Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Defending OIG Subpoenas in Dallas, Texas

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

Oberheiden & McMurrey, LLP is a health care law defense firm with significant experience in the areas of regulatory compliance, corporate structuring, litigation, government investigations, and criminal defense. Among our attorneys are the former Chief Health Care Fraud Coordinator at the U.S. Attorney’s Office, former senior Department of Justice trial attorneys, former lead prosecutors of the elite Medicare Fraud Strike Force, and other talented attorneys with years of relevant experience and education from the country’s best schools such as Harvard Law School and Yale Law School. We serve clients in Dallas, TX and surrounding areas in Texas.

The Oberheiden & McMurrey, LLP has extensive experience dealing with the practice of advising clients on what to do when they receive subpoenas issued by the Inspector General (OIG).

OIG Investigations in Dallas, Texas

The Health Care Fraud Prevention and Enforcement Action Team (HEAT) is a systemized federal task force comprised of prosecutors from the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), the Office of Inspector General (OIG), and other government agencies. They orchestrate these investigations and prosecutions. Dallas is a main focus for government prosecution; individuals and health care organizations in Dallas should be aware of the increase and frequency of prosecutions carried out in the area because it is one of nine areas in the United States with a HEAT task force in place. Because Dallas has a large number of Medicare and other federal government health care program recipients, the government believes that there is more risk for health care fraud to occur in the area.

OIG Subpoena Explained

It is not uncommon for health care providers to learn that they may have done something wrong when they receive a subpoena issued by the Office of Inspector General (OIG) and the Department of Health and Human Services. The OIG is a branch of the Department of Justice. They have a responsibility to investigate health care fraud. OIG subpoenas request specific records be turned over to the specified agency. Typically, the records requested are corporate documents, financial summaries, and communication records (both online and offline). OIG subpoenas do not specify whether the investigation is civil or criminal in nature. An attorney may be able to determine the case type through their experience, but concise information can only be obtained through an open dialogue with the prosecutors and agents assigned to the case.

What Should You Do if You Receive an OIG Subpoena in Dallas?

During an OIG investigation of health care fraud, an OIG subpoena will be issued or federal agents may contact you directly. Your health care fraud defense attorney can assist you with fulfilling the obligations of the subpoena. During the initial part of the investigation, specific records are requested via subpoena. Disregarding or ignoring a subpoena can leave you to face contempt of court. Federal courts will enforce the subpoena with no tolerance for excuses. Even worse than ignoring a subpoena is tampering, destroying, or altering any documents or devices requested by the OIG. This may result in obstruction of justice charges. Once information is disclosed, it cannot be undisclosed. There is information that may be deemed protected. A subpoenaed party should cooperate with authorities but must keep in mind that you should only share the information that is necessary. This is another reason why retaining a health care fraud defense attorney in Dallas, Texas is so important. Your attorney can help you determine what you should disclose.

In Dallas, the most common health care businesses to receive OIG subpoenas are:

  • Hospitals
  • Surgery centers
  • DME organizations
  • Toxicology labs
  • DNA labs
  • Large physician groups
  • Health care executives
  • Medical marketing organizations

OIG subpoenas don’t give you a lot of information about the investigation. Within the first few hours after retaining Oberheiden & McMurrey, LLP, we can get answers to important questions such as finding out what the case is about, whether the investigation is civil or criminal, and the goal of the OIG. Getting these questions answered can also help us begin to center on preparing your defense strategies.

Most OIG subpoenas center around one of the following violation allegations:

  • Medicare fraud
  • Medicaid fraud
  • Anti-Kickback Statute
  • Stark Law
  • HIPAA compliance
  • DEA problems
  • Certifications of medical necessity for equipment or services
  • Billing errors, including overbilling
  • Overuse of services
  • Overuse of equipment

Avoid the Top Three Mistakes

If you receive an OIG subpoena or if you were contacted by a federal agent, you should retain an attorney immediately. Make sure that your chosen attorney has experience handling OIG investigations and health care fraud defense cases. Although many OIG investigations seem straightforward and calm, our experience as former prosecutors has shown us how unprepared business owners and health care practitioners in Dallas can turn a minor investigation into a full blown criminal matter because they simply don’t know exactly how to handle what’s happening. It is imperative that you avoid the top three mistakes that occur during an OIG investigation and subpoena issuance:

  1. Do not ignore the subpoena. Do not ignore the government and do not underestimate their abilities if you choose to ignore their subpoena. Even if you don’t believe that you’re the party responsible, you have a legal obligation to provide accurate and complete responses. Federal courts can and will enforce OIG subpoenas. You do not want to be held in contempt of court.
  1. Do not tamper with requested records. It’s likely that you’ll also receive a “Document Preservation Notice.” This is to inform you, your business, its officers, directors, executives, and employees to refrain from tampering with, altering, or destroying any documents or devices that contain requested documents. Tampering, altering, or destroying documents may cause you to be charged with obstruction of justice.
  1. Do not volunteer to provide more than required of you. You may believe that by volunteering more information than requested that you’re doing the right thing. However, overproducing and volunteering additional information can hurt you. Once it’s out there, you can’t get it back. An attorney can help you determine what you should provide, what’s privileged, and what may be incriminating.

How to Choose the Right Defense Lawyer in Dallas, Texas

OIG investigations are extremely complex. You need a lawyer who understands health care law, criminal law, and who also has a track record of successful negotiation and trials. This is about ensuring that you have a vigorous defense and convincing the government, the media, and the public that you didn’t do anything wrong. Look for these three qualifications:

  1.  Has the attorney mastered health care regulations? You cannot afford to hire someone with only basic knowledge. You need someone who understands the industry, billing, coding, and certification rules. Federal agents are specifically trained in health care fraud. You need someone who can help you negotiate. The agents can tell whether or not your attorney knows what they are doing. Do not hire an attorney who isn’t respected by the prosecutor.
  1. Does the attorney have experience responding to OIG subpoenas, or navigating a federal health care audit or an OIG investigation? These things are extremely complex. A traditional criminal defense attorney has experience in DUIs, not government investigations.
  1. Does the attorney have a successful track record? Ask how many OIG investigations the attorney has handled and what percentage of those investigations resulted in no civil or criminal liabilities for their clients.

Proven Defense Strategies for Dallas OIG Investigations

Our attorneys are available to assist you through the process of complying with an OIG subpoena, as follows:

  • Collect requested information. Our team of attorneys will begin an open dialogue to gain clarity on the goal of the subpoena and investigation. It is important to establish communication with the prosecutor leading the investigation to determine if the case is civil or criminal. The types of charges can greatly affect the case. Once we have the information we need, we can assist in filtering and collecting the requested information. We can also determine if our clients need an extension.
  • Review documents. Our attorneys will review each document and the information requested to ensure that protected information is not disclosed. We know, as former prosecutors, the importance of being careful when sharing information with the government.
  • Production of document. We will organize the documents and present the records to the prosecutor. We will maintain communication throughout the entire collection process with the government. We want to settle the matter as promptly as possible.

Oberheiden & McMurrey, LLP

Oberheiden & McMurrey, LLP clients range from individual providers to entire health care systems. We represent clients in Dallas who are under investigation by the Department of Justice (DOJ), the Department of Defense (DOD), the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), the Office of Inspector General (OIG), the Medicaid Fraud Control Unit (MFCU), Dallas & Texas law enforcement, or the Internal Revenue Service (IRS).

We accomplished the following case outcomes for our clients in recent OIG investigations.

  • OIG Investigation against a Physician Group for Alleged Medicare Fraud; Involvement of Department of Health and Human Services and Department of Justice.
    Result: No civil or criminal liability.
  • OIG Investigation against a Physician Group for Alleged Tricare Fraud; Involvement of Department of Defense and FBI.
    Result: No civil or criminal liability.
  • OIG Investigation against a Physician Group for Alleged Medicaid Fraud; Involvement of Department of Health and Human Services and Department of Justice.
    Result: No civil or criminal liability.
  • OIG Investigation against a Toxicology Laboratory for Alleged Medicare Fraud; Involvement of Department of Justice.
    Result: No civil or criminal liability.
  • OIG Investigation against a Toxicology Laboratory for Alleged Medicare Fraud; Involvement of Department of Justice and FBI.
    Result: No civil or criminal liability.
  • OIG Investigation against a Toxicology Laboratory for Alleged Tricare Fraud; Involvement of Department of Defense and Department of Justice.
    Result: No civil or criminal liability.
  • OIG Investigation against a Toxicology Laboratory for Alleged Medicare Fraud; Involvement of Department of Justice and FBI.
    Result: No civil or criminal liability.
  • OIG Investigation against a Device Manufacturer for Alleged Medicare Fraud; Involvement of Department of Health and Human Services and Department of Justice.
    Result: No civil or criminal liability.
  • OIG Investigation against a DME Company for Alleged Medicare Fraud; Involvement of Department of Justice.
    Result: No civil or criminal liability.
  • OIG Investigation against a Pharmacy for Alleged Federal Workers’ Compensation Fraud; Involvement of Department of Labor and U.S. Postal Inspection Service.
    Result: No civil or criminal liability.
  • OIG Investigation against a Pharmacy for Alleged Tricare Fraud; Involvement of Department of Health and Human Services and Department of Defense.
    Result: No civil or criminal liability.
  • OIG Investigation against a Laboratory for Alleged Federal Workers’ Compensation Fraud; Involvement of Department of Labor and U.S. Postal Inspection Service.
    Result: No civil or criminal liability.
  • OIG Investigation against a Physician Group for Alleged Medicare Fraud; Involvement of Department of Health and Human Services and Department of Justice.
    Result: No civil or criminal liability.
  • OIG Investigation against a Physician Owned Service Group for Alleged Medicare Fraud; Involvement of Department of Health and Human Services and Department of Justice.
    Result: No civil or criminal liability.

OIG Defense Attorneys Serving Dallas, Texas

Nick OberheidenDr. Nick Oberheiden is a Harvard-trained and internationally educated health care fraud defense attorney. Dr. Oberheiden has successfully represented health care executives, business owners, public officials, physicians, and lawyers in high-profile prosecutions, allegations of political corruption, government investigations, and intervened in media campaigns, including 60 Minutes. He is most known for stopping federal investigations before criminal charges can be filed. In addition to his health care defense practice, Dr. Oberheiden leads internal investigations, implements corporate compliance programs and teaches U.S. criminal law and federal litigation in the United States and abroad.

Lynette ByrdLynette S. Byrd is a former Assistant United States Attorney (AUSA). Dallas clients greatly benefit from Ms. Byrd’s experience from the Department of Justice, where she prosecuted health care fraud, Anti-Kickback violations, False Claims Act violations, and Stark violations on behalf of the United States. Ms. Byrd has immense experience with health care law enforcement and regularly argues federal matters for her clients.

We are available to discuss your case. You can call us directly or complete our contact form or by emailing us directly.

800-810-0259
Including Weekends
Oberheiden & McMurrey, LLP
Serving Dallas, Texas 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
×