We are a team of
former federal prosecutors


Meet the Team
Oberheiden Attorneys

Defending Clients Against Grand Jury Subpeonas In Healthcare Cases

Categories: Criminal Law & Process

subpoena
Dr. Nick Oberheiden, Esq.
www.federal-lawyer.com
Direct: (214) 469-9009
1-800-810-0259
Call Us on Weekends

Generally speaking, healthcare fraud is prosecuted by prosecutors from the Department of Justice, the U.S. Attorney’s Office, the Department of Health and Human Services, or the Department of Defense, in combination with investigating agents from the FBI and the Office of Inspector General, among others. The targets of federal healthcare subpoenas are individuals and companies that are suspected of illegally processing claims or otherwise providing services to federally funded patients such as Medicare, Medicaid, Tricare, and federal workers’ compensation programs. Recently, our attorneys were hired to defend clients against OIG and Grand Jury subpoenas from the following healthcare industries:

  • Compound Pharmacies
  • Toxicology Laboratories
  • DNA Testing Facilities
  • Home Health & Hospice Centers
  • Business Owners
  • Healthcare Executives
  • Marketers

If you have received a Grand Jury Subpoena, an OIG Subpoena, or a target letter from the Department of Justice, you must contact an attorney right away to avoid criminal prosecution.

Why You Should Take Grand Jury Subpoenas Seriously

Grand Jury subpoenas are powerful tools in the weapon arsenal of federal prosecutors. Not only are they intrusive by requesting fundamental corporate documents and copies of communications between individuals of interest to the government, but grand jury subpoenas are, by definition, the last step before criminally indicting the defendant. Specifically, with request to federal healthcare fraud or a conspiracy to commit healthcare fraud, it is important to remember the gravity of that offense.

  • Healthcare fraud can be charged pursuant to 18 U.S.C. § 1347.
  • 18 U.S.C. § 1347 makes it unlawful to knowingly and willfully execute, or attempt to execute, a scheme or artifice to defraud a federal health care benefit program, or to obtain by means of false or fraudulent pretenses, representations, or promises any of the money or property owned by, or under the custody or control of, any healthcare benefit program in connection with the delivery of or payment for health care benefits, items, or services.
  • Penalties include criminal fines, incarceration of up to 10 years in federal prison per each count, or both.
  • Importantly, 18 U.S.C. § 1347 does not require actual intent. Instead, all the government has to prove is that a defendant should have known that a certain behavior is unlawful.

Avoiding Criminal Charges

Receiving a federal subpoena does not necessarily mean that a target will be indicted. Often, a quick and sophisticated response to the subpoena can defeat criminal charges. By contrast, not responding or providing an inadequate response to a grand jury subpoena will almost certainly result in criminal charges.

  • Our attorneys have a long and distinct track record of avoiding criminal charges in federal healthcare investigations. Avoiding federal indictments, criminal prosecutions, and incarceration are our absolute top priorities.
  • We have repeatedly convinced the government that errors possibly committed did not call for criminal prosecution. This strategy has allowed us to conclude OIG and Grand Jury investigations against physicians, marketers, and healthcare executives without recourse to criminal prosecution.
  • As a general rule, the sooner a potential subject or target of a government investigation receives appropriate guidance from experienced attorneys, the higher the chance to resolve the issue out of court.

Recent Results

The attorneys of Oberheiden & McMurrey, LLP have a national reputation for successfully representing physicians, business owners, and healthcare companies in OIG and Grand Jury investigations. Clients that we represented approached us from across the country, including but not limited to California, Oregon, Colorado, North and South Carolina, Texas, New Jersey, New York, Mississippi, and elsewhere. With many cases pending, this is our track record:

  • Grand Jury Investigation against Physician for Healthcare Fraud.
    Result: No criminal prosecution, license maintained.
  • Grand Jury Investigation against Physician for Healthcare Fraud.
    Result: No criminal prosecution, license maintained.
  • Grand Jury Investigation against Physician for Healthcare Fraud.
    Result: No criminal prosecution, license maintained.
  • Grand Jury Investigation against Physician for Healthcare Fraud.
    Result: No criminal prosecution, license maintained.
  • OIG Investigation
    Result: No criminal liability, case dismissed.
  • OIG Investigation
    Result: No criminal liability, case dismissed.
  • OIG Investigation
    Result: No criminal liability, case dismissed.
  • OIG Investigation
    Result: No criminal liability, case dismissed.
  • OIG Investigation
    Result: No criminal liability, case dismissed.

If you are a target of a healthcare fraud investigation, you should seek legal advice immediately. The attorneys at Oberheiden & McMurrey, LLP offer you a free and confidential case assessment. Benefit from speaking to our former prosecutors and find out what needs to get done in your case to avoid charges or licensing revocations.

We Can Help You

The attorneys of Oberheiden & McMurrey, LLP are among the country’s most demanded healthcare fraud defense attorneys. Clients from across the country trust our experience when it comes to government investigations, Tricare fraud allegations, and healthcare fraud defense. Our track record speaks for itself.

Dr. Nick Oberheiden (nick@federal-lawyer.com) has successfully defended healthcare executives, physicians, and pharmacies against kickback, prescription fraud, false claims, and fraud allegations before the Office of Inspector General (OIG), Department of Justice (DOJ), Department of Defense (DOD), IRS, FBI, DEA, and other agencies.

Lynette S. Byrd (lsb@federal-lawyer.com) focuses her practice on civil and criminal litigation, Medicare and insurance audits, and general advice and counseling in health care law. She is a former Assistant United States Attorney with years of substantial trial experience under her belt who merges excellent litigation skills with profound understanding of the law.

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.

×