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  • Filing an Injury Claim With an Insurance Company

    Filing Injury Claims With Insurance Companies

    Unfortunately, accidents and incidents can be unavoidable sometimes. It can happen to any innocent man or woman and anywhere, during a working day or a holiday. You can appear into a slip and fall accident or in an automobile accident in the most unexpected moment and suffer either property damages or personal injuries. One of the common ways to get a compensation is settling a personal injury claim with an insurance company. Insurance companies exist to protect people from different kind of unpredictable and undesired coincidences. Here is a list of several insurance companies operating in Los Angeles: Kemper, Alliance, Farmers, State Farm, Mercury, Safeco, Infiniti, Allstate, Progressive, Esurance etc. Every insurance company has its own policies, procedures and different suggestions. You can file an insurance claim for various types of scenarios. It depends on the type of your insurance and on the policies and procedures. In most cases some documentation must be done, and the terms must be strictly kept. Filing a claim with an insurance company can be a tough and time-consuming process full of uncertainty and tricky procedures. KAASS Law firms' attorneys are good professionals and experienced in such cases. They can be there to help and to provide you with deserved outcomes.

    Who Can Claim Compensation and How?

    You should carefully read your insurance contract in order to reveal who can apply for compensation and who can be compensated. There are different insurance packages. You can have an Insurance that only covers your personal injuries, or your family member's injuries can be included under the coverage too. That's why it is very important to carefully examine the contract. You can can file a claim with your insurance company either personally or via law firms and/or attorneys. As was mentioned above, claiming procedure may include several terms and conditions in addition to plenty of documentation. It is important to know, that you need to introduce the accurate calculation of the financial losses caused by the accident. While there are some punitive damages that you could calculate yourself, such as lost wages and current medical charges, there are others that you may find practically impossible without the help of an attorney. These include the value of your pain and suffering, in addition to lost capacity of making money. Once you have dealt with all the medical affairs that may arise out of such an undesirable event, you may need to operate a personal injury claim with an insurance company to receive compensation for such injuries.

    Insurance Companies Generally Aim to Reduce Expenses

    Insurance companies aim to help their insureds in the times of trouble, but like any business, they are trying to lessen your costs and expenses under their coverage to compensate less. It means they can save markedly in the amounts they have to pay to the insured. In these cases, dealing with insurance companies may even become confusing to a lawyer, let alone to a person without any legal discipline at all. The personal injury lawyers must know the rules, too. They must understand the guidelines and the terms. Additionally; these will include different filing procedures for claims against insurance companies. KAASS Law firm's personal injury lawyers are experienced in such cases and they can assist you. They can help in the validity of the potential claim. They can ensure that the time limit, in your case, is met and the necessary documentation is done. This paperwork plays a huge role in such kind of processes and is a mandatory part of success.
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  • Federal Drug Trafficking

    Federal Drug Trafficking Law US Code 21 Section 841

    Federal drug trafficking law US Code 21 Section 841 states that it is unlawful to knowingly and intentionally manufacture, dispense, distribute, or possess the intention to manufacture, distribute or dispense a controlled substance; or distribute, create, dispense or possess with the intention to dispense or distribute the counterfeit substance.

    Elements of Federal Drug Trafficking Crimes Under US Code 21 Section 841

    The prosecution must prove beyond a reasonable doubt the following elements to convict the defendant of federal drug trafficking:
    • The defendant had the specific intent to traffic drugs.
    • The defendant had knowledge that he was transporting drugs

    Counterfeit Substance

    A counterfeit substance is a controlled substance that has the container or labeling of any trademark, identifying mark, trade name, number, imprint, device, or any likeness thereof, of a manufacturer, dispenser, or distributor or without authorization.

    Federal Drug Crime Charges

    The defendant is likely to be charged with a federal drug crime in case the criminal activity:
    • Happened on federal property
    • Involved importing drugs into the US or crossed state lines
    • Was related to a continuing criminal enterprise or an organized crime
    • Involved the sale of a large amount of drug
    • Involved transporting drugs through mail couriers such as FedEx, USPS, and UPS.

    Simple Possession and Possession With the Intent to Distribute

    Small amounts of drugs can be considered to be for personal use, and are often handled by local and state officials. But, in case the defendant is involved with larger amounts of drugs with the intent to distribute, his case is more likely to be handled by federal authorities.

    Penalties for Federal Drug Trafficking

    The judge considers the following factors when determining the defendant's sentence:
    • Defendant's criminal history
    • The type of drugs
    • The quantity of drugs
    • Whether or not the drug caused death or serious bodily injury to another person
    According to the Controlled Substance Act (CSA), controlled substances are divided into five schedules based on their perceived abuse potential, safety concerns, and medical utility. Drugs listed in Schedule I have the highest potential for abuse. The defendant can face a 10-year minimum sentence for manufacture or possession with the intent to distribute the following drugs:
    • 1 kg or more of heroin
    • 5 kg or more of cocaine
    • 280 g or more of crack
    • 50 g or more of pure methamphetamines (500 g of meth mixture).
    • 10 g or more of LSD
    • 100 g or more of pure PCP
    • 1000 kg or more of marijuana;
    The defendant can face up to 20 years in federal prison for a second offense, and a life sentence for a third offense. In case someone suffered great bodily injury or died as a result of the crime the penalties can double from a minimum of 20 years to a life sentence for a subsequent offense.

    Penalties for Smaller Amounts of Drugs

    The defendant will also face a mandatory minimum sentence of 5 years in federal prison for smaller amounts of drugs.
    • 100 g or more of heroin
    • 28 g or more of crack
    • 100 kg or more of marijuana
    • 5 g or more of pure methamphetamines (50 g of meth mixture)
    • 500 g or more of cocaine
    • 10 g or more of pure PCP
    • 1 g or more of LSD

    Penalty Enhancement for Federal Drug Trafficking

    The defendant will face harsher penalties in case he carried a firearm during a drug trafficking crime, was trafficking drugs near a federal facility or school, or used a minor under the age of 18 in drug operations. Are you or someone you know in need of legal assistance regarding federal drug trafficking charges? Get in touch with KAASS Law in order to see what we can do for you. Your Name (required) Your Phone Number (required) Preferred Time to Contact You Back Your Email Subject Your Message By checking this button I consent to the terms and conditions of KAASS Law.
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  • Anti-Kickback Statute [42 U.S.C. § 1320a-7b(b)]

    Anti-Kickback Statute 42 US Code Section 1320a-7b(b)

    According to the Anti-Kickback Statute 42 US Code Section 1320A-7B(B), it is prohibited to knowingly and willfully offer, solicit, pay, or receive anything of value which create any type of reward for referring patients to, recommending or arranging any type of purchase that falls under the payment made by health care benefit programs.

    The statute covers both the payers of kickbacks-those who pay or offer remuneration and the recipients of kickbacks-those who receive or solicit remuneration.

    Examples of Illegal Remuneration:

    Illegal remuneration includes anything of value and can take many forms besides cash, such as:

    • Expensive hotel stays and meals free rent
    • Compensation for medical consultancies or directorships.
    • Bribes
    • Rebate
    • Gifts
    • Below market rent or lease agreements
    • Discounts
    • Services or equipment provided at below the market price

    Safe Harbor

    There are safe harbor regulations that protect certain payment and business practices that could otherwise implicate the Anti-Kickback Statute from criminal and civil prosecution. The safe harbor regulations put definitions of these practices to make them lawful for medical providers. The regulations must be exactly met with no exceptions to qualify for safe harbor protection.

    Some Examples of Safe Harbor Regulations:

    • Certain discounts and price reductions
    • Employment relationships
    • Fair market value compensation
    • Group purchasing arrangements and organizations
    • In-office ancillary services
    • Incidental benefits
    • Isolated transactions
    • Non-monetary compensation
    • Personal service arrangements
    • Physician services

    Kickbacks in Health Care Can Lead To:

    • Overutilization
    • Increased program costs
    • Corruption of medical decision making
    • Patient steering
    • Unfair competition

    Anti-Kickback Statute Penalties

    Though the Anti-Kickback Statute is a criminal statute, it provides both civil and criminal penalties for violations.

    The criminal penalties are the following:

    • A fine of up to $25,000
    • Five years in federal prison

    Additionally, the Office of the Inspector General for the Department of Health and Human Services can pursue:

    • False Claims Act liability
    • Civil penalties of up to $50,000 for a violation
    • Three times the amount of any government overpayment.

    Sometimes penalties for Anti-Kickback violations also include a period of debarment or exclusion from participation in Medicaid, Medicare, and all other federal programs which provide health benefits.

    Differences Between the Anti-Kickback Statute and the Stark Law

    Anti-Kickback Statute the Stark Law are the two main federal statutes that deal with remuneration related to improper referrals. Though the two laws are similar, there are several differences between the Stark Law and the Anti-Kickback Statute.

    • Anti-Kickback Statute includes both criminal and civil penalties when the Stark Law is exclusively a civil enforcement statute.
    • Anti-Kickback Statute applies to Medicare and any other federal healthcare program when the Stark Law applies only to Designate Health Services paid for by Medicare.
    • Anti-Kickback Statute applies to any referral source when a violation of the Stark Law involves a relationship between and an entity and a physician.
    • For violating the Anti-Kickback Statute the element of intent must be present when the Stark Law is a strict liability statute.
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  • Federal Embezzlement Laws

    Federal embezzlement laws are broken down by the type of stolen property and money. Here is a short description of each category mentioned in 18 U.S.C Chapter 31, and the associated penalties.

    18 U.S.C. § 641 Public Money, Property, or Records

    Under 18 U.S.C. § 641 it is prohibited to embezzle property, money, records, or anything else of value that belongs to the United States government or one of its agencies.

    Penalties for 18 U.S.C § 641 Offenses

    In case the 18 U.S.C. § 641 offense involves $1,000 or more:

    • Up to ten years in federal prison
    • A fine of up to $250,000

    In case the 18 U.S.C. § 641 offense involves $1,000 or less:

    • Up to one year in jail
    • A fine of up to $100,000

    18 U.S.C. § 642 Tools and materials for counterfeiting purposes

    Under 18 U.S.C. § 642 it is prohibited to embezzle tools, printing devices, stamps, or other implements used to create currency notes, federal bonds, certificates, postage stamps, coupons, or other item authorized to be put into circulation by the federal government.

    Penalties for 18 U.S.C. § 642 Offenses:

    • Up to ten years in federal prison
    • A fine of up to $250,000

    18 U.S.C. § 643 Accounting Generally for Public Money

    Under 18 U.S.C. § 643 it is prohibited to embezzle public money by federal officers, agents or employees.

    Penalties for 18 U.S.C. § 643 Offenses:

    In case the 18 U.S.C. § 643 offense involves $1,000 or more:

    • Up to ten years in federal prison
    • A fine of up to $250,000 or a sum equal to the amount embezzled

    In case the 18 U.S.C. § 643 offense involves $1,000 or less:

    • Up to one year in jail
    • A fine of up to $100,000

    18 U.S.C. § 644 Receiving Unauthorized Deposit of Public Money

    18 U.S.C. § 644 applies to embezzlement by a person who receives and keeps public funds that don't belong to him.

    Penalties for 18 U.S.C. § 644 Offenses:

    In case the 18 U.S.C. § 644 offense involves $1,000 or more:

    • Up to ten years in federal prison
    • A fine of up to $250,000 or a sum equal to the amount embezzled

    In case the 18 U.S.C. § 644 offense involves $1,000 or less:

    • Up to one year in jail
    • A fine of up to $100,000

    18 U.S.C. § 648 and 649 Custodians Misusing Public Funds

    Under 18 U.S.C. § 648 and 649, it is prohibited to embezzle either by keeping or failing to promptly deposit federal money by any person charged with the safekeeping of federal money.

    Penalties for 18 U.S.C. § 648 and 649 Offenses:

    In case the 18 U.S.C. § §648 and 649 offense involves $1,000 or more:

    • Up to ten years in federal prison
    • A fine of up to $250,000 or an up to the amount embezzled

    In case the 18 U.S.C. § §648 and 649 offense involves $1,000 or less:

    • Up to one year in jail
    • A fine of up to $100,000

    18 U.S.C. § 650 Depositaries Failing to Safeguard Deposits

    18 U.S.C. § 650 addresses the embezzlement by the United States Treasurer, an employee of the treasury, or any other public federal depository.

    Penalties for 18 U.S.C. § 650 Offenses:

    In case the 18 U.S.C. § 650 offense involves $1,000 or more:

    • Up to ten years in federal prison
    • A fine of up to $250,000 or an up to the amount embezzled

    In case the 18 U.S.C. § 650 offense involves $1,000 or less:

    • Up to one year in jail
    • A fine of up to $100,000

    18 U.S.C. § 653 Disbursing Officer

    18 U.S.C. § 653 addresses embezzlement by any federal officer or employee who is charged with disbursing public money.

    Penalties for 18 U.S.C. § 653 Offenses:

    In case the 18 U.S.C. § 653 offense involves $1,000 or more:

    • Up to ten years in federal prison
    • A fine of up to $250,000 or a up to the amount embezzled

    In case the 18 U.S.C. § 653 offense involves $1,000 or less:

    • Up to one year in jail
    • A fine of up to $100,000

    18 U.S.C. § 655 Theft by a Bank Examiner

    This section addresses embezzlement by federal public bank examiners and assistant examiners when the money embezzled is taken from a banking institution which is a member of the Federal Reserve System, insured by the Federal Deposit Insurance Corporation, is an agency or branch of a foreign bank.

    Penalties for 18 U.S.C. § 655 Offenses:

    In case the 18 U.S.C. § 655 offense involves $1,000 or more:

    • Up to ten years in federal prison
    • A fine of up to $250,000 or an up to the amount embezzled

    In case the 18 U.S.C. § 655 offense involves $1,000 or less:

    • Up to one year in jail
    • A fine of up to $100,000

    18 U.S.C. § 657 Embezzlement by Employees of a Bank, Credit, Lending, or Insurance Institution

    This section prohibits embezzlement by an employee of any banking credit, lending, or insurance institution the Federal Reserve Act, or by a Federal Reserve employee.

    Penalties for 18 U.S.C. § 657 Offenses:

    In case the 18 U.S.C. § 657 offense involves $1,000 or more:

    • Up to thirty years in federal prison
    • A fine of up to $1,000,000

    In case the 18 U.S.C. § 657 offense involves $1,000 or less:

    • Up to one year in jail
    • A fine of up to $100,000

    18 U.S.C. § 658 Property Mortgaged or Pledged to Farm Credit Agencies

    Under 18 U.S.C. § 658 it is prohibited to embezzle property or money pledged to or held by a farm credit agency as security for a farm loan.

    Penalties 18 U.S.C. § 658:

    In case the 18 U.S.C. § 658 offense involves $1,000 or more:

    • Up to five years in federal prison
    • A fine of up to $250,000

    In case the 18 U.S.C. § 658 offense involves $1,000 or less:

    • Up to one year in jail
    • A fine of up to $100,000

    18 U.S.C. § 663 Solicitation or Use of Gifts

    According to this Section, it is prohibited to solicit a gift of money or other property on behalf of the United States Federal government or one of its agencies with the intent to keep that gift or to embezzle donated property or money.

    Penalties for 18 U.S.C. § 663 Offenses:

    • Up to five years in federal prison
    • A fine of up to $250,000

    18 U.S.C. § 664 Embezzlement From an Employee Benefit Plan

    Embezzling from any employee benefit plan.

    Penalties for 18 U.S.C. § 664 Offenses:

    • Up to five years in federal prison
    • A fine of up to $250,000

    18 U.S.C. § 666 Theft or Bribery Concerning Programs Receiving Federal Funds:

    This section defines embezzlement by employees of organizations receiving $10,000 or more in federal grants, subsidies, contracts, guarantees, loans insurance, or other forms of federal assistance in one year period.

    Penalties for 18 U.S.C. § 666 Offenses:

    In case the offense involves $5,000 or more:

    • Up to ten years in federal prison
    • A fine of up to $250,000

    18 U.S.C. § 667 Theft of Livestock

    This section defined the embezzlement of money, livestock, or any other property worth $10,000 or more, which is connected with marketing or selling livestock in foreign or interstate commerce.

    Penalties for 18 U.S.C. § 667 Offenses:

    • Up to five years in federal prison
    • A fine of up to $250,000

    18 U.S.C. § 668 Theft of Major Artwork

    According to 18 U.S.C. § 668, it is prohibited to obtain or steal by fraud artwork or other items from a museum when the art is worth at least $5,000 and is over one hundred years old or worth at least $100,000.

    Penalties for 18 U.S.C. § 668 Offenses:

    • Up to ten years in federal prison
    • A fine of up to $250,000
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  • Animal Abuse Laws in California

    California Penal Code 597 (PC 597) Animal Abuse

    According to the animal abuse law California Penal Code Section 597 (PC 597), it is illegal to maliciously and intentionally mutilate, maim, wound, torture, or kill an animal.

    More specifically, it is prohibited to:

    • Overload, overdrive, or overwork an animal
    • Tormentor torture an animal
    • Impose needless cruelty upon an animal
    • Deprive an animal of necessary sustenance, shelter or drink
    • Subject an animal to unnecessary suffering
    • Beat, mutilate or kill an animal
    • Drive, ride, or use an animal when unfit for labor
    • Abuse an animal in any other manner.

    Under this animal abuse law in California, it is also prohibited to maliciously or intentionally maiming, torturing mutilating or a bird, reptile, amphibian, mammal, or fish that is protected or endangered species.

    Elements of Crime Under California Animal Abuse Law PC 597

    To convict the defendant under California Penal Code Section 597, the prosecutor must prove that he acted maliciously, intentionally, or cruelly when committing the act of animal abuse.

    Legal Defenses to California PC 597 Animal Abuse Charges

    • Self-defense or defense of others

    The defendant can fight a PC Section 597 charge in case he injured or killed an animal for the purposes of protecting himself, another person, or even another animal. The defendant must present the evidence that he acted reasonably given the circumstances of the incident.

    • Accident

    A defendant can fight a PC Section 597 charge in case the animal's injury or death was an accident and wasn't the result of any intentional plan, maliciousness, cruelty, or gross negligence.

    • False Accusation

    There are plenty of reasons when a person can be falsely charged with a PC Section 597 violation. It can be mistaken identity or a purposeful accusation of another person of animal abuse.

    Penalties for Violating California Animal Abuse Law PC 597

    California PC Section 597 Animal Abuse can be charged as either a misdemeanor or a felony depending on the defendant's criminal history and the facts of the case and.

    Penalties for a Misdemeanor Conviction of PC 597 Animal Abuse:

    • Up to one in a county jail
    • A fine of to $20,000

    Penalties for a Felony Conviction Are the Following:

    • Sixteen months, two, or three years in the California state prison
    • A fine of to $20,000

    In case the animal abuse involved the use of a deadly weapon, the judge can extend the sentence by an additional year.

    Moreover, the conviction for Penal Code Section 597 PC violation may result in additional consequences, such as mandatory counseling or the animals being permanently removed from the defendant's custody. The defendant can also face occupational and professional license restrictions, immigration consequences, loss of rights to own firearms, and more.

    Crimes Related to California Penal Code Section 597

    • Cockfighting – California PC Section 597 (b)
    • Dogfighting – California PC Section 597.5
    • Leaving an Animal in an Unattended Vehicle – California PC Section PC 597.7
    • Sexually Abusing an Animal – California PC Section 5
    • Selling an Animal on the Street – California PC Section 597.4
    • Poisoning an Animal – California PC Section 596

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    • Contact Us Now

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    By submitting this form, you consent to be contacted by phone and/or email regarding your inquiry. Contacting us does not create an attorney-client relationship. Do not send any confidential or private information until an attorney-client relationship has been established.

    or
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