BENNETT LAW FIRM, P.C.
Attorneys and Counselors at Law

 
 


CRIMINAL CASES

The Bennett Law Firm has been involved in corporate, white-collar, and criminal prosecution and defense since 1973. The matters and trials in which the Firm’s attorneys have been involved include the following:

          Daniel Yeh Case

  • After the Plea:  What's Next for Flagship Hotel Owner?                                                 Daniel Yeh, the owner of the Flagship Hotel in Galveston, will find out next February what sentence he will face after a judge accepted his guilty plea on Friday, September 28, 2007, for filing a false claim in connection with a FEMA investigation. At his plea hearing in federal court in Galveston, Yey pled guilty to one count of filing a false claim with the federal government related to FEMA Hurricane Katrina and Rita relief. The government has agreed to dismiss all the remaining counts of the Indictment against Yeh at his sentencing hearing, which is set for February 1, 2008, before U.S. District Judge Samuel Kent. Faced with the possibility of a maximum of five years in prison, what is Yeh going to do now?

    This case has had a long history. Since December 2005, when armed federal agents entered his home and seized his computers and business records, Yeh’s defense team has proclaimed that Yeh was mentally incapacitated because of the giant tumors that formed in his brain. Yeh had surgery to remove a brain tumor in March 2006. A competency hearing was held in federal court in Galveston in the summer of 2006, and at that time two federal judges determined that Yeh was not legally competent as a result of his giant brain tumors, adopting the opinion of court appointed forensic psychiatrist Dr. Victor R. Scarano, M.D., J.D., that Yeh was presently mentally incompetent to the extent that he was unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense. 

    Following this court finding of incompetence, one federal judge ordered Yeh to be taken into federal custody for treatment and evaluation at a prison hospital. Following four months at a prison hospital in Butner, North Carolina, prison doctors reported to the court that Yeh’s competency had been restored, and he was now able to assist properly in his defense and proceed with trial.

    Last Friday, Yeh pleaded guilty to one count of filing a false claim in a plea agreement with the government, which was filed in U.S. District Court in Galveston. In exchange for his plea of guilty to one count, the government has agreed to move to dismiss all thirty-eight remaining counts at Yeh’s sentencing hearing. During the plea hearing, U.S. Magistrate Judge Froeschner asked Yeh if he understood the charge. Yeh responded in the affirmative, and enter a plea of guilty to Count twenty-four of the Indictment.

    Yeh understands the nature of the charge against him and understands the consequences of his action in pleading guilty to one count of filing a false claim. He accepts responsibility for his actions, and expects to be sentenced in early 2008. Although Yeh is now considered “competent” to assist in his own defense and knowingly waive his rights and plead guilty, as that term is understood in a legal context, he has not been “cured” of his disability, from a medical standard. Recurrent brain tumors cannot be cured. But he has accepted responsibility for his actions and acknowledges his guilt. And now it is up to the judge to fashion a sentence that is sufficient but not greater than necessary, as punishment for his crime.

What Yeh will be doing next through his counsel is preparing documents and written

material to allow the sentencing judge to consider probation or the lowest possible range of   punishment allowed. Due to the debilitating and continuing nature of his illness, a complete lack of any previous criminal incidents, the return of all payments made, the full and complete cooperation  with the authorities, and the impossibility of any type of reoccurrence of a similar criminal activity. Mr. Yeh appears to be an ideal candidate for a fully probated sentence.

For questions, please contact Robert S. Bennett at 713-225-6000 or bbennett@bennettlawfirm.com.

 

  • Daniel Yeh Case: Department of Justice Continues to Prosecute Man Found Incompetent. Daniel Yeh, owner of the Flagship Hotel in Galveston, is accused of Federal Wire Fraud and False Claims as a result of alleged fraudulent billing to FEMA’s Housing Reimbursement Program. For more information, click here.

             Press Release - Can't the Chronicle Get a Correction Correct? - 10/3/07

             Correction Statement - Hotel Owner Pleads Guilty to Katrina Scam - 10/2/07
              Reprint With Corrections - Hotel Owner Pleads Guilty to Katrina Scam - 10/2/07

             *Original Article - Hotel Owner Pleads Guilty to Katrina Scam - 9/29/07
             Court Order Denying Status Review Hearing - 2/5/07
             Response to Defense Motion for Status Review Hearing - 2/5/07
             Motion for February 9th Status Hearing - 2/2/07
              Defendant Motion for Status Review Hearing - 1/26/07
                This ‘justice’ is not fit to stand a trial, By Bob Bennett, The Daily News. 1/16/07
                 Opinion and Order - 9/28/06
               Flagship operator not competent for trial, By Laura Elder, The Daily News. 8/29/06
               Report and Recommendation - 8/15/06
               Judge rules Yeh not competent to stand trial, By Scott E Williams, The Daily News. 7/22/06
               Psychiatrist:  Yeh not fit to stand trial, By Scott E Williams, The Daily News. 7/21/06
               Two Doctors Appointed in Flagship Fraud Case, By Scott E Williams, The Daily News. 5/6/06
               Prosecutors don't oppose psychiatric exam, By Laura Elder, The Daily News. 3/21/06
               Flagship operator charged with fraud, By Laura Elder, The Daily News. 3/3/06
               Federal grand jury indicts Flagship operator, By staff reports, The Daily News. 3/2/06

 __________________________________________________________________________________
 

  • Defense of physicians involved with alleged kick-back conspiracy between physicians and pharmaceutical manufactures.

  • Trial of a San Antonio cattle company and its executives for violations of Packers and Stockyards Act.

  • Prosecution of numerous transportation companies and their employees for criminal violations of  Interstate Commerce regulations.

  • Investigation of a San Antonio oil investment and securities firm and its officers for wire and mail fraud.

  • Trial of the President-Certified Public Accountant of a Houston photocopying company and other corporate officials for criminal RICO and currency violations. Corporate comptroller was acquitted after an eight (8) week trial.

  • Federal Grand Jury investigation and defense of a Houston bank official for criminal RICO and currency violations involving Mexican funds.

  • United States Attorney investigation and preliminary hearing of an oil field service company and a corporate employee for involuntary manslaughter involving an automobile accident.

  • Federal Grand Jury investigation and defense of officials of a commercial ship-cleaning operation for bribery of a ship agent to increase business. Indictment dismissed against officials.

  • Investigation and defense of a Houston Certified Public Accountant who allegedly embezzled over one million dollars ($1,000,000) from a client and a federal bank.

  • Investigation and defense of a federal contractor’s employee for preparation of false documents.

  • Secret Service investigation of a professional athlete for possession of counterfeit monies, in which case the jury retuned a verdict of not guilty.

  • Investigation and defense of federal tax violations of multi-million dollar Houston manufacturer.

How your client can say he wasn't arrested, when he was By Robert S. Bennett (PDF 520KB)

Foreign Corrupt Practices Act & What Corporate Counsel Should Know (PDF 106 KB)

Tapes and Transcripts in Federal Court
By Robert S. Bennett.  The TEXAS BAR JOURNAL, April 1979.

Criminal Corporate Liability and What the Texas Attorney Should Know
By Robert S. Bennett.  TRIAL LAWYERS FORUM.  Vol. 22. No. 4, 1988

 

page counter
 

 

State Bar
of Texas

BENNETT LAW FIRM
515 Louisiana, Suite 200
Houston, Texas 77002

Telephone: (713) 225-6000
Facsimile:  (713) 225-6001
contactus@bennettlawfirm.com

Texas Board
of  Legal Specialization

 
  Site Meter