People v. MA
Sep 15, 2014OUTCOME: NOT GUILTY
The California Attorney General’s Office, Bureau of Fraud and Medi-Cal Elder Abuse conducted an investigation at a local nursing home regarding falsification of medical records and forgery with the int ... ent to defraud Med-Cal. The investigation was triggered from the facility’s annual re-certification survey that resulted in several counts being filed against two Restorative Nursing Assistants (also referred to as CNAs). A total of seven counts were filed against the two RNAs alleging: 1) Falsifying a Medical Record, in particular the ADL Flow Sheet and Restorative Nursing Weekly Summary, in violation of Penal Code 471.5; 2) Forgery in violation of Penal Code 471; and 3) Resisting, Obstructing and Delaying a Special Agent from the Department of Justice in violation of Penal Code 148(a)(1). Anthony Brooklier and Arthur Khachatourians vigorously represented the co-defendants showing that the documentation errors were trivial, innocent mistakes, and no motive or intent to falsify the medical records existed. Arthur Khachatourians and Anthony Brooklier thoroughly cross-examined the state surveyor and showed to the jury that the patient’s health drastically improved as a result of the care and services provided by the employees at the nursing home. After the People rested, the Judge dismissed the counts with respect to Penal Code 148(a)(1). The remaining issues were left to the jury to decide. After a six days of trial, a Los Angeles jury found both Defendants NOT GUILTY on all counts.
