We are a team of
former federal prosecutors


Meet the Team
Oberheiden Attorneys

Defending Medicare Fraud in Miami, Florida

Categories: Health Care Law

Judge Striking the Gavel

 

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

Defending Medicare Fraud Charges in Miami

Prosecutions of Medicare Fraud in Miami are at an all-time high.  Recent indictments, raids and prosecutions in Dade County demonstrate more than ever that every medical provider or business must be prepared with an effective defense plan.  Targets of Medicare fraud prosecutions can lose not only their business, through criminal fines and exclusion from federal healthcare programs, but also lose their freedom by being incarcerated in prison after a guilty plea or trial resulting in conviction.  Medicare fraud is penalized under federal law as follows:

  • Up to 10 years in prison for each count of fraud
  • Up to 20 years in prison for each count of fraud resulting in serious bodily injury
  • Up to life in prison for each count of fraud resulting in a patient’s death.

Our goal at the Oberheiden & McMurrey, LLP is to avoid criminal prosecutions for all of our clients. We combine our experience in hundreds of healthcare fraud cases around the country with the unique knowledge and courtroom experience of former federal prosecutors for healthcare fraud. Our team relies on three key elements of defense:

  • Early Intervention. In our private practice and in our attorneys’ time working for the Department of Justice, we have watched over and over again as ineffective defense strategy or client hesitation allows prosecutors much-needed time and opportunity to build a strong case. For that reason, OLG gets involved immediately.  As soon as we are hired, your case becomes an emergency requiring the launch of an immediate defense plan to answer your most urgent questions:  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 I prove my innocence?  We endeavor to answer these questions and many others within the first days of our representation.
  • No Criminal Findings. Under the United States Constitution, the government must meet a high standard to convict anyone of criminal charges.  In healthcare fraud, as in all other crimes, the government must prove guilt beyond a reasonable doubt.  In the healthcare fraud arena, that means that the prosecutors must prove a knowing and willful attempt or execution of a scheme or artifice to defraud a federal healthcare program such as Medicare or Tricare.  Relying on this standard, we put the government’s feet to the fire and require them to prove their allegations.  The truth is that most healthcare fraud investigations are the result of simple errors made by staff who are either unqualified or to whom such tasks were not properly designated.  Relying on this experience, we will prove that your business had no intent to knowingly or willingly defraud the government, and that any mistakes were made without the requisite criminal intent.
  • Depth of Experience. At Oberheiden & McMurrey, LLP, we know that there are two key components to an effective defense against healthcare fraud prosecution: 1) superb negotiation and trial experience, in order to convince and educate prosecutors and judges that the conduct in question did not violate the law, and 2) extensive knowledge of healthcare regulations, billing codes, state and federal rules, and certification requirements to understand, analyze, and explain your business practices.  Our attorneys have repeatedly succeeded in resolving healthcare fraud allegations by introducing defenses and exceptions not commonly known in the legal realm.

Call Oberheiden & McMurrey, LLP today to discuss your situation with one of our experienced lawyers. All initial consultations are free and confidential. You can call us directly, complete our contact form on this website, or contact us by sending an email.

Our Success Stories

Oberheiden & McMurrey, LLP provides effective and assertive defenses for clients across the country, including Miami-Dade County, who are under investigation or audit by various government agencies, including the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Office of Inspector General (OIG), the Department of Justice (DOJ), the Department of Defense (DOD), the Internal Revenue Service (IRS), the Medicaid Fraud Control Unit (MFCU), or other task forces. In recent healthcare fraud investigations, we have achieved the following results for our clients:

  • 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.
×