killing somebody – are both crimes and torts. But this is not always the case. For example, a failed attempt to commit a murder constitutes a crime (attempted murder), but if the intended victim is not harmed by the attempt, there’s no tort – because there’s nothing to compensate. Conversely, there are plenty of torts that aren’t crimes. Defamation, for example, is the publication of words that damage a person’s reputation. You can be sued for it, but in most jurisdictions there is no corresponding crime.

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Does the Surviving Boston Marathon Bomber Suspect Have to be Read Miranda Rights?!

In a recent article posted on the CNN website entitled: What are the Boston suspect’s legal rights?, was reported that Dzhokar Tsarnaev, the 19 year old Boston Marathon bombing suspect was put into prison Friday night.

Acoording to authorities, Dzhokar Tsarnaev was not read his Miranda rights when he was arrested. Miranda rights (also the Miranda Warning) is defined by Wikipedia as a warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

The exact wording of the “Miranda Rights” statement is not specified in the Supreme Court’s historic decision. Instead, law enforcement agencies have created a basic set of simple statements that can be read to accused persons prior to any questioning:

- You have the right to remain silent;

- Anything you say can be used against you in a court;

- You have the right to have an attorney present now and during any future questioning;

- If you cannot afford an attorney, one will be appointed to you free of charge if you wish.

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