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Lexington Criminal Defense And Family Law Blog

Dividing a business in a Kentucky divorce

The divorce process is quite complex, and it is important to understand the various aspects of it. For divorcing parties who own a business together, there are additional aspects to consider.

To complete the divorce properly and efficiently, it is beneficial to understand the steps one must take. In regards to the division of a business during divorce, there are a few key steps in the process.

Chain of custody important in case of money laundering

The war on drugs and related illegal activities is an ongoing one in Kentucky and around the nation. A recent case out of Lexington has implicated a couple in a money laundering scheme connected to alleged drug activity. The investigation leading to the arrests began in 2016.

The couple, a gentleman from China and the wife of a man who was previously convicted of drug trafficking, were arrested on suspicion of money laundering. Their case was recently heard in federal court. The two received sentences of up to five years.

Citizen call leads to charges for meth possession

The drug crisis on Kentucky is an ongoing one and citizens are doing what they believe is their part to help combat the crisis. There is no doubt that it is a real crisis and there are people in the state who are committing  drug crimes involving meth and other drugs. When people are arrested and charged with crimes they have the right to due process as guaranteed in the U.S. Constitution.

A recent anonymous call regarding possible drug activity at a home in the caller's neighborhood resulted in eight arrests of people found at the home with an assortment of drugs and drug paraphernalia. Five of the eight have prior criminal records. The remaining three were charged with possession of drugs and drug paraphernalia.

Employer failure to pay premiums may constitute fraud

If asked, many people in Kentucky would probably say that having health insurance is very important in their lives. They pay premiums and expect that the insurance will be there if they need it. A class action suit alleging fraud was recently brought against a now bankrupt hospital in the eastern part of the state.

The litigants are former employees of the hospital. They claim that the hospital withheld money from paychecks to cover the employee share of the premiums but failed to pay the insurance premiums. This resulted in the employees being personally responsible for millions of dollars in health care bills that they believed they had health insurance to cover.

Employment handbooks may include pregnancy accommodations

Finding out that she is expecting a baby can be one of the happiest moments in a woman's life. That is unless she fears losing her job if her employer finds out. A new law passed in Kentucky will serve to protect women against workplace discrimination in the event of a pregnancy. The law also stipulates that workplaces must make reasonable accommodations for pregnant and/or nursing mothers. These accommodations may be included in employment handbooks going forward to offer women a little more job security.

The law, known as the Kentucky Pregnant Worker's Act, details the responsibility of an employer to make appropriate allowances and accommodations for pregnant employees. These accommodations may include longer breaks and lighter duty if needed. The law also stipulates that nursing mothers have access to a private space other than a restroom.

Possible fentanyl distribution contribute to drug conviction

The opioid drug crisis continues to plague Kentucky and the nation as people continue to succumb to opioid overdoses. There are varying sources used to obtain illegal drugs and one recent case alleges that a pharmacist from Williamsburg was involved in illegally dispensing opioid drugs. Opioids include medications such as fentanyl, oxycodone and other powerful pain medications. The pharmacist was convicted, sentenced to more than six years in prison and must also pay a $5,000 fine.

The woman had operated the pharmacy from 2008 to 20018 when the charges were brought against her. She originally faced additional charges in connection with illegal drug distribution but was acquitted of them. The jury convicted her on seven charges of illegally dispensing prescription medications.

The far-reaching impact of a criminal conviction

If you get a criminal conviction, it can impact your life in various ways. Not only may you potentially face fines and jail time, but it may affect your employment, government benefits, finances and overall reputation.

Criminal convictions have far-reaching consequences that you may not know about. Here are some ways a criminal record can change your life.

Overly restrictive employment contracts impact retirement

People in Kentucky and all around the country are living longer and healthier lives. One of the results of this is that people look to continue working longer, either for personal or financial reasons. Until recently, a person retired from working for the State of Kentucky risked losing retirement benefits if he or she did not comply with employment contracts that stipulated the terms of re-employment following retirement.

These rules were spelled out in a law that stated that if a person participating in Kentucky Retirement Systems (KRS) did not receive clearance to accept a new position, all retirement benefits paid to date could be forfeited. This would apply regardless of how long one had been retired, and it did not matter if one was returning to work in government or in the private sector. Approximately 8,500 re-employment requests are received annually by KRS, or about 40 per day. Delays in processing them could result in lost job opportunities for retirees.

Question on medical billing in Medicare and Medicaid fraud

The elderly population is growing at a rapid rate in Kentucky and around the nation. As people age, health may deteriorate, and it can be difficult to know when a symptom is serious and when it is not. Doctors will often counsel patients to err on the side of caution and if there is any doubt to call for an ambulance. A case of Medicare and Medicaid fraud was recently brought against an ambulance company.

The company, in Breathitt County, was charged with transporting patients when their conditions did not warrant it. The case alleged that employees entered false information on claims in order to justify the transport. The owner of the ambulance company was fined $240,000 and sentenced to a year and a day in prison. The owner's wife and a manager of the company were both given probation for their alleged participation.

Accusation of healthcare fraud can be daunting

The first sound a pregnant mother hears from the child she carries is its heartbeat. The heart starts beating very early during gestation and continues beating until the end of one's life. As Kentucky's population ages, the business of keeping hearts healthy is a very important one. Cardiologists are instrumental in keeping hearts beating longer so people can enjoy longer and healthier lives. Tests and procedures are a fundamental part of the business, but the appearance of impropriety in administering them can lead to charges of fraud.

In a recent case, a cardiologist from the eastern part of the state was convicted of health care fraud. He was accused of performing unnecessary cardiac procedures. The doctor was a practicing physician at King's Daughters Medical Center in Kentucky. An anonymous complaint received by the hospital stated that the cardiologist was performing unnecessary procedures, which led to an investigation that resulted in the charges of alleged fraud.

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