Defending PGX Laboratories Against Medicare Fraud Charges

Specializing in healthcare fraud defense, Oberheiden, P.C. has a proven track record of successfully defending laboratories, physicians, and medical service providers against allegations of Medicare fraud.  Led by Dr. Nick Oberheiden, a nationally recognized healthcare fraud defense attorney, our team of attorneys utilizes their experience on both sides of prosecutions to achieve the best possible outcome for laboratories facing investigation for Medicare fraud.

PGX Medicare Fraud

Medicare fraud occurs when an individual or entity takes advantage of the Medicare program by receiving or making payments for medical services in violation of healthcare regulations.  Medicare fraud charges may be civil or criminal, and they may result from violation of one or more of several statutes, including the False Claims Act, the Anti-Kickback Statute, the Physician Self-Referral Laws (Stark Law), the Social Security Act, or the U.S. Criminal Code.  Among laboratories, including PGX laboratories, Medicare fraud often involves the laboratory improperly compensating physicians for patient referrals or the laboratory submitting inaccurate bills to Medicare.

Defending Medicare Fraud Charges

Lack of Evidence. All defendants are innocent until proven guilty, and the prosecutors bear the heavy burden of proving a defendant’s guilt beyond a reasonable doubt.  In the case of defendants accused of Medicare fraud, the prosecution’s burden includes demonstrating that the defendant intended to commit the fraudulent conduct.  At Oberheiden, P.C., we routinely defeat allegations of Medicare fraud by demonstrating that the prosecution has failed to present sufficient evidence that our client committed the alleged fraud.  We regularly achieve the following outcomes for our clients:

• Case Dismissed
• Avoidance of Criminal Charges
• License Maintained
• Civil Fine, No Criminal Plea
• Misdemeanor, No Felony
• No Jail Time

Lack of Intent.  Through our years of experience with the healthcare industry, we understand how and why innocent mistakes may happen through human or organizational error.  We have seen how laboratories, concerned with servicing patients or distracted by the demands of running a business, have inadvertently run afoul of the labyrinthine web of healthcare regulations.  Common causes of such mistakes include:

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Joe Brown

Former U.S. Attorney & Former District Attorney

Local Trial & Defense Counsel

Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach

Former Special Agent (OIG)

Gamal Abdel-Hafiz

Former Supervisory Special Agent (FBI)

Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

• Unqualified Staff
• Supervision Errors
• Delegation & Outsourcing
• Structural Deficits
• Organizational Mistakes
• Human Error
• Lack of Oversight and Overwhelmed Supervisors
• Lack of Compliance Program
• Constantly Changing Rules

Armed with this knowledge, we have helped many laboratories defeat charges of Medicare fraud by proving to investigators and juries that our clients lacked the requisite criminal intent to commit fraud.  The laboratories we represent do not have to make plea deals or accept charges of fraud merely for negligently overseeing the operations of their businesses.

Experienced Medicare Fraud Defense Attorneys

Comprised of former healthcare prosecutors and experienced healthcare defense attorneys, Oberheiden, P.C. protects laboratories, medical services providers, and physicians nationwide against charges of Medicare fraud, including fraudulent billing practices or violations of anti-kickback laws.