Defending Chiropractors Charged With Crimes

Defending chiropractors requires knowledge of the motive of the prosecutors who file fraud charges. This chart is prepared by the department of insurance, thedoi funding chart for local district attorneys offices for fraud investigation

Michael Yates is a law school graduate who is currently licensed as a chiropractor.

Michael Yates understands your profession and the attack you are facing.

Michael Yates is a valued member of our Chiropractic Defense Team.Defending Chiropractors, law school graduate Michael Yates is a licensed chiropractor who works on chiropractic board accusation matters

 

TO DEFEND CHIROPRACTORS – WE FOLLOW THE MONEY

As a former Assistant District Attorney Tom Kensok supervised and charged hundreds of criminal cases, including health care fraud cases. He was careful not to charge a medical doctor with fraud unless he was certain of the doctor’s guilt.  He knew that if he charged a doctor with fraud and later learned that the doctor was innocent, the harm to the physician’s career could still be irreparable.

Criminal fraud cases not involving elder abuse or embezzlement, tend to be much more policy driven. By policy driven I refer to a concerted effort by the insurance industry and the California Department of Insurance to control their health care costs.

Daniel Horowitz is the premier chiropractor defense attorney in California.  His victories are legendary including the first and only MUA case to go to trial.   The “MUA” (Manipulations Under Anesthesia) case was tried in Stockton, California.  Had he lost that case we are informed that over 300 chiropractors would have been arrested and charged with practicing medicine without a license.

Defense of Chiropractors involves knowing the players.  The cast of characters includes standard prosecution war horses such as Jennifer Martin, D.C. and James Fisher J.D..  Horowitz has confronted and challenged their scripts and exposed them to judges, arbitrators and juries as heavily biased.

The attack on the chiropractic profession is all amount money.   Computer models and pencil pushers start the ball rolling so that seminars train prosecutors in formulaic attacks on chiropractic medicine.  Funds flow from the insurance carriers to the California Insurance Commissioner who then rewards aggressive prosecutor’s offices with large grants.

It is shockingly simple for an honest, highly skilled chiropractor to run afoul of a computer algorithm and be targeted for investigation. If you have a working class patient population, current injuries may exacerbate prior injuries.

This creates a complex combination of symptoms that are not easily attributable to current vs. past causation. From a medical perspective this allocation of fault is usually unrelated to the treatment plan.

Medically you objectively assess the symptoms and their cause and develop the best possible plan to treat. However, if your treatment plan and frequency is compared to a patient population that has a better initial health profile, you may be flagged by the computer as “over treating.” Your allocation of fault becomes an allocation of financial liability and impacts the fight between the insurance company and your patient’s lawyer. You, as the medical professional, become a ping pong ball.

Insurance companies, the Department of Insurance, and the Chiropractic Board often considers over treatment a fraud issue. Upon referral, your patient’s bills and clinical documentation are reviewed without ever examining the patient. An assigned expert will determine whether your diagnosis, treatment plan, and actual treatment conform to chiropractic standards.  See: ACA Article by Dr. Daniel Redwood.

As a prosecutor, I often received requests from the Department of Insurance to review the case for the filing of criminal charges. The SIU (Special Investigations Unit) of the insurance companies often hired retired police officers to investigate and put together reports that accompany a request for prosecution. The insurance paradigm is that in general, a few adjustments and a moderate level initial examination are all that is justified in terms of chiropractic treatment. The push is to make DC’s glorified physical therapists and to render any higher level of professional care, unjustified (meaning they won’t pay) and potentially fraudulent.

While many chiropractors refer a patient for imaging or to an orthopedist when treatment extends more than a few months, this prudent is not a guarantee of safety. Many of the physicians who accept DC referrals are “tagged” by insurance companies and subject to SIU and fraud unit scrutiny.

The Department of Insurance allocates millions of dollars to District Attorney’s Offices around the state to combat various types of insurance fraud. The allocations are often based on productivity, so It creates a self fulfilling prophecy. They need to bring prosecutions in order to get the next round of money. It is true the vast majority of referrals go to the licensing board, which creates its own set of difficulties for a practitioner. The consequences of the criminal cases go well beyond licensing board issues.

If you learn that you are under investigation, it is best to act quickly to prevent a Board Accusation or criminal charges. Remember that by the time you learn that you are under suspicion, there has already been significant investigation of the claims against you. Very rarely do these go away with a simple letter of explanation. In all cases, even those that are completely unfounded, you should seek immediate advice from an experienced medical case attorney.

Please feel free to contact me if you have questions or concerns.

Click on this to go to page listing top chiropractic disciplinary action areas such as overtreatment, failure to keep adequate records

 

Criminal Defense Specialist

 CRIMINAL DEFENSE SPECIALIST

 

 

bear with state bar of california certification as criminal defense specialist and link to news article on horowitz if you click the picture

 To legally advertise as a criminal defense specialist, the attorney must pass a written test and undergo extensive peer review by other criminal defense attorneys, judges and prosecutors.  If you had a serious medical condition wouldn’t you seek the services of a specialist?  The same is true in criminal defense.  A criminal defense attorney who is a general practitioner will rarely have the expertise to provide you with the best defense against criminal charges.

 

WHY CHOOSE A CRIMINAL DEFENSE SPECIALIST ?

If you have a heart problem would you go to a foot doctor?  Of course not.  But many attorneys advertise as “CRIMINAL DEFENSE LAWYER” and some (without State Bar approval), call themselves “CRIMINAL DEFENSE SPECIALISTS”.  But are they ?   The specialist certification requires academic achievement, trial skills and certification from other attorneys.  Unlike flashy advertising claims, the State Bar of California Board of Legal Specialization certification is an objective, earned achievement.  Only a few hundred attorneys in the entire State of California are certified criminal defense specialists.

Both Daniel Horowitz and  Carmela Caramagno are criminal defense specialists certified by the State of California Board of Legal Specialization.   Tom Kensok is a former Assistant District Attorney who was lead counsel in over 100 serious felony trials.  Oksana Tsykova is a National Trial Lawyer “Top 40 Under 40” award recipient.

 

TRIAL EXPERIENCE

Criminal law is Trial law.  Personal injury cases usually settle.  High stakes federal criminal cases often settle.  But high stakes state court cases often go to trial.    Daniel Horowitz is one of the nation’s most experienced jury trial lawyers.

Trial Attorney Oksana TyskovaTrial Attorney Carmela Caramagno horowitz in t shirt outside martinez california courthouse with security signs on metal and glass doors

         RECENT CRIMINAL JURY TRIALS

The types of cases that Daniel Horowitz has recently taken to trial may help you in deciding whether his office is a good fit for your case.

  • Felony Vehicular Manslaughter
  • Major Drug Conspiracy
  • Attempted Murder
  • Murder
  • Dissuading a Witness
  • Felony DUI with Great Bodily Injury
  • MS-13 Gang Conspiracy
  • Family Affiliated Mafia Gang Conspiracy
  • Medical Fraud
  • Insurance Fraud

 

AREAS OF CRIMINAL PRACTICE

The combined areas of excellence for Daniel Horowitz, Carmela Caramagno & Oksana Tsykova include:

A Team of Specialists

When you hire criminal defense specialist Daniel Horowitz, you also have the ability to form a custom team of top lawyers specializing in criminal defense. Carmela Caramagno is also a State Bar of California certified specialist and Tom Kensok was a top level prosecutor for almost 3 decades.  Even the firms youngest member has been lead counsel in over a dozen jury trials.   Why hire a “big firm” which has most of your critical work done by an inexperienced associate ?  With “Lawyers in Lafayette”, you can custom assemble a team of the most experienced trial lawyers.  Our support team includes paralegals who have been approved and appointed on capital murder cases, a licensed chiropractor, investigators with significant military, corporate and police experience.   You deserve the best and we provide the best custom defense team ideally suited to your needs.

Horowitz in the News

Daniel Horowitz in the Press

  Oksana Grigorieva Against Mel Gibson

Interviewed by Harvey Levin on TMZ

Harvey Levin of TMZ (TMZ Live) in an interview with Daniel Horowitz regarding the "Mel Gibson" lawsuit filed by Horowitz against Mel Gibson relating to his battery against his girlfriend Oksana Grigorieva. This is a link (click on the photo of Levin and Horowitz) that lasts about an hour and was aired on TMZ

 Daniel Horowitz attorney and Bruce Gerstman private investigator discuss jailhouse informant law and loopholes which allow informants to escape exposure. Photo has Horowitz and Gerstaman with the headline Jail house informant law has no tracking - an article in legal paper t"he recorder" written by criminal defense attorney daniel horowitz and criminal private investigator bruce gerstman about jail house informers and the lack of tracking of their activities

 

Article in San Jose Mercury News with criminal defense lawyer Daniel Horowitz commenting on Patty Hearst case

DANIEL HOROWITZ

Interviewed for News Story on the Patty Hearst (SLA) Case

Photo of FAIM founder Coby Phillips, who was represented by Daniel Horowitz this is a head shot with a Link to a news story about the murder trial of the faim leader. faim is family affiliated irish mafia case

 

 

 

 

 

Defense of the FOUNDER of the Family Affiliated Irish Mafia

Terry McMillan, gthe author of It's Not All Downhill From Here: A Novel by Terry McMillan was represented by Horowitz.This is a link to an article where Dan Horowitz represented author Terry McMillan and this is a photo of author terry mcmillan and link to a news article where horowitz represented terry mcmillan in lawsuit against her husband

 

Civil Case representing celebrated author Terry McMillan.

 

 

 

 

horowitz representing talk show host michael savage of the savage nation

Daniel Horowitz (the lawyer, not Daniel Horowitz of the Conservative Review !) Represents Michael Savage (Host of “The Savage Nation”) against censorship by corporate interests.  Click on Photo to read the article in the Washington Times.

picture of murder suspect jodi arias in new york post with link to post article where horowitz is quoted about arias representing herself                                               LEGAL COMMENTARY on JODY ARIAS MURDER CASE

 

 

Photo of Dan Horowitz and Dan O'Malley together, they were on the television show, TMZ interviewed about Grigorieva vs mel gibson and large support award against Mel Gibson in favor of Grigorieva links to video

 

 Daniel Horowitz Speaks About the Mel Gibson Case

ON THE TODAY SHOW

A today show logo with a link to a story where Daniel Horowitz appeared on the Today show to defend oksana grigorieva his client who was fighting against actor mel gibson in the Los Angeles Superior Court

Daniel Horowitz Represents Police Officers Suspended by the San Francisco Police Department

San Francisco videogate police scandal Horowitz Defends Police Officers as Gavin Newsom Suspends 21 Officers

Horowitz Defends Police Officers as Gavin Newsom Suspends 21 Officers

$ 840,000 for Barry Bonds 700th Home Run Baseball

Photo of Barry Bonds with link to article where dan horowitz and Michael Hassen represented steve williams, the man who got barry bonds 700th home run baseball and was then sued for grabbing it.

 

Images of CAIR and CAIR related persons and the Muslim Mafia book exposing them as members of hamas. Horowitz defends the first amendment and the journalists sued by CAIR

Horowitz Defends Journalists Against CAIR

Horowitz client erin martinov speaks to nbc news about assault against her by chiropractor Horowitz helped Erin Martinov bring her case against the chiropractor

Horowitz Client Gets Chiropractor Arrested for Battery

 

 

Ryan Roberts Juror Texting case during murder trial

Legal Commentary – Ryan Roberts Murder Trial (Texting Juror)

INTERESTING DOCUMENTS

Name Description
Document Examination of witness by Daniel Horowitz in Vehicular Manslaughter case Daniel Horowitz examines a favorable witness on direct, prosecutor Angela Backers does an excellent job on cross examination
Document Michael Savage SLAPP Motion Against Art Bell Filed by Carolyn Passen, Floyd Mandell and Daniel Horowitz, this motion challenged the slander lawsuit filed by radio host Art Bell against radio star Michael Savage, host of the Savage Nation
Document CCA (California Chiropractic Association) Publishes article by Daniel Horowitz Daniel Horowitz addresses the growing attack on chiropractic by both insurance companies and the government
Document News Article – Daniel Horowitz’ work against actor Mel Gibson leads to his arrest Actor Mel Gibson had seemingly unlimited money to fight the filing of criminal charges when he struck his girlfriend Oksana Grigorieva. Horowitz efforts led to criminal charges being filed against Mel Gibson
Document Cross Examination of Medical Expert Daniel Horowitz takes apart a medical expert by exposing the lack of Factual Support for his opinions
Document Deposition in Pavel Lazarenko case in United States District Court Witness examination in Ukraine by Daniel A. Horowitz of witness in the Pavel Lazarenko case
Lead Attorney Daniel Horowitz above description of criminal law and other practice areas

Daniel Horowitz

Criminal Defense specialist and trial lawyer daniel Horowitz in suit outside law office of daniel horowitz lafayette ca Dan horowitz is wearing a suit, white shirt and grey tie, dark glasses tinted brown with the office building in lafayette in the background with some trees and a parking lot

Daniel Horowitz (Click to see Recent Successful Case Outcomes)

 

Trial Lawyer and Criminal Defense Specialist Daniel Horowitz, has assembled a team of independent attorneys and paralegals with unsurpassed qualifications.

The attorneys are independent and have separate practices. Horowitz assembles a custom team for your case. You only pay for lawyers and paralegals who are suited to your case.  Unlike “big firm” structures, you are not paying to train a new associate and you are not carrying the payroll of salaried employees who need to generate income even if they are not suited to your case.

Our custom team of professionals included a licensed RIA (Registered Investment Advisor), Graduate school MBA, former school board member real estate brokers, a former acting District Attorney, a former District Attorney, former top supervising prosecutor, a chiropractor, the creator of the leading class action defense blog and a death penalty qualified paralegal.

Daniel Horowitz is the lawyer who you have seen on CNN, Fox News, MSNBC and of course, doing battle with the legendary Nancy Grace.  As a trial lawyer, criminal defense specialist, licensed real estate broker and SEC registered investment advisor (RIA), Horowitz academic achievements are legendary.  He has represented media stars Al Pacino, Michael Savage and author Terry McMillan among many others.  He has also fought against abuses by the rich and powerful including his classic lawsuit against actor Mel Gibson.

Instructor Criminal Defense Specialist Training

Exam Prep: Criminal Law Certified Legal Specialist Exam (State only) (CA)(Recording in 2019)

Legal Commentator

Celebrity trial attorney and television legal commentator Daniel Horowitz, has been involved in some of the highest profile cases of this decade.  Daniel covered the Michael Jackson and Scott Peterson trials for MSNBC, CNN and the Nancy Grace show.

Defense of Medical Professionals

As a trial attorney, Horowitz defends physicians and medical professionals who care charged with medical fraud and medical practice related crimes. As a State Bar of California Board of Legal Specialization certified criminal defense specialist, Daniel Horowitz provides a focused and effective defense.  Only 200 lawyers (approx) are certified as criminal defense specialists.  If your life, freedom and career are at stake, the “Lawyers in Lafayette” medical group are a top choice.

Licensing board Accusations provide little due process and Daniel Horowitz aggressively protects the licenses of physicians and chiropractors in medical licensing cases at the board / accusation level.

Traditional Criminal Defense

With over 25 murder trials, 7 death penalty trials and 200 jury trials, Daniel Horowitz is one of the nation’s most experienced high stakes litigators.   His recent criminal jury trials have included multiple murder cases, drug conspiracy, attempted murder, and complex gang litigation.

Celebrity Clients

Horowitz is the personal attorney for Talk Show Superstar,  Michael Savage of “The Savage Nation”.   In civil litigation, Daniel successfully terminated Dr. Savage’s contract with Talk Radio Network and obtained a large monetary award against TRN.  Daniel has represented author Terry McMillan, actor Al Pacino and sued actor Mel Gibson for the assault on his girlfriend Oksana Grigorieva winning her case and protecting her against extortion charges as well !

He worked with the Nation’s Leading Political Lawyer, Martin Garbus on the “Cuban Five” case which helped President Obama re-open relations between Cuba and the United States.

Professor & Lecturer

Daniel Horowitz has been a law school trial law professor, a criminal law college instructor, a lecturer to attorneys, consultant for the leading criminal law book in California (California Criminal Law Practice and Procedure) and author of numerous law journal articles.

Defender of the 1st Amendment

Daniel’s defense of clients includes vigorous defense of freedom of the press.  He is partners with famed 1st Amendment attorney Martin Garbus in the 1st Amendment defense of reporters sued for going “undercover” to get the story.

Real Estate Trials

Daniel Horowitz & Carmela Caramagno are both licensed real estate brokers.  Their trial experience combined with their real estate experience makes them a formidable team at trial.

THE BUSINESS “CONSIGLIERE” TEAM

Daniel Horowitz & Michael Hassen, provide legal advice to entrepreneurial startups who are ignored by the big firms and misguided by small business firms that lack the big picture, billion dollar company dream.  The “Consigliere” concept means that as a risk taker, you have a friendly voice and a general advisor to help you steer clear of landmines or extract you from the unwelcome entanglements that slow your growth.   Our philosophy is simple.  We don’t want a piece of your dream, we want to  protect your dream as your trusted advisors.

Michael’s Main office is at 1991 North Broadway, Walnut Creek, California 94596. Daniel’s main office is at 3650 Mt. Diablo Blvd., Lafayette, Ca.

 

 

HIGH PROFILE CASES & NEWS COVERAGE

Noted author, Terry McMillan hired Horowitz to sue her ex for marital fraud.

 

Photo of grigorieva and horowitz and link to People Magazine article on settlementRussian pianist Oksana Grigorieva hired Horowitz to sue actor Mel Gibson for his physical assault against her.

 

 

 

 

 

 

 

 

 

 

 

 

Ratings and Reviews

10.0Daniel Horowitz
Daniel HorowitzReviewsout of reviews
Top 1 percent logo horowitz is a member of the national association of distinguished counsel
National Trial lawyers logo horowitz has been named a top 100 trial lawyer