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Oberheiden Attorneys

How To Avoid Criminal Penalties For Medicare Fraud In Miami, Florida

Categories: Health Care Law

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Dr. Nick Oberheiden, Esq.
www.federal-lawyer.com
1-800-810-0259
Including Weekends

Healthcare fraud investigations are generally brought by the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), the Department for Health and Human Services (HHS), the Office of Inspector General (OIG), and may include state Medicaid agencies, Medicaid Fraud Control Units, the Center for Medicare and Medicaid Service (CMS) and, in cities like Miami, the Health Care Fraud Prevention and Enforcement Action Team (HEAT).  Cases brought by these agencies may be prosecuted either civilly or criminally.

Criminal & Civil Liability

Criminal Charges

The largest and most aggressive prosecutions for healthcare fraud are brought as criminal prosecutions of the responsible individuals.  In such instances, the federal prosecutors may seize bank accounts, raid businesses and homes, cart away computers or written records, and, finally, secure indictments of owners, executives, or medical practitioners.  The United States Constitution ensures that such cases must be proved beyond a reasonable doubt and the individual’s rights to a jury trial, an attorney, and against unconstitutional searches and seizures must be upheld.  A federal district court will decide, either by judge or jury, whether or not the government has proven its case, by considering the prosecution’s evidence and arguments as well as those of the defense.  If convicted of federal healthcare fraud, an individual may face heavy fines as well as a prison term of up to ten years per count.

Civil Liability

In other cases, the target of the investigation will be subject to civil liability.  In these instances, a defendant may be responsible for recoupment, or repayment, of charges; subject to non-payment of future claims; fined up to $11,000 per false claim; excluded from federal healthcare programs; penalized with treble damages; and required to pay the attorneys’ fees of the government. While such liability is primarily sought against corporations and other business entities, responsible individuals may also face civil prosecution.  Note that for civil liability to attach, the government need not prove actual knowledge that the transaction was unlawful, let alone any specific intent to violate the law or defraud the government.

The Role of Experienced Healthcare Defense Attorneys

Through defending hundreds of healthcare fraud cases, we have learned that most allegations of fraud are the result of unreliable staff, negligence, lack of supervision of staff members, or confusion about the ever-changing healthcare rules.  However, the law is very clear:  civil liability may be imposed for such simple mistakes, but a criminal conviction cannot be the result of an unintentional error under the U.S. Constitution.  Oberheiden & McMurrey, LLP, again and again, has avoided criminal charges for our clients by persuasively demonstrating that the requisite criminal intent was not present.

In our eyes, every case is an emergency.  We start working for our clients the moment we are hired, and work non-stop to protect our clients and their healthcare businesses.  Within days, if not hours, the Oberheiden & McMurrey, LLP is typically able to answer your most important and urgent questions, such as:  what is the subject of the case?  What is the government seeking?  What is the range of potential outcomes?  Is there a chance I could go to prison?  How do we prove my innocence?  Once we have answered these questions, we can formulate the most effective plan of defense.

Our Success Stories

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

Medicare & Medicaid Fraud:

  • Successful Defense of a Healthcare 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 Healthcare Business against an Investigation by the Department of Health and Human Services for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Healthcare 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.

Free Consultation

If you have been notified, or suspect, that you are being investigated or audited by the federal government, or if you simply want to ask questions in a free and confidential setting, contact the experienced attorneys at Oberheiden & McMurrey, LLP today. Our senior attorneys are available seven days a week, including weekends.

Oberheiden & McMurrey, LLP
(800) 810-0259
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.
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