Daniel Horowitz has a remarkable life and career. At age 16 he booked the band Fleetwood Mac to perform at a local University. He started his own audio/video company when he was at Hampshire College and he graduated with a degree in writing.
After college Horowitz went to law school, first at Boston University and then to Southwestern University in Los Angeles. His classmates included Marsha Clark of O.J. Simpson fame and television journalist, Jean Casarez.
His colorful legal career took off early. His first clients included the Mitchell Brothers, pioneers of the adult entertainment industry. He signed up for the California Appellate Panel sponsored by the Court of Appeal and his first assigned case was (by chance), the highest profile case in California.
Daniel set up a private practice in the city of Oakland, located in Alameda County, California. Oakland had (and sadly still has), one of the highest homicide rates in the country. Many of these criminal cases went to trial and in a very short time, Horowitz had handled dozens of murder cases. This qualified him to become the youngest person ever to qualify on the Alameda County death penalty panel. In 1993 Daniel was certified by the State of California as a Criminal Defense Specialist. Only a few hundred criminal defense attorneys have that certification.
Meanwhile, high profile cases and clients followed Horowitz. He gained a reputation for taking to tough cases that seemed impossible to win. He obtained a trial verdict of $865,000.00 for a court interpreter for the deaf who was raped by an Oakland Police officer. Until Horowitz took and won the case, the police department had rejected the interpreter’s report of rape and had maintained the officer on the police force.
A few years later, 60 Minutes featured another of Horowitz’ cases. This one was against the Oakland Housing Authority police force. Horowitz represented 41 citizens who had been robbed, beaten or falsely accused of crimes by this rouge police department. Horowitz’ work on this case led to the arrest of four of the officers and a civil recovery in the millions for Horowitz clients.
Horowitz developed a reputation for creative lawyering. He pioneered new motions including those that later led to major changes in the law. His hybrid state/federal "Pitchess" motion, led to a flurry of similar motions that argued that police agencies and prosecutors had an obligation to disclose misconduct by police officers. His recent work in "People v. Gardner" changed the way death penalty cases are funded.
When the Scott Peterson trial grabbed the nation’s headlines, Horowitz was recruited by CNN and MSNBC to be a legal commentator on the case. He was a regular on the Nancy Grace show and on the Abrams Report. When Nancy Grace got her show on HLN, Horowitz was a guest four of the first five shows and he is a regular on the program to this day.
The major cases were now coming to Horowitz on a regular basis. He spent two months in Ukraine, Turkey, Canada, Cyprus, Israel and The Netherlands when he represented former Prime Minister of Ukraine, Pavel Lazarenko in defense of White Collar criminal charges. Horowitz actually questioned witnesses in courts in Israel, Cyprus and The Netherlands.
When Michael Jackson was on trial in Santa Maria, California, Horowitz was there, covering the case as a legal commentator for MSNBC. His "mock" closing argument done for the Abrams Report, can still be found on line.
In 2005, Horowitz was in trial yet another own high profile case, that of Susan Polk, a suburban housewife accused of murdering her psychiatrist husband. The trial was underway when tragedy struck. The brutal killing of Daniel’s wife Pamela ended his life as he had known it.
The trial ended in a mistrial and Horowitz stopped working, literally living in a daze. Over time, he resumed his career, continuing with a single case that he had taken before Pamela’s death.
That case was a landmark one. The insurance industry had lobbied for the arrest of dozens of chiropractors for performing a technique of chiropractic manipulation that the insurance companies did not want to pay for. They convinced one rogue prosecutor’s office to charge this type of procedure as a crime ! (They argued that these Manipulations Under Anesthesia were outside the scope of chiropractic medicine and in the realm of medical doctors.) Horowitz took the case to trial and the jury hung 10-2 for acquittal. Charges against his client were dropped and plans to arrest dozens of chiropractors were abandoned.
Since that time, Horowitz has represented police officers in San Francisco in the famous "Videogate" case which pitted the First Amendment right of police officers to make a comedy video for a Christmas party against the Mayor of San Francisco’s desire to politicize the issue to benefit his planned campaign for Governor.
Daniel is known as a Libertarian but he has represented conservative talk show host Michael Savage in a variety of First Amendment cases including attempts by groups to silence him and to censor the content of his show. He represents David & Chris Gaubatz, the authors of the book the "Muslim Mafia" in another First Amendment case.
He represents Nick Prugo, the young man caught up in the so-called Hollywood "Bling Ring" case, where the homes of celebrities were targeted for burglary by teenagers.
Horowitz represents singer and songwriter, Oksana Grigorieva in her epic battle against Mel Gibson in the custody case involving their young daughter. He has represented Rachel Uchitel in her dispute with the New York Post over an article that she alleged mischaracterized what she had said.
Horowitz’ White Collar practice has blossomed and in recent years he has represented over a dozen business people and physicians in cases that often arise because governmental agencies are seeking to find political scapegoats. One case involved a medical professional who treated an undercover police officer who tried to get her to falsify medical records. She "fired" the patient and did not bill for the services. Despite acting properly, she was arrested. Horowitz got all charges dismissed, just before trial.
In 2011, Horowitz and Fox News commentator / lawyer, Robert Massi, settled a truck vs. motorcycle wrongful death case where they were co-counsel for the family of the victim. Also in 2011, Horowitz was recruited to handle the trial of an alleged leader of the notorious MS-13 prison gang. He recently obtained a $ 2 million dollar award of damages and fees for a worker who had been wrongfully terminated for exposing fraud in a state office.
Horowitz continues to be in trial on a regular basis. He has a team of lawyers and paralegals who handle a lot of his work but he still has time to give personal attention to every case.
All charges that Horowitz worked on in this money laundering, interstate transportation of stolen property case were dismissed. The case took Horowitz to Ukraine, Israel, Canada, Turkey, The Netherlands and Cyprus. This is the Order where most of the charges were dismissed.
One day you are a medical professional in a billing dispute with an insurance company. Then ... without warning ..... your license and your practice is at risk. You are under investigaton, the licensing board has been contacted, your life has changed - forever.
You can say "I'm not Bernie Madoff" a hundred times but the investigation does not go away. You thought that white collar crime was a moniker reserved for criminals (like Madoff!) but now you realize, that unless you win, white collar crime refers to you. As for the presumption of innocence, well everyone you meet will say that they believe you are innocent, but most don't. There is an overwhelming presumption that if you are arrested you must be guilty of something.
How does this happen? How do honest medical professionals fall into the black hole of a criminal prosecution?
Cost cutting in the medical field is part of the reason. Most criminal prosecutions of medical professionals are instigated and guided by Insurance companies.
As you know, Insurance Companies already try to dictate treatment. Reimbursement schedules, disputes over proper coding, delays in payment, reclassifying expensive procedures as "experimental" or "unproven", all lead to conflict between the insurance company fraud division and the practitioner.
For example, a dermatologist might purchase equipment to perform procedures that are approved for payment by the insurance industry. The physician invests a small fortune in the equipment, staff training and advertising. A year later, the insurance industry reclassifies the procedure and won't pay. If the physician keeps treating and billing, some carriers might just refuse to pay. Others might claim that there is fraud because the physician is billing for a procedure that is unproven. When the physician asserts that the patient was cured by the treatment (or substantially improved), the insurance carrier may claim FRAUD. The fraud would include the obvious, the claim that the patient really didn't improve. But it gets worse ! The carrier might claim that the initial diagnosis was fraudulent, that the procedure wasn't needed and the physician is a criminal.
The insurance carrier then shops the case to various prosecutor's offices. The case may be rejected many times but it only takes one unsophisticated prosecutor to buy the insurance company sales pitch. Once bought, charges are filed, medical offices are raided, a physician is arrested in his home and an innocent physician, a completely innocent physician, finds himself being booked, fingerprinted, and calling a bail bondsman from a small jail cell.
At that point, even if we win the case, the insurance company has won. Other physicians get the message. When the insurance company says "jump", you jump. If you don't, your life can be ruined.
THE BEGINNING OF THE END OF THE MEDICAL PROFESSION AS WE KNOW IT.
CONTRA COSTA TIMES ARTICLE 9/29/2013 by Matthias Gafni on People v. Coby Phillips. This is a jury trial that Horowitz completed in 2012. The jury hung, leaning toward acquittal on 2 of 3 counts. The charges were Conspiracy to Commit Murder, Conspiracy re: Attempted Murder and a major narcotics conspiracy.
Scott Dyleski scottdyleski.org pamela vitale dyleski
Criminal Defense Specialist certified by the State of California handling criminal charges against professionals including .... White Collar Criminal Defense Medical Fraud Medical-Legal Financial Crimes Business Crimes White Collar Defense Stock Fraud Defense Money Laundering Finance Fraud Medical Billing Crimes Civil/Criminal Business Cases Accounting Fraud RICO Conspiracy Wrongful Death Serious Felonies Homicide Murder Death Penalty Medical licensing Theft Embezzlement Tax Evasion Financial Irregularities CPT Code Billing Fraud Insurance Fraud Business & Professions Code 550 Defense Business & Professions Code 650 Defense Stock Fraud Business lawsuits with criminal aspects Other White Collar Criminal Defense Cases - Financial Business related cases wire fraud mail fraud business fraud customs violations - This office does not represent defendants in sex cases, child molest or crimes against the security of the United States, white collar criminal defense. This office has legal teams providing white collar crimes defense with an emphasis on San Francisco, Oakland, Contra Costa County, Stockton, Los Angeles and the San Francisco Bay Area. The office handles federal cases in most jurisdictions and we associate with attorneys licensed in New York and Hawaii. Horowitz law firm, white collar criminal defense lawyers with offices in Lafayette, California; Stockton, California; serving the state of California and working with associate attorneys in many other states including New York, Hawaii and Nevada. Mailing address: 3650 Mt. Diablo Blvd. Suite 225, Lafayette, California 94549
Criminal Defense Lawyers in Lafayette (925) 283-1863