Law Enforcement

Michigan Governor Seeks to Ban All Firearms at the Capital Building

Published on: February 15, 2021 | by Patrick Barone

Early in the 2020 Covid-19 pandemic Michigan’s Governor Whitmer promulgated a slew of executive orders that significantly reduced or eliminated the ability of Michigan’s citizens to work, travel, shop and engage in many leisure activities. The Governor’s orders were among the most restrictive in the Nation, earning her both praise and criticism locally and nationally.

Within Michigan, many protests followed, including a well-publicized armed protest in April 2020. No firearms arrests followed this protest, and many were surprised that Michigan law did not ban the open or concealed carrying of firearms at the State Capital.

To understand why no arrests were made, it is helpful to know that Michigan is an open-carry State, meaning that in many instances non-concealed firearms can be carried anywhere not otherwise precluded under Michigan Complied Laws §750.234d. The laws pertaining to concealed carry are someone different, but the capital building is also not a prohibited place for concealed carry under Michigan Complied Laws § 28.425o.

Texas Pharmacist Gets 10 Year Prison Term for Health Care Fraud and Money Laundering

Published on: July 3, 2020 | by Patrick Barone

George Tompkins , a Texas pharmacist from Houston, was recently given a 10-year prison term after a jury convicted him of multiple felony counts, including health care fraud, money laundering and wire fraud. Known as the “compound king”, the 75-year-old was also convicted of conspiracy to pay and receive kickbacks. Mr. Tomkins was first arraigned on the 17-count indictment back in February 2018.

The evidence received by the court during the 6-day jury trial suggested that Mr. Tompkins, working with others, devised a health care prescription fraud scheme whereby they unlawfully received almost twenty-two million dollars in government payments for prescriptions that were medically unnecessary. The money was paid to Tomkins by the Department of Labor, and most of the prescriptions were given to patients referred to them by and through their contract to provide such services to state and federal employees. The payments were contracted through the Federal Employees Compensation Act program (FECA). Many hundreds of patients were involved in this prescription fraud scheme.

To assist in their criminal enterprise, Mr. Tompkins and his cohorts created a couple different shell companies through which much of the fraud was run. They used these companies to launder their ill-gotten proceeds. Part of the fraud involved continuing to ship prescriptions to their “patients” even after they had repeatedly been told to stop sending them.

Can I Legally Wear a Covid-19 Face Mask While Lawfully Carrying a Firearm in Michigan?

Published on: June 30, 2020 | by Ryan Ramsayer

The short answer is yes. There is no Michigan law specifically on this topic and the existing laws in Michigan do not otherwise preclude the wearing of a Covid-19 facemask while otherwise carrying a firearm in Michigan.

In Michigan, the Covid-19 Pandemic has brought significant changes and restrictions to Michiganders. One of the often-debated pandemic guidelines is the requirement to wear a facemask. Currently, there is no absolute rule on the facemask requirement, and the guidelines on this topic vary between counties, municipalities, stores, and restaurants to wear facemasks. While the actual scientific merits of the facemask requirements may remain up for debate, it also leads to significant questions of legality.

One of the questions frequently asked of the Michigan Gun Lawyers at the Barone Defense Firm is whether a person carrying a firearm can do so legally while wearing a facemask. Obviously, wearing a facemask while carrying a pistol into the local Kroger feels like you are going to rob the place, but is it illegal?

Financial Fraud Expected to Increase in Michigan Due to Covid 19 Experts Predict

Published on: June 24, 2020 | by Patrick Barone

One of the many unintended consequences of the government’s response to the Covid-19 pandemic may well be a significant increase in financial fraud. This is due in part to the central banks lowering of the prime interest rate to zero percent. With money this “cheap” companies and individuals are encouraged to borrow money, which is all well and good until the money must be repaid. And when money is cheap, individuals may use the money they have borrowed recklessly, taking greater risks of loss.

Financial fraud occurs when an individual or corporation offers to provide goods, services, or financial benefits knowing that that these things do not and may never exist. In these situations, the victims of financial fraud trade money for these benefits, but never receive what’s been promised to them. This is because the perpetrators of the financial fraud know that the benefits do not exist, were never intended to be provided, or were misrepresented. Typically, victims give money but never receive what they paid for.

Possibly the most famous historical example of financial fraud occurred in the 1870s and is referred to as a “Ponzi scheme.” Charles Ponzi was a businessman and financier who created the Securities and Exchange Company. Using this as a front to defraud, Mr. Ponzi took money from investors, and then, after a mere 45 days, promised to return to them a 50% profit. Trouble was that the money was never “invested.” Ponzi simply took the new money he was being paid today to pay off the older investors. Also called a “pyramid scheme” a Ponzi scheme can only last so long, and like all Ponzi schemes, it eventually collapsed.

FBI Raid Leads to Several Medicare and Medicaid Prescription Fraud Charges

Published on: June 12, 2020 | by Patrick Barone

As part of an ongoing investigation by the Federal Bureau of Investigations, several of Michigan’s pharmacists have been charged with Medicare and Medicaid Prescription Fraud. The allegations include claims that at least one scheme lead to the defrauding of the Federal Government of more than five million dollars. Further, that fraudulent claims were submitted to Medicare, Medicaid and Blue Cross via the service dialdrugspharmacy.com. Medications fraudulently prescribed included Clozapine and Alprazolam. According to the complaint, some of these prescriptions were written for dead people.

According to Title 18 of the United States Code, health care fraud consists of the knowing implementation (or attempted implementation) of a scheme intended to defraud a health care program using false pretenses. A pharmacist can violate this law even if they are ignorant of the law itself, or if they only have the “general intent” to violate the law. This is because health care fraud under this section is not a specific intent crime. The law defines “fraud” as being the intentional deception or misrepresentation of facts which lead to the receiving of an unauthorized benefit. But here again the intent need only be general and not specific. According to the Michigan prescription fraud lawyers at the Barone Defense Firm, this can lead to unfair prosecution of pharmacists who never specifically intended to violate the law.

There are many kinds of prescription fraud. Once type of prescription fraud involves a scheme whereby a prescription is set on “auto-refill” and then billed as scheduled when the patient never actually ordered or wanted the medication. These prescriptions are never picked up but the pharmacy non-the-less bills Medicare. This same medication can be “re-sold” many times over, thereby increasing the size of the auto-refill fraud. Another version of this kind of fraud involves giving the undelivered pills to patients, staff or medical sales reps for redistribution. This is most common with Opioid drugs that have significant street value.

Will Sales of Carry-Out Cocktails Increase Instances of Michigan Drunk Driving?

Published on: June 11, 2020 | by Patrick Barone

Allowing the sale of pre-made cocktails and other types of alcoholic beverages to be sold carry-out may increase the numbers of drunk drivers on Michigan’s roads. However, because the answer to how carry out liquor sales will impact instances of DUI is not clear-cut, only time will tell if this potential for increased DUI becomes reality.

A good argument can be made that the new carry-out laws will have zero impact on DUI in Michigan. But these arguments assume that the bars and restaurants will be keeping a close eye on their patrons after the carry-out sale is made. If the persons consuming the alcohol are under less scrutiny from the persons selling it, and therefore less likely to get “cut off” before becoming intoxicated, then the new law may create a greater likelihood of drunk drivers.

The covid-19 restrictions imposed by Governor Whitmer have hurt the bottom line for all of Michigan’s bars and restaurants, and these new bills are intended in part to create a new stream of revenue and help these small businesses survive. For example, as quoted in the Detroit Free Press, Ben Giovanelli, who is the president of the Rochester Downtown Development Authority, believes that outdoor sales will be the key to survival for many bars and restaurants, who are still only allowed to operate at half-capacity. Social districts can help make up the difference.

Legality of Recording Police Officers in Michigan

Published on: March 31, 2018 | by Patrick Barone

Legality of Recording Police Officers in Michigan

Recent stories of police misconduct have led to many citizens recording police activity. They often do so to prove the police officer acted inappropriately. But is it legal?

The short answer is yes, but it depends on where the conversation or activity is taking place. In Michigan, there are two laws that deal with the recording of any conversation or activity, even those involving the police. The first is a wiretapping law stating it is illegal to willfully or maliciously wiretap an electronic device including a smartphone or computer to record activity or a conversation. This is a felony that carries a sentence of up to two years in prison and/or a fine of $1,000 but it is not the type of recording most people consider when they record the police.

These situations typically include videotaping or recording a police officer dealing with a member of the public. And this would fall under Michigan’s eavesdropping law. Under this law it is illegal for any person to record a private conversation or use a device that can help them listen in on a private conversation taking place between other people. This is also a felony that could carry a sentence of up to two years in prison, and/or a fine of $2,000. But the key word within this statute is private.

What are the Mandatory and Permissive Terms and Conditions of Probation in Michigan?

Published on: March 23, 2018 | by Patrick Barone

When thinking about the mandatory terms and conditions of probation it’s important to first understand that, according to Michigan Compiled Laws, section 771.4, the granting of probation is a matter of grace. In other words, probation is a privilege, not a right.

Furthermore, this legislative idea of probation being a matter “grace” extended to you by the court is further expressed in Michigan Compiled Laws, section 771.1, which indicates that to be placed on probation, the court must first determine that you are not likely to again engage in any offensive or criminal conduct. Additionally, the court must believe that the public good does not require that you “suffer the penalty imposed by law,” meaning the public good does not require the court to sentence you to jail or prison.

If you are “lucky” enough to be given a term of probation, Michigan Compiled Laws 771.3 sets forth all of the mandatory conditions of probation. This list includes the following:

Should You Talk to the Police?

Published on: September 2, 2016 | by Patrick Barone

In every case, the answer to this question is the same – it is an unqualified unequivocal NO!

The way this issue usually comes up in my practice is when a client or potential client calls my office and says that they received a call from police asking them to come to the station to “answer a few questions,” what should I do?

First of all, let’s remember that words mean things, and the cops know what words to use. They will ask you to come down for an interview. What they really want to do is interrogate you. If they were asking you to come down for an interrogation then how would you answer?

Do Judges Bend Law to Favor Law Enforcement?

Published on: September 2, 2016 | by Patrick Barone

Our country was founded on the principle of limited government. This means that police officers are supposed to be limited in their ability to do things like search your home, stop and frisk you on the street or even stop your car. The question is limited by whom? And the answer is, limited by judges.

The judges are members of the judicial branch of government, while the police are members of the executive. Thus, when judges limit the power of the police they are doing what the constitution says they are supposed to do. But when they expand the power of the police, they are abnegating their constitutional role.

This is a problem at all levels of government, but is a gigantic problem when we are talking about the court of final authority, the Supreme Court. That’s why it’s so significant when a Supreme Court Justice complains that the United States Supreme Court is bending the rules to favor the police and prosecutors.