We are a team of
former federal prosecutors


Meet the Team
Oberheiden Attorneys

Medicare Fraud Defense Law Firm Serving the Dallas Area

3131 McKinney Ave #600
Dallas, TX 75204
800-810-0259
(Meeting location by appointment only)
1-800-810-0259
Including Weekends

The Oberheiden & McMurrey, LLP is a team of former Dallas Department of Justice prosecutors and experienced health care fraud defense attorneys. We assist business owners, executives, physicians, distributors, and marketing groups that demand vigorous and effective defense strategies against allegations of Medicare Fraud, billing fraud, and illegal kickbacks. Our Firm combines the experience of recognized defense attorneys with the insights and contacts that several of our attorneys have obtained when recently serving the U.S. Attorney’s Office in Dallas, Texas. Together, we work as one team to assist our clients in civil and criminal health care investigations. Our clients include:

  • Home Health Care Centers
  • Hospice Care Centers
  • Physical & Occupational Therapy
  • DME & Device Companies
  • Hospitals & Surgery Centers
  • Pharmacies & Laboratories

Our clients are represented by accomplished and highly respected attorneys. Attorney Lynette Byrd served the U.S. Attorney’s Office in Dallas as a federal prosecutor in civil health care matters. Dr. Nick Oberheiden is a recognized health care fraud defense attorney and managing principal of Oberheiden & McMurrey, LLP. Our attorneys are local and appreciate the opportunity to help you.

What Is a Medicare Fraud Conspiracy?

Medicare Fraud cases allege conspiracies of false, excessive, or unauthorized services that may include billing for unnecessary or unperformed services and goods, certification and coding errors, as well as illegal kickbacks between referring physicians and health care businesses. More broadly, Medicare Fraud refers to the submission of false or fictitious claims to a governmental health care program. As such, Medicare Fraud may encompass wrongdoings that fall under the False Claims Act, the Anti-Kickback Statute, the Physician Self-Referral Laws (Stark Law), the Social Security Act, or the U.S. Criminal Code.

Quite often, the government charges Medicare Fraud as a conspiracy. In this context, a conspiracy can be described as the agreed plan of two or more individuals to defraud the government. Contrary to common perception, it is not required that all members of said conspiracies know each other, let alone communicated or interacted. Equally irrelevant is whether a co-defendant played a central or a minor role in alleged fraud scheme. The only thing that matters in a health care fraud conspiracy is that all co-defendants participated somehow, by implicit or explicit agreement and by conduct, to commit fraud.

Medicare Fraud Investigations in Dallas

Dallas business owners must understand that health care prosecutions in North Texas have been more widespread and more forceful than in other communities since the U.S. government declared Dallas a nucleus for health care fraud enforcement. Today, Dallas is home to the specialized Medicare Fraud Strike Force that unifies several federal task forces from the Department of Justice (DOJ), the Department of Health and Human Services (HHS), the Office of Inspector General (OIG), and the Federal Bureau of Investigation (FBI). The Dallas Medicare Fraud Strike Force currently targets home health care centers, hospice care centers, nursing homes, hospitals, pharmacies, toxicology and DNA laboratories, DME and medical devices companies, as well as physician syndications.

Clients interested in discussing their situations should speak directly to managing partner Dr. Nick Oberheiden. If your case is an emergency, you should not hesitate to call us immediately, including on weekends. All calls are free and confidential.

Defending Medicare Fraud Charges in Dallas

Prosecutions of Medicare Fraud in Dallas are at an all-time high and recent raids and prosecutions in Northern Texas demonstrate the need to be prepared for an aggressive defense plan. In addition to criminal fines and exclusion from government health care programs, targets of Medicare Fraud investigations stand to loose their freedom if convicted or as a consequence of pleading guilty in court. Federal statutes penalize health care fraud as follows:

  • Up to 10 years in prison for each count of Medicare Fraud
  • Up to 20 years in prison if the fraud resulted in serious bodily injury
  • A life sentence if the fraudulent Medicare practice resulted in the patient’s death.

Oberheiden & McMurrey, LLP approaches each case with the absolute goal to avoid criminal charges. Our team combines the experience of hundreds of health care investigations handled with the rare insights and the court room experience of former government attorneys in charge of health care fraud. We rely on three key defense elements.

  • Early Intervention. At the government and in private practice, we have seen how hesitation and ineffective defense strategies give prosecutors the time needed to build their case. Oberheiden & McMurrey, LLP intervenes right away. From the moment we are hired, we treat each matter as an emergency and immediately launch an effective defense plan: What is the case about? What prompted the investigation? Is the case civil or criminal? What is my exposure? Why am I under investigation? How can the issue be resolved? We strive to provide our clients these and many other answers within the first hours of our engagement.
  • No Guilt. The U.S. justice system places a heavy burden on the government to prove criminal misconduct. In fact, in order to be found guilty of health care fraud, the government must prove beyond a reasonable doubt the knowing and willful execution, or attempt thereof, of a scheme or artifice to defraud a health care benefit program such as Medicare. We rely on the U.S. Constitution and take this high burden of proof to the test. In fact, our experience with the health care industry tells us that the vast majority of health care fraud allegations stem from mistakes committed by unqualified or undelegated staff. We will demonstrate that your business did not conspire to knowingly and willfully defraud Medicare and that mistakes, if any, occurred with no criminal intent.
  • Profound Experience. We believe that effective defenses in health care fraud prosecution requires two key components: Profound familiarity with pertinent health care rules, regulations, billing codes, and certification requirements as well as superb negotiation and trial experience to educate and convince government and courts that the conduct in question did not violate the law. Oberheiden & McMurrey, LLP has a long history of successfully resolving health care fraud matters by convincingly introducing hidden, but applicable defenses and exceptions.

Call Oberheiden & McMurrey, LLP today to discuss your situations with our experienced attorneys. All initial consultations are free and confidential. You can call us directly or complete our contact form or contact us by sending an email.

Dallas & Texas Health Care Fraud Defense Attorneys

Oberheiden & McMurrey, LLP has successfully assisted clients in Dallas and Texas to defend against allegations of Medicare and Medicaid Fraud, Tricare Fraud, DOL Fraud, Anti-Kickback, the False Claims Act, and federal Stark Law. All our clients are represented by experienced attorneys with a demonstrated track record of health care law and government knowledge.

Nick OberheidenDr. Nick Oberheiden is the firm’s managing principal who has built a successful practice representing individual and corporate clients in civil and criminal health care prosecutions. Dr. Oberheiden has extensive experience with all relevant health care laws and he uses that advantage when negotiating positive outcomes for his clients.

Lynette ByrdLynette S. Byrd is a former Assistant United States Attorney (AUSA). Until recently, Ms. Byrd prosecuted health care fraud, Anti-Kickback violations, False Claims Act, and Stark violations on behalf of the United States at the U.S. Attorney’s Office in Dallas, Texas.

Call us now and speak to one of the experienced attorneys of Oberheiden & McMurrey, LLP. Have a former federal prosecutor from the U.S. Attorney’s Office in Dallas, Texas assess your case in a free and confidential consultation.

Our Success Stories

Oberheiden & McMurrey, LLP represents clients in Dallas who are under investigation by the Department of Justice (DOJ), the Department of Defense (DOD), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Office of Inspector General (OIG), the Medicaid Fraud Control Unit (MFCU), the Internal Revenue Service (IRS), or other task forces. We obtained the following case outcomes for our clients in recent health care fraud investigations.

Medicare & Medicaid Fraud:

  • Successful Defense of a Health Care Business against an Investigation by the Department of Justice and the U.S. Attorney’s Office for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Health Care Business against an Investigation by the Department of Health and Human Services for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Health Care Business against an Investigation by the Office of Inspector General and the FBI for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Marketing Company against an Investigation by the Office of Inspector General and the U.S. Attorney’s Office for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of Physician Syndication against an Investigation by the Office of Inspector General and the FBI for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Toxicology Laboratory against an Investigation by the Office of Inspector General for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Toxicology Laboratory against an Investigation by the Office of Inspector General and the FBI for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Physician against an Investigation by the Office of Inspector General for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Physician against an Investigation by the Office of Inspector General for Alleged Medicaid Fraud.
    Result: No Liability.

Tricare Fraud:

  • Successful Defense of a Physician Syndication against an Investigation by the Office of Inspector General and the FBI for Alleged Tricare Fraud.
    Result: No Liability.
  • Successful Defense of a Toxicology Laboratory against an Investigation by the Department of Defense for Alleged Tricare Fraud.
    Result: No Liability.
  • Successful Defense of a Toxicology Laboratory against an Investigation by the Office of Inspector General and the Department of Defense for Alleged Tricare Fraud.
    Result: No Liability.
  • Successful Defense of a Physician against an Investigation by the Department of Defense and the Office of Inspector General for Alleged Tricare Fraud.
    Result: No Liability.

Stark Law & False Claims Act:

  • Successful Defense of a Health Care Business against an Investigation by the Department of Health and Human Services Alleged Stark Law Violations.
    Result: No Liability.
  • Successful Defense of a Health Care Business against an Investigation by the Office of Inspector General and the FBI for Alleged Stark Law Violations.
    Result: No Liability.
  • Successful Defense of a Marketing Company against an Investigation by the Office of Inspector General and the U.S. Attorney’s Office for Alleged Violations of the False Claims Act.
    Result: No Liability.
  • Successful Defense of a Physician Syndication against an Investigation by the Office of Inspector General and the FBI for Alleged Violations of the False Claims Act.
    Result: No Liability.
800-810-0259
Including Weekends
Oberheiden & McMurrey, LLP
Serving Dallas, TX and Surrounding Areas
www.federal-lawyer.com
This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

IF YOUR FREEDOM IS AT STAKE

YOU SHOULD CONTACT US TODAY

Contact the Experienced Attorneys of Oberheiden & McMurrey, LLP Now for a Confidential Consultation

Contact Us Now
×