Margolin & Lawrence Attorneys at Law Deny There Is Any Basis For Allegation For ‘Mafia Ties’

Our law firm, MARGOLIN & LAWRENCE represents Mykhailo Malenkov in the cases currently prosecuted in Santa Clara County. Facts will reveal that Mykhailo Malenkov’s company provides marketing and administrative services for small businesses, including medical offices with licensed physicians. Prosecutors have accused Mr. Malenkov of unlawfully practicing medicine in violation of Business and Professions Code § 2052(a) and (b), which prohibits the unlicensed treatment or diagnosis of patients. We look forward to the opportunity to defend against these patently untrue allegations in a court of law. 

In accordance with Rule of Professional Conduct 5-120(C), and in response to recent news reports and allegations by Medical Board Investigator Ralph Hughes, we wanted to raise the following points that Medical Board Supervising Investigator Victor Sandoval admitted in sworn testimony at a December 4, 2014 hearing in the pending criminal case. 

• Mr. Malenkov has never held himself out as a physician.
• There is no evidence that Mr. Malenkov saw or treated any patients. 
• There is no evidence that Mr. Malenkov had any input in the treatment of patients, or that he made any recommendation to any doctor as to how to treat patients.
• As part of the Medical Board investigation, patients of the clinics were interviewed.  None of the patients complained about the quality of medical care they were receiving, and none said they had been defrauded or ripped off by the clinic. 
• There were no reports of any patients getting sick or having adverse health effects after going to these clinics. 
• There are no documents showing Mr. Malenkov or anyone else receiving improper payments. 

Despite claims in the media, to date no evidence has been produced to show Mr. Malenkov has ties to organized crime or Ukrainian criminals, or that money was sent or received from overseas. Moreover, the ongoing insinuation that Mr. Malenkov has ties to criminal Ukraine organizations appears to be rooted in an interest in stirring up xenophobia to further anti-Ukrainian sentiment. We remain extremely concerned these unsupported claims damage Mr. Malenkov’s reputation and endanger his safety. 

Under the law, Mr. Malenkov is entitled to receive pay commensurate with the value of services that he performs on behalf of doctors’ offices, whether his pay is based on a percentage of gross revenue or any other type of arrangement. See, e.g., Business and Professions Code § 650(b).  The Ninth Circuit Court of Appeals has held that physicians have a First Amendment right to recommend medical marijuana. Conant v. Walters, 309 F.3d 629 (9^th Cir. 2002).  In addition, the California Medical Board has rigorous guidelines for physicians on recommending medical marijuana, and there is no evidence that any of these doctors violated any of the guidelines. 

In many circumstances, it is unethical for attorneys – including prosecutors and their agents – to publicly comment on disputed issues of material fact. We are, however, permitted to provide information to dispute public statements that have been misleading. The media, doctors’ communities, and the public should refrain from making any judgment about the facts in controversy, and what is happening inside these private offices, and allow the safeguards of due process to determine the outcome of this case. 

Our aim has never been to restrain the media from reporting on a subject of interest. We merely seek to prevent the continued misrepresentation of the evidence in order to ensure that Mr. Malenkov is not denied a fair trial and impartial jurors.  Allison B. Margolin, Esq.

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ATTORNEYS FOR MALENKOV DENY THERE IS ANY BASIS FOR ALLEGATION THAT HE OR BAY AREA MEDICAL MARIJUANA CLINICS HAVE ‘MAFIA TIES’