Applicants’ Attorney Jon Woods Held To Answer To The Charges For Workers’ Compensation Fraud After Preliminary Hearing In Orange County Superior Court.
By Lonce Lamonte - March 22, 2018
Judge Richard Oberhalzer, who presided over the preliminary hearing for the past five weeks for workers’ compensation applicants' attorney Jon Woods in Orange County Superior Court, ruled yesterday that Woods would be held to answer to the charges. 25 counts plus enhancements will be charged in the Information which will be the charging document now that the Preliminary Hearing has transpired. Four charges, counts 8, 10, 12, and 23 were cited by the judge as suffering from insufficient evidence, however they will stay in the Information and the defendant will be charged with them, according to the prosecution.
The charges the court held had insufficient evidence pertain to Labor Code section 139.32 which demands attorneys in workers’ compensation must disclose any financial interest they have in any business to which a client is referred. Judge Oberhalzer indicated any financial interest was too vague and unclear. Count 25 had already been earlier dropped because the insurance carrier did not produce the paperwork.
The Honorable Richard Oberhalzer: I have reviewed the evidence, testimony of witnesses, arguments of counsel. We’re here to state if there’s enough evidence. The court has a strong suspicion the crimes were committed. Although it is not convincing beyond a reasonable doubt, the evidence is enough.
The court noted billing 10 (subpoenas) for a single applicant employee, which is normally three. This was enough to notify the defendant of what was happening. The evidence should have put the defendant on notice. The intent to defraud was present.
It doesn’t have to be beyond a reasonable doubt. The defendant will be heard to answer to the charges.
Jon Woods is the first lawyer from this Justicia Legal case, filed in June 2017, to get to a preliminary hearing. This is a prosecution of a criminal organization led by cappers Carlos Arguello and Edgar Gonzalez. Seven out of the nine attorneys charged were charged in separate complaints. Rony Barsoum and Jorge Reyes were charged together. Fari Rezai, Dennis Fusi, John Jansen, Lionel Giron, Payman Zargari, Robin Jacobs, and Robert Slater have been charged individually.
The conspiracy spun around and heavily weighed in on photocopy services. USA Photocopy, that was owned by Edgar Gonzales, dominated its contracted lawyers by moving into their offices, going through their files, and issuing subpoenas. Teena Barton, SIU investigator from ICW Group in San Diego, who testified on March 8th, saw the explosion.
SIU Investigator Teena Barton: There was this manic billing from these copy services.
Insurance Company of the West SIU investigators (from left to right) Tracy Crates and Teresa Chandler turn around when called to from the cross walk in front of Orange County Superior Court on Tuesday, March 20th 2018. This was the first day of closing arguments in the preliminary hearing for applicants' attorney Jon Woods. photo by Lonce Lamonte, all rights reserved
Prosecutor Noorul Hasan argued before the court that Carlos Arguello and Edgar Gonzalez decided which doctors would be used, which DMEs, which pharmacies, and of course which photocopy services, and they were getting a percentage. She said she agreed with a statement defense attorney Richard Wynn had made the day before.
Noorul Hasan: … counsel said yesterday, “My client is a lawyer and he knows right from wrong.” He chose wrong. They’re being subpoenaed in his name. If everything was approved by defendant, how do you explain this manic billing?
Noorul Hasan was asked by this writer how she felt at the end of the prelim.
DDA Noorul Hasan: Good. This was a lot of work. 40 witnesses. 200 exhibits. Five weeks. The first warrant was in 2015. This was a long time coming.
lonce@adjustercom.com
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