Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Health Care Fraud Defense Law Firm in Dallas, Texas

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

Dallas-Badge-SkylineThe 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. Our attorneys serve clients in Dallas, TX as well as throughout surrounding areas in Texas.

Oberheiden & McMurrey, LLP defends Dallas clients against health care fraud allegations. Dr. Nick Oberheiden, a health care fraud defense lawyer, leads our Health care Fraud Defense Team. He is assisted by Lynette Byrd, a former Assistant United States Attorney (AUSA).

Our dedicated team has experience with OIG and Grand Jury subpoenas, Medicare and Tricare audits, defense of fraud allegations, internal investigations, implementation of compliance programs, qui tam defense strategies, asset protection, criminal defense, and jury trials.

If you’re facing allegations of health care fraud or any of the other areas listed above, call us immediately. We’re available 7 days a week.

Health Care Fraud in Dallas

There are nine areas in the United States where the federal government established specialized tasks forces to surveil, investigate, and prosecute Medicare fraud. Dallas is one of those nine areas. Health care practitioners and businesses should be aware that government prosecution is becoming more aggressive and frequent in this community compared to many others. These investigations are initiated by the Health Care Fraud Prevention and Enforcement Team (HEAT). HEAT is a federal task force that is composed of prosecutors from the Department of Justice (DOJ), Department of Health and Human Services (HHS), the Office of Inspector General (OIG), and the Federal Bureau of Investigation (FBI) along with many other government agencies.

Health Care Fraud Explained

Federal health care fraud is the attempt to receive government funding through programs such as Medicare, Medicaid, Tricare, or federal workers’ compensation (DOL) through false and fraudulent information. It can take many different forms.

  • Anti-Kickback Violations. Compensation in exchange for referrals is prohibited by health care laws. Any person – physicians, marketers, business owners – are subject to health care fraud prosecution for receiving monetary payment or offers in exchange for a patient referral.
  • Stark Law. If a physician (or family member) has a compensation arrangement with any health services entities or practice, they may not, under law, refer patients to those facilities – unless one of the statutory exceptions applies.
  • False Claims Act Violations. The False Claims Act applies to any submission made to Medicare. If a bill is submitted that is incorrect, even if unintentional, the statutes’ heavy-handed civil penalties may kick in. The government can investigate incorrect billing under the criminal provisions of the False Claims Act.
  • Prescription Fraud. Physician practices with unusually high volumes of narcotic prescriptions are inspected by the government. Doctors who are under the suspicion of handing out unnecessary narcotic prescriptions may be investigated for insurance fraud and violations of DEA dispensing rules.
  • Billing Fraud. Up-coding or billing code use for higher than the service level provided, phantom-billing (services not provided), billing ghost patients, and billing for services deemed medically unnecessary will be investigated by the government.
  • Certification Errors. Investigations of the health and hospice industry have been intensified by the government. The main allegation is that some physicians and nurses are fraudulently certifying the medical services needed, despite the patient not being homebound (home health) or not terminally ill (hospice).

Penalties

Health care fraud is a serious offense and the penalties can range from civil recoupment requests, non-payment of claims, and program exclusion to criminal prosecution, fines, and even incarceration. The general crime-fraud statute at 18 U.S.C. 1347 provides:

  • Up to 10 years in prison for each count of health care fraud.
  • Up to 20 years in prison, if the fraud resulted in serious bodily injury.
  • Life in prison if the fraud resulted in the patient’s death.

How you may be prosecuted for health care fraud and whether you will receive a prison sentence is largely dependent upon all of the factors involved in your case, whether the prosecutor is interested in taking the case, and what the government believes was your primary motivating factor for committing the alleged fraud.

Because Oberheiden & McMurrey, LLP has former experience as health care fraud prosecutors and because of our work as defense attorneys, we have a unique blend of experience and a distinct track record of helping our clients avoid criminal prosecution. If you’re being investigated or if you want to speak with us about the facts involved in your case, contact Oberheiden & McMurrey, LLP right away. We’re available 7 days a week. The call is free and it’s confidential.

When Is Health Care Fraud Criminal?

Health care fraud cases can be both civil and criminal. In many health care investigations, it is often unclear how a case will be prosecuted. The U.S. Attorney’s Office is divided into a civil and a criminal division that employs federal prosecutors to work in both divisions. The fact that a prosecutor is leading the investigation is not enough of an indication that a case is criminal. This applies to federal agents, as well. Contact from an OIG or FBI agent does not automatically mean that they are making an inquiry about a criminal case. Many agents investigate civil matters.

The determination of the nature of a case can initially depend on a skillful interpretation of the requests made in an OIG subpoena, the tone of the inquiry, or the underlying allegations. There are some indications that would suggest a criminal prosecution rather than a civil matter – warrants, seizure warrants, arrest warrants, issuance of target letters, the involvement of criminal prosecutors, the involvement of the IRS, or the issuance of grand jury subpoenas.

If you’re a Dallas, Texas health care provider, facility, or business and you’re being investigated and aren’t sure if it is criminal or civil, please call us now. We’ve represented entire health care systems, executives, health care practices, individual providers, and other health care industry organizations. If you’ve received contact from the DOJ, the DOD, FBI, DEA, OIG, Medicaid Fraud Control Unit, Dallas or Texas law enforcement, or the IRS, don’t wait. Call us now.

Defending Health Care Fraud in Dallas, Texas

Oberheiden & McMurrey, LLP has many health care fraud defense lawyers who handled health care audits and fraud investigations as former employees of the Department of Justice. They are a valuable part of our team and can offer their insights and experience with our Dallas clients. Their insights and experience are part of the reason why we’re able to provide strategic, custom defenses for our clients.

  • Immediate Defense. During an investigation, our number one goal is to help our Dallas clients avoid criminal charges. We believe in intervening as early as possible. This allows us time to make an impact on the investigation. When you retain our firm, we will work to protect your rights, freedom, and livelihood. We can answer the most pressing questions you may have in regards to your case: What is the case about? What is the purpose of the investigation? How long will it take? What is the likely outcome?
  • No Criminal Intent. The U.S. Constitution requires the government to prove criminal intent beyond a reasonable doubt. Many prosecutors will attempt to claim that inaccuracies in billing records are evidence of a defendant’s intent. We know that innocent mistakes happen. Innocent mistakes do not equate to fraudulent intent. We can demonstrate that misinformation in billing records can be the result of organizational or human error and not fraudulent intent. We know that unqualified staff, delegation and outsourcing errors, lack of oversight, and insufficient supervision can lead to errors. The constantly changing health care system and billing rules can contribute to billing errors, but they should not lead criminal liability.
  • Applicable Legal Defenses. Oberheiden & McMurrey, LLP has health care law experience to introduce applicable defenses and statutory loopholes to defend our clients. For example, we have won many cases by demonstrating how exceptions in the Stark Law and in medical necessity certifications apply to our clients, and either mitigate or entirely nullify the government’s fraud case.
  • Protecting Your Reputation as a Health Care Provider. Unfounded allegations of fraud in Dallas, Texas go far beyond establishing legal strategies and defense plans against government investigations. Many of our clients are equally concerned about their reputation and their perception in the public. The media has the power to ruin someone’s reputation or to ignite rumors about wrongdoings. Our health care fraud defense lawyers routinely intervene upon slanderous reporting. We can obtain news spots and opportunities to correct and rectify errors by educating the audience about the truth.

Oberheiden & McMurrey, LLP

The commitment of Oberheiden & McMurrey, LLP is to avoid criminal charges and to shield our client’s medical business from government intrusion. Our team of former health care prosecutors and experienced health care fraud defense attorneys have a distinguished history of protecting business owners, executives, lawyers, physicians, hospitals, laboratories, pharmacies, health care entities, and many other health care organizations against any form of alleged health care fraud. Here are some recent examples of our case outcomes.

  • Representation of a pharmacy investigated by the Department of Defense and the Office of Inspector General for Tricare fraud.
    Result: No civil or criminal liability.
  • Representation of a marketing group investigated by the Department of Defense and the Office of Inspector General for Tricare fraud.
    Result: No civil or criminal liability.
  • Representation of physicians investigated by the Department of Defense and the Office of Inspector General for Tricare fraud.
    Result: No civil or criminal liability.
  • Representation of laboratory against an investigation by the Department of Justice and the U.S. Attorney’s Office for Alleged Medicare fraud.
    Result: No civil or criminal liability.
  • Representation of laboratory against an investigation by the Department of Health and Human Services and the U.S. Attorney’s Office for Alleged Medicare fraud.
    Result: No civil or criminal liability.
  • Representation of laboratory against an investigation by the Department of Justice and the U.S. Attorney’s Office for alleged Tricare fraud.
    Result: No civil or criminal liability.
  • Representation of a health care services company against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged False Claims Act and Stark Law violations.
    Result: No civil or criminal liability.
  • Representation of a health care marketing group against an investigation by the Office of Inspector General for alleged health care fraud.
    Result: No civil or criminal liability.
  • Representation of a physician against an investigation by the Department of Health and Human Services and the U.S. Attorney’s Office for alleged Medicare fraud, Stark Law Violations, and Anti-Kickbacks.
    Result: No civil or criminal liability.
  • Representation of Laboratory against an Investigation by the Department of Justice and the Office of Inspector General for Alleged False Claims Act and Medicare violations.
    Result: No civil or criminal liability.
  • Representation of Physician Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud and False Claims Act violations.
    Result: No civil or criminal liability.
  • Representation of Physician Investigated by the Office of Inspector General for Medicaid Fraud and Stark Law violations.
    Result: No civil or criminal liability.
  • Representation of Health Care Organization Investigated by the Department of Justice and the Office of Inspector General for Medicare fraud.
    Result: No civil or criminal liability.
  • Representation of Physician Group Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud, Stark Law Violations, and False Claims Act violations.
    Result: No civil or criminal liability.
  • Representation of Physician Group Investigated by the Department of Health and Human Services and the Office of Inspector General for False Claims Act violations.
    Result: No civil or criminal liability.
  • Representation of a Physician Investigated by the Department of Defense and the Office of Inspector General for Tricare fraud.
    Result: No civil or criminal liability.
  • Representation of Pharmacy Investigated by the Department of Justice and the Office of Inspector General for Department of Labor Program Fraud.
    Result: No civil or criminal liability.

Health Care Fraud Defense Attorneys in Dallas, Texas

Nick OberheidenDr. Nick Oberheiden has represented clients in Qui Tams, False Claims Act, Medicare Fraud, Tricare Fraud, Stark Law, and anti-kickback proceedings before virtually all federal agencies including but not limited to the Office of Inspector General (OIG), the Department of Health and Human Services (HHS), the Department of Defense (DOD), the Department of Justice (DOJ), and the Department of Labor (DOL). Dr. Oberheiden is trained in negotiations by Harvard Law School and holds a Juris Doctor as well as a Ph.D. in law. Dr. Oberheiden’s immense experience and education is an asset to Dallas area clients.

Lynette ByrdLynette S. Byrd helps clients with her experience as a former federal prosecutor for health care matters. During her tenure as an Assistant United States Attorney (AUSA), Ms. Byrd worked for the U.S. Attorney’s Office and was involved in some of the district’s biggest health care cases during that time. Since Ms. Byrd left the Department of Justice, clients of Oberheiden & McMurrey, LLP have benefited from Ms. Byrd’s regulatory and law enforcement experience in health care matters.

Call us today and speak to one of our experienced attorneys directly. We are available to discuss your situation in a free and confidential call, including on weekends.

800-810-0259
Including Weekends
Oberheiden & McMurrey, LLP

Serving: Allen, Arlington, Balch Springs, Bedford, Burleson, Carrollton, Cedar Hill, Cleburne, Colleyville, Coppell, Denton, DeSoto, Duncanville, Euless, Farmers Branch, Flower Mound, Fort Worth, Frisco, Garland, Grand Prairie, Grapevine, Greenville, Haltom City, Hurst, Irving, Keller, Lancaster, Lewisville, Little Elm, Mansfield, McKinney, Mesquite, North Richland Hills, Plano, Richardson, Rockwall, Rowlett, Sachse, Southlake, The Colony, Waxahachie, Weatherford, Wylie

Zip Codes: 17601, 17602, 17603, 17608, 29601, 29602, 29603, 29604, 72096, 75002, 75006, 75007, 75010, 75010, 75011, 75013, 75014, 75015, 75016, 75017, 75019, 75022, 75023, 75024, 75025, 75026, 75027, 75028, 75029, 75030, 75032, 75033, 75034, 75035, 75038, 75040, 75042, 75043, 75044, 75046, 75048, 75050, 75052, 75053, 75056, 75062, 75063, 75065, 75068, 75069, 75070, 75071, 75080, 75081, 75082, 75083, 75087, 75088, 75089, 75098, 75099, 75104, 75106, 75115, 75116, 75123, 75126, 75137, 75138, 75149, 75150, 75165, 75166, 75167, 75168, 75173, 75180, 75181, 75234, 75244, 75249, 75261, 76001, 76002, 76003, 76004, 76005, 76006, 76007, 76008, 76009, 76010, 76011, 76012, 76013, 76014, 76015, 76016, 76017, 76018, 76019, 76021, 76022, 76028, 76031, 76033, 76034, 76036, 76039, 76040, 76040, 76051, 76053, 76054, 76058, 76060, 76063, 76065, 76078, 76084, 76085, 76086, 76087, 76092, 76095, 76097, 76104, 76111, 76117, 76137, 76148, 76155, 76180, 76201, 76202, 76203, 76204, 76205, 76206, 76207, 76208, 76209, 76210, 76226, 76227, 76227, 76247, 76248, 76262

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.

Who Will Handle Your Case

When you hire us, you will not work with paralegals or junior lawyers. Each lawyer in our Healthcare Practice Group has handled at least one hundred (100) matters in the healthcare industry. So, when you call, you can expect a lawyer that immediately connects with your concerns and who brings in a wealth of experience and competence. For example, you need someone like Lynette S. Byrd, a former federal prosecutor in healthcare matters, who recently left the government and who is now sharing the valuable insights she gained as a healthcare prosecutor with our clients.

Bill C. McMurrey

Bill C.
McMURREY

Dr. Nick Oberheiden

Dr. Nick
OBERHEIDEN

Lynette S. Byrd

Lynette S.
BYRD

Glenn A. Harrison

Glenn A.
HARRISON

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