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Just like patients with acute chest pain should not go to a dentist for treatment, so should physicians and business executives not consult with just any lawyer when they find themselves in the middle of a federal healthcare investigation.
What Is a Federal Healthcare Investigation?
Purpose of a healthcare investigation is to recoup money from overpayments (civil remedy) or to prosecute individuals under federal criminal statutes (criminal remedy). Most healthcare investigations are led by federal agencies such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Office of Inspector General (OIG), the U.S. Postal Service, all with oversight and decision-making responsibility by the U.S. Attorney’s Office. Depending on the underlying accusations, investigations are specifically coordinated by the Department of Defense (Tricare Fraud), Department of Justice (Medicare Fraud), the Department of Labor/ U.S. Postal Service (DOL Fraud), and the Department of Health and Human Services (DHS).
The Meaninglessness of “Healthcare Lawyer”
Although many lawyers praise themselves as “healthcare lawyers,” the truth is that very few of them have ever directly negotiated a case with government lawyers or argued a healthcare fraud case before judge and jury in court. Healthcare lawyers are enormously helpful upfront when paperwork is needed to conceptualize a business model and to satisfy regulatory and corporate compliance; but their job is not to fix existing law enforcement problems.
In case of an expected or pending federal healthcare investigation, you need a lawyer that combines all features in one: profound familiarity with healthcare laws; a distinct and successful record of appearances before the Department of Defense, Department of Justice, and other agencies in healthcare investigations; superior negotiation skills; all the skillset expected from a trial attorney who can convince a federal judges and juries; a track record that evidences success stories in complex healthcare fraud cases.
Healthcare Fraud Defense Attorneys
Our attorneys have appeared before all healthcare-relevant agencies and government bodies— and we have built an impeccable track record. We routinely represent individuals and companies before the following agencies:
- Department of Justice, headquarters, Washington D.C.
- Department of Health and Human Services, headquarters, Washington D.C.
- Office of Inspector General, headquarters, Washington D.C.
- Centers for Medicare and Medicaid (CMS), headquarters, Washington D.C.
- Department of Justice, Various Cities Across the United States
- Department of Defense, Various Cities Across the United States
- Department of Labor, Various Cities Across the United States
- FBI, Various Cities Across the United States
- DEA, Various Cities Across the United States
- IRS, Various Cities Across the United States
- S. Secret Service, Various Cities Across the United States
Specifically, with respect to pharmacies and compound pharmacies, we have represented business executives, owners, staff, marketers, and physicians as follows:
- Compound Pharmacies, Fraud Investigation
- Compound Pharmacies, False Claims Act
- Compound Pharmacies, DEA Audits
- Compound Pharmacies, Regulatory Compliance
- Business Executives, Compound Investigations
- Business Executives, Marketing Groups, Healthcare Fraud
- Business Executives, Marketing Groups, Anti-Kickback Issues
- Physicians, Anti-Kickback Investigations
- Physicians, Stark Law Violations
- Physicians, Civil and Criminal Healthcare Fraud
- Owners & Staff, Compound Pharmacies.
Ask Your Attorney…
Individuals and companies accused of compound pharmacy fraud and similar violations need good attorneys. Providers and business executives under federal investigation should contact attorneys with a proven and nationally recognized experience in complex healthcare defense matters. Before you hire an attorney, you should ask some of the following questions:
- How many pharmacies have you represented so far?
- How many compound pharmacies have you represented so far?
- How many pharmacy investigations have you handled?
- How many of these pharmacy investigations ended in dismissals?
- How many of these compound pharmacy investigations ended in dismissals?
- How many Tricare investigations have you handled?
- How many of these Tricare investigations ended up being dismissed?
- How often do you work with OIG agents on healthcare cases?
- Do you work with FBI agents on a regular basis in healthcare cases?
- How many DEA investigations have you handled?
- How many of these DEA investigations ended in dismissals?
- How many DOL clients have you represented?
- How many of these DOL investigations resulted in a dismissal?
- How many Medicare fraud cases have you handled?
- How many Medicare investigations resulted in a dismissal?
- How often have you appeared before federal law enforcement agencies in healthcare fraud cases?
- How many federal jury trials have you tried in court?
- How many healthcare fraud cases did you try in court?
The attorneys of Oberheiden & McMurrey, LLP have served the Department of Justice for decades in critical positions with respect to healthcare investigations. Knowing the protocols and offering insight perspectives can be of tremendous value when it comes to avoiding criminal charges.
Put differently: Who better could assess a case than those that used to lead the investigations?
Lynette S. Byrd is a former federal prosecutor from the Department of Justice with significant experience in anti-kickback, False Claims Act, OIG, FBI, and DEA investigations.
- Department of Justice
- Prosecutor for Healthcare Fraud, NDTX
Dr. Nick Oberheiden has successfully defended healthcare providers 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.
If you feel like you are being audited or investigated, you should speak with one of us immediately to assess your case. All calls are free and confidential.
National Criminal Defense
Former Federal Prosecutors and Experienced Defense Attorneys
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.