Federal CGX and PGX Investigations
Oberheiden P.C. Represents Laboratories, Distributors, and Business Owners in CGX and PGX Investigations Nationwide
Are you worried about current PGX and CGX investigations? Did one of your former business partners get raided or indicted? Did the FBI or agents from the Office of Inspector General (OIG) stop by to interview you? Were you served a Grand Jury subpoena or a target letter? Are you looking for attorneys with credentials and experience in laboratory, PGX, CGX, Medicare fraud, and federal kickback cases?
You Found the Right Firm. Oberheiden P.C. is a team of former DOJ Trial Attorneys, former federal healthcare fraud prosecutors, and federal defense attorneys who have proven their experience in healthcare fraud defense cases across the United States.
- No Junior Lawyers, No Paralegals
- Former DOJ Officials and Trial Attorneys
- Uncompromising Defense, Unmatched Outcomes
- Acquittals, Dismissals, and Probation in Federal Cases
We are here to help. You will save a lot of time (and money) working with lawyers that are profoundly familiar with your industry. Our attorneys have handled cancer testing cases long before any other firm and written about it years ago. This advantage of knowledge combined with our federal trial and litigation record has made Oberheiden P.C. the first choice for owners of telemedicine companies, lead generators, marketing and distributor companies, billing companies, physicians, and owners of laboratories.
Why the FBI Investigates CGX Laboratories, Marketers, and Telemedicine Doctors
The government investigates business owners of laboratories, PGX/CGX labs, telemedicine companies, distributors, and telemedicine providers for Medicare Fraud in connection with CGX and PGX tests. It is the Justice Department’s position that many tests are fraudulent either because the lead was generated through illegal purchases or kickbacks, because the payments between parties were based on percentages, or simply because physicians approved medically not necessary tests.
- Illegal Kickbacks: Percentage Payments to Marketers
- Illegal Kickbacks: Purchase of Medicare Patient Information
- Illegal Kickbacks: Per Test Payment Arrangement with Laboratory
- Medicare Fraud: Approval of Medically Unnecessary Tests
As a result, the Justice Department, the FBI, the Department of Health and Human Services, the Office of Inspector General, and other federal task forces such as the Medicare Fraud Strike Force in Miami, Newark/Philadelphia, Tampa, Detroit, Los Angeles, Dallas, and Houston are targeting CGX testing participants with search warrants, arrests, prosecutions, and indictments. You should not wait until the government also knocks at your door. Call our experienced CGX defense attorneys today and get the trusted Oberheiden PC federal lawyers on your team.
Oberheiden P.C. Has Protected Business Owners Across the United States Including Miami, Los Angeles, Houston, Dallas, New York, Newark/NJ, Philadelphia, Detroit, San Diego, Ohio, New Orleans, Pacific North West
Oberheiden P.C. attorneys have resolved a substantial number of federal healthcare cases in all parts of the country. Our attorneys are always prepared to take cases to a federal jury, a fact that has led to numerous success stories in courtrooms across America. Attorneys like Dr. Nick Oberheiden, Lynette Byrd (Dallas/Houston), Bill Tunkey (Miami), Mike Rataj (Detroit), Aaron Wiley, and other members of Oberheiden P.C. all have obtained acquittals, dismissals, and hung juries in federal white-collar criminal jury trials.
- Nick Oberheiden, Founder
- Amanda Marshall, Former U.S. Attorney (DOJ)
- Lynette S. Byrd, Former Assistant United States Attorney (DOJ Healthcare)
- Aaron Wiley, Former Assistant United States Attorney (DOJ Healthcare)
We Don’t Let Bad Things Happen to You. If you are in a situation where you are concerned about your reputation or freedom, give us a call. Our senior attorneys are ready to assist, no matter where you are.
The Government Has the Burden of Proof in Medicare Fraud Cases
Medicare fraud is a form of healthcare fraud that is often investigated by the U.S. Attorney’s Office, the FBI, and the Office of Inspector General in combination with other state and federal agencies. The general healthcare law statute is 18 U.S.C. 1347. Pursuant to this statute, a person is guilty of healthcare fraud if:
- The defendant knowingly and willfully executed or attempted to execute a scheme to defraud a healthcare benefit program or obtain money or property from a healthcare benefit program by means of false or fraudulent pretenses, representations, or promises;
- The defendant executed or attempted to execute the scheme or plan in connection with the delivery or payment of benefits, items or services under the healthcare benefit program; and
- The defendant acted with the intent to defraud the healthcare benefit program.
Because Medicare fraud and illegal kickbacks are federal crimes, these offense types are investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorneys either from the Department of Justice or one of the 95 local U.S. Attorney’s Offices spread across the 50 U.S. states.
What Are the Penalties If I Get Convicted for Healthcare Fraud?
If you were convicted of Medicare fraud at trial or decided to plead guilty to 18 U.S.C. 1347 must expect severe penalties. Pursuant to Title 18 of the United States Code, a defendant guilty of home healthcare fraud will be sentenced to up to 10 years imprisonment per count, a term of supervised release, criminal fines, asset forfeiture, and a mandatory special assessment. The exact penalty depends on many factors including the alleged damage that was created to the Medicare program.
Remember: The Government Must Prove Criminal Intent
All criminal healthcare fraud cases have in common that the government carries the burden of proof. That means you should be hesitant to accept responsibility before consulting your options with an experienced attorney. At Oberheiden P.C., we routinely handle the following case types.
- Healthcare Fraud (18 U.S.C. 1347)
- Conspiracy to Commit Medicare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
- Conspiracy to Commit Healthcare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
- Conspiracy to Commit Theft or Embezzlement in Connection with Healthcare (18 U.S.C. 669; 18 U.S.C. 371)
- Conspiracy to Make False Statements Relating to Healthcare Matters (18 U.S.C. 1035; 18 U.S.C. 371)
- Attempt or Conspiracy to Commit Healthcare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
- Conspiracy to Accept or Receive Illegal Kickbacks (42 U.S.C. 1320a-7(b)(b); 18 U.S.C. 371)
- Conspiracy to Commit Medicaid Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
- Conspiracy to Unlawfully Use Health Information (42 U.S.C. 1320d-6; 18 U.S.C. 371)
What Is the Statute of Limitations for Healthcare Fraud?
In criminal healthcare fraud investigations, the Statute of Limitations is typically five years. However, 18 U.S.C. 3282 is subject to various exceptions that can prolong the allowable prosecution phase, in particular if the case is charged as a federal healthcare fraud conspiracy.
How Can Oberheiden P.C. Avoid Charges in CGX Investigations?
Depending on the stage of your investigation—and, in particular, how early you contact our attorneys—we apply a number of different approaches in federal healthcare fraud investigations. In general, we pursue a very active approach, that is we spent time with our clients and learn the full story from them first. How did you get involved? With whom did you work? What information do you have about pending investigations of others (to see if how close a potential case is to you)? What contracts or agreements govern your relationships with business partners? Do you have any compliance efforts or programs in place? These and many other questions allow us to position us to decide whether a meeting with the government is or is not in your interest, whether or not you have exposure, whether or not we should consider an early resolution or plan for trial. Call us today, to discuss these and other considerations. All consultations are free of charge and available also on weekends.