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Dry-Labbing Exposed: El Paso DPS Crime Lab Fakes Results of Blood Alcohol Tests

by | Apr 16, 2018 | Blog

In 2015, criminal defense attorneys, Brent Mayr and Tommy Carter, working with the assistance of forensic toxicologist, Amanda Culbertson, were called upon to review a case of an individual arrested and charged with DWI in El Paso, Texas. A police officer had stopped and arrested the person and, acting pursuant to a No Refusal Program, obtained a search warrant and had the person’s blood drawn. The vials of blood were delivered to the Texas Department of Public Safety’s El Paso Regional Crime Lab where the blood was to be tested by analysts to determine the blood alcohol concentration. After several months, the lab released an official lab report stating that the blood alcohol concentration was over the legal limit. While most individuals would think they had no choice but to plead guilty, this individual insisted that he was not intoxicated and asked Mayr, Carter, and Culbertson to take a closer look. Mayr and Carter obtained an order from a judge requiring the crime lab to produce all records related to the testing of their client’s blood. The records revealed what appears to be one of the most egregious acts that a laboratory could commit: dry-labbing. “Dry-labbing” is a term used where a lab reports that they performed a test producing a result when, in fact, no test was ever performed or the data was manipulated in a way contrary to what naturally occurs. Stated differently, it is where a lab reports “fake results.” How Blood is Tested to Determine BAC To understand the gravity of and provide clarity to this issue, one needs to be familiar with some of...

Hurricane Harvey’s Effect on the Criminal Justice System

by | Sep 18, 2017 | Blog

When Hurricane Harvey hit the Southeast Texas region in August 2017, it destroyed and flooded thousands of homes and businesses. With such impact, then, it should come as no surprise that it also greatly affected both the federal and state criminal justice systems throughout the region. This picture is worth the colloquial “thousand words.” This is the Harris County Criminal Justice Center a day after the rain stopped coming down. The massive flooding caused the Buffalo Bayou, located two blocks from the building, to come out of its banks and flood the northern edge of downtown Houston. Although the building was improved after Tropical Storm Allison in 2001 to prevent water damage, including the installation of flood doors (which can be seen directly behind the front, glass doors), water was still able to permeate the building’s basement causing severe damage. This lead to sewage backing up and coming out of toilets and water fountains on the upper floors. There was also damage to upper floors from cooling pipes bursting from unregulated pressure. The building contained 22 criminal district felony courts, 16 criminal county misdemeanor courts, the District Attorney’s Office, the Public Defender’s Office, the Office of Pretrial Services, and Court Administration. Now it is empty. All occupants were required to move out as the building will have to undergo massive repairs that are expected to take 9 months (but we all expect to take about 18). As a result, courts, prosecutors, and staff have had to relocate. Criminal District Courts are now sharing courtrooms with Civil District Courts in the Civil Courthouse which did not sustain any damage. The...

Brent Mayr Now Featured on TXFederalDefense.com

by | Aug 30, 2017 | Blog

Brent Mayr is now being featured on TXFederalDefense.com, a directory of licensed attorneys who represent individuals under investigation for and charged with federal criminal offenses. The directory also features Paul Schiffer and Richard Esper. They, along with Brent Mayr, are federal criminal defense attorneys and considered to be among the best in Texas in that area. Combined, the three of them have over 80 years of legal experience and have obtained numerous acquittals and dismissals for their clients. Each one maintains their own separate practice and law firms but work in conjunction with one another to insure the very best representation to each individual client. Whether it is a federal drug conspiracy case in West Texas, a white collar investigation in Houston, or a Medicare fraud case in Dallas, Brent Mayr, Paul Schiffer, and Richard Esper have handled cases all over Texas and the United States and are available to handle all federal criminal cases anywhere and everywhere. Click here to learn more on TXFederalDefense.com...

Feds Crack Down Again on Health Care Fraud

by | Jul 13, 2017 | Blog

The need for having an experienced, knowledgeable federal criminal defense attorney has never been greater today than it has been in several years. Today, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists. The charges — like most prosecuted by the Department of Justice — aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals allegedly contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 91 Americans die every day of an opioid related overdose.   The Gov’t Has a Medicare Fraud Strike Force, Who Do You Have To Fight Against Them? The Government has a Medicare Fraud Strike Force, a joint initiative between the...

Health Care Fraud Criminal Defense

by | Jun 22, 2016 | Blog

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...