We are a team of
former federal prosecutors


Meet the Team
Oberheiden Attorneys

Avoiding Criminal Charges in Home Health Care Fraud Investigations

Categories: Health Care Fraud

healthcare fraud

 

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

Oberheiden & McMurrey, LLP has a distinguished reputation for representing home health service providers facing federal investigations for healthcare fraud.  Our team of former federal healthcare fraud prosecutors and experienced defense attorneys understands the investigative process, the risk factors and the defense possibilities and we use that knowledge to protect our clients from criminal charges.

Oberheiden & McMurrey, LLP

Our Healthcare Fraud Defense Group is headed by Lynette Byrd and Dr. Nick Oberheiden. Lynette Byrd is a former Assistant United States Attorney with extensive experience in civil healthcare prosecutions. Dr. Nick Oberheiden is a healthcare fraud defense attorney and managing principal of Oberheiden & McMurrey, LLP.

Civil v. Criminal

The first step in avoiding indictments, criminal prosecution, and incarceration is to determine whether the investigation is civil or criminal in nature. The distinction may not be obvious; for example, the involvement of the U.S. Attorney’s Office does not necessarily mean that the investigation is criminal.  In reality, about one third of all healthcare prosecutors are tasked to only investigate civil matters. However, our years of experience on both sides of healthcare fraud cases help us read between the lines of the investigation to decipher the government’s investigative goals.  We know what indications to look for when dealing with federal investigators. By analyzing such factors as those above, we are able to discern the type of charges at issue early on in an investigation.  By detecting the government’s intentions early, we are able to help equalize the playing field with the investigators and we can develop and implement a defensive strategy for our clients.  Thus, the sooner we are involved in the case, the more likely we will be to thwart potential criminal charges.

Aggressive Defense & An Understanding of the Certification Rules Can Avoid Charges

In order to convict a defendant on criminal fraud charges, the prosecutor must prove, beyond a reasonable doubt, that the defendant intended to commit the fraud.  In other words, a person will not be guilty of healthcare fraud as the result of making an innocent mistake.  Federal prosecutors know this, and therefore they are much less likely to bring criminal charges against someone if their investigation questions whether the defendant intended to commit fraud.

A critical part of Oberheiden & McMurrey, LLP’s defensive strategy is to demonstrate — early on — to law enforcement that any errors committed by our client were inadvertent and unintentional, if at all.  Even in situations where systematic billing errors have occurred or suspicious financial relationships have existed, we have succeeded in convincing the government that our clients’ actions were not taken with fraudulent intent. To date, we have concluded large numbers of investigations of physicians, physician syndications, marketing groups, business owners, and healthcare executives without recourse to criminal prosecution.

What makes Oberheiden & McMurrey, LLP different is our precise understanding of healthcare laws mixed with our trial experience. Many of our attorneys previously served the Department of Justice in leading healthcare positions and understand the thought process within the government when investigating home health care centers. Additionally, we have proven in a great number of healthcare matters that we master the rules applicable to home health care centers that are often a vehicle for investigation, such as certification and recertification decisions, billing practices, and homebound requirements.

As mentioned, many of our attorneys previously served in leading government positions in charge of civil and criminal healthcare fraud investigations. This distinct background of our attorneys, combined with our years of successful defense practice, allows us to understand precisely what the rules are when it comes to certifications, re-certifications, homebound requirements, and similar home health assessment standards.

Our Track Record

Oberheiden & McMurrey, LLP has represented clients in dozens of False Claims Act, Anti-Kickback, Medicare Fraud, Tricare Fraud, and Stark Law investigations across the United States. The attorneys of Oberheiden & McMurrey, LLP have handled the following matters, among others:

  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • False Claims Act Investigation
    Result: No civil liability, no criminal charges.
  • False Claims Act Investigation
    Result: No civil liability, no criminal charges.
  • False Claims Act Investigation
    Result: No civil liability, no criminal charges.
  • Stark Law Investigation
    Result: No liability, case dismissed.
  • Stark Law Investigation
    Result: No liability, case dismissed.
  • Stark Law Investigation
    Result: No liability, case dismissed.
  • Stark Law Investigation
    Result: No liability, case dismissed.

Free Consultation

If you are being investigated for home health fraud, you should immediately contact the experienced attorneys at Oberheiden & McMurrey, LLP. Get a free and confidential consultation and benefit from talking to former federal and state prosecutors and seasoned litigators.

Oberheiden & McMurrey, LLP
(800) 810-0259
(214) 469-9009
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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