Hawaii Healthcare Fraud Defense Lawyers - Federal Lawyer

Hawaii Healthcare Fraud Defense Lawyers

Our federal healthcare fraud defense team provides skilled legal representation for licensed providers, executives, administrators, and business owners in Hawaii. If you are facing an audit or investigation, the attorneys at Oberheiden, P.C. can help you avoid drastic consequences.

Why are auditors or federal investigators scrutinizing your practice’s billing records? What is healthcare fraud? Could you really be guilty? If so, what do you need to do in order to avoid severe civil or criminal penalties? With increasing frequency, healthcare providers in Hawaii are being forced to grapple with these difficult questions.

Combatting fraud, waste, and abuse in the federal healthcare benefit systems is a top priority for senior officials at the Centers for Medicare and Medicaid Services (CMS), the U.S. Department of Defense (DOD), the U.S. Department of Justice (DOJ), the U.S. Department of Health and Human Services (DHHS), the U.S. Department of Veterans Affairs (VA), and other federal agencies. Fighting the nation’s opioid epidemic is a top federal priority as well, and the DOJ and other agencies have chosen to tackle the problem by targeting healthcare providers that prescribe and dispense opioid medications. These factors combine to create extreme risks for healthcare providers, and those that are targeted for prosecution can face loss of program eligibility, recoupments, fines, treble damages, and even federal imprisonment.

Quick response, very knowledgeable, passionate, with a caring team with real experiencewith the same federal agencies that I was corresponding with (Roger Bach!) thus making all the legal concerns understandable. I would recommend to any other health care professional or would use Nick Oberheiden again if ever needed.... Thank you!read more
Shaunna R.
Shaunna R.
I am compelled to recommend Nick Oberheiden after dealing with many blood thirsty attorneys. Nick was extremely responsive, knowledgeable, and trustworthy. His expertise and relationships in the realm of federal healthcare is great. I wish I would have called him sooner. If you are facing a federal investigation... or suit, make Nick the first call you make. He really cares and is looking out for his clients best interest. His expertise has allowed my situation that seemed so daunting to be very manageable.read more
Lisa K.
Lisa K.
I found myself in an unfortunate situation with the federal government. I hired Nick Oberheiden as my attorney and it has been a life saving decision. His expertise and knowledge along with his commitment is superior and of utmost importance in federal cases. Nick has kept his word throughout this stressful process... and helped me receive the best possible outcome. You will not regret hiring Nick and his law firm to defend you!!!read more
Amir K.
Amir K.
Over the past decade I have plenty of experience with health care and federal attorneys. The one that has stood by far above and beyond the most intelligent, thoughtful, straight-forward, and strategic in defense and actions has been Nick Oberheiden. Nick has achieved results that others claim they could not. He has... taken on circumstances that felt as if not winnable, and worked to create a positive outcome. Nick has become a rock and support person through my troubling time and a beacon of hope and action that things will come out in the best possible manner. There is no attorney that I could support more then Dr. Oberheiden.read more
Matt H.
Matt H.
Dr Nick Oberheiden is a truly excellent attorney in every way! He’s knowledgeable and responds to all phone calls and emails swiftly. He is concise, and puts information in understandable terms. He is happy to explain and clarify any confusing matters or material. He will put your mind at ease immediately. For me,... it was like a superhero was protecting and helping me through what was one of the most stressful situations of my professional life! Nick is worth every single bit of the five star rating from me, and from other clients who have given him five star reviews as well!read more
Katherine R.
Katherine R.
We needed legal service and advise, Nick Oberheiden made a bad situation better. Prompt service, responded to email , and phone calls, addressed the problem professionally and on time. Would highly recomend them.
John P.
John P.
I have conferred and worked with Nick on several healthcare fraud defense cases, representing doctors, laboratory/pharmacy owners, durable medical equipment providers and marketing companies all investigated by the U.S. Department of Justice. Nick's level of expertise when it comes to the intricacies of medicare... billing, operational regulations and corporate structure is unmatched. His experience and knowledge, combined with his high-level contacts within the Department of Justice, nationwide, make him an invaluable resource to anyone who finds themselves being investigated or audited by the Government. Nick is easy to communicate with, and goes above and beyond to make himself available to his clients and colleagues in their time of need.read more
Joseph N.
Joseph N.
As a healthcare regulatory expert consultant and witness I have worked with a lot of attorneys over the years! But only a few actually stand out and would be someone I would refer my family or closest friends to if they had a legal need. One of these attorneys is without a doubt Nick Oberheiden! Nick is extremely... knowledgeable, professional, and plays chess while the other side is playing checkers. The old adage you get what you pay for is never more truer in Nick’s case. Highly recommended when your license and/or freedom is on the line!read more
Mike S.
Mike S.
From the moment we walked into Nick’s office, he made us feel safe and secure. Nick exemplifies kindness and compassion for his clients, qualities that I have found rare with attorneys. Nicks passion and expertise in Healthcare and Law are unrivaled.I strongly encourage and recommend others to use Nick.... Professionally, Nick is a Genius!read more
Shawn C.
Shawn C.
As a former supervising investigator with a large New York State agency investigating health care fraud, I have conferred with many defense attorneys over my thirty-year career. I can honestly say that I was not impressed with many of them, that is, until I met Dr. Nick Oberheiden. Not only is he an exceptional... attorney, who provides his clients with expert strategic legal guidance, he is highly regarded for his extraordinary character and integrity. Nick is extremely ethical and always has his clients' best interests at heart. Today, I am proud, honored and privileged to work with Nick in assisting him with his clients' needs, whether it is to determine if they have any criminal liability or to proactively establish a compliance program to prevent them from falling victim to any government audit/investigation. Nick works very efficiently - saving his clients time and money. So, if you are looking for an attorney to represent you or to offer you expert guidance, don't hesitate and contact Dr. Nick Oberheiden. You'll be glad you did!read more
Greg M.
Greg M.
I was a federal agent for over 30 years and have worked with many of the most successful DOJ and DoD attorneys. Dr. Oberheiden leads a team made up of the best former Federal, State, local attorneys and investigators that can quickly assess any type of federal legal matter. The collective knowledge and experience of... Dr. Oberheiden and his "Dream Team" have yielded successful outcomes in a significant number of federal legal matters which have benefited his clients time and time again! He and his team are determined to work each case to anticipate a prosecutor's case strategy and identity weaknesses in that strategy. Dr. Oberheiden is a relentless legal strategist that has earned him his favorable reputation among the legal community nationwide! If you want a reliable and results-oriented lawyer working for you, Oberheiden P.C. has my highest recommendation and confidence!read more
MICHAEL K.
MICHAEL K.
During the past year, i had the privilege to work alongside Dr. Nick Oberheiden as a team-member defending the owners of a specialty pharmacy being investigated by the HHS-OIG and the USDOJ. Thanks to Nick's leadership, knowledge and expertise, "Team Oberheiden" earned the pharmacy and its owners exoneration from... criminal and civil penalties. Case closed!read more
bill T.
bill T.
Excellent lawyer! I have been very happy with his legal services and highly recommend Dr. Nick Oberheiden.
Jakob S.
Jakob S.
Nick was extremely professional, polite, helpful, and friendly. He put my friend at ease and made us feel welcome to be with her. He answered our questions even though we were just there for support. Would definitely recommend him to anyone and would use myself if ever needed.
Jamie G
Jamie G
Nick is not smart, he is BRILLIANT! He knows the proceedings of the court extremely well and is a genius when working with prosecutors and judges!He is extremely hard working, and although I knew he was working on multiple cases, every time we dealt with mine, he made me feel that my case is the most important to... him. I will most certainly not be where I am, had it not been for Nick. I had worked with a couple of lawyers before Nick came so highly recommended to me, and I can tell you that he simply light years above them. Nick bats for the big leagues!!read more
Lorraine Emma De B.
Lorraine Emma De B.
I am a retired FBI Special Agent, who worked extensively with many attorneys. I find Dr. Oberheiden ti be very knowledgeable of the healthcare issues. He has a vast knowledge of all federal violations. He is very conscientious about the benefits of his clients. I saw him working around the continent of North America... to assist his clients. One of the great traits of the Oberheiden Law Firm, is that he tackles the allegations long before they reach the court stage. His capable staff is also very qualified and assist all clients as if they are the only client in their firm. I strongly recommend the Oberheiden Law Firm to anyone who has a federal case.read more
Gamal A.
Gamal A.
Nick is extremely professional and knows what he is doing. He is also very kind as a person (unless he is in court!) I would recommend him to just about anyone if they need an amazing lawyer that is top notch and would frankly be scary to face in the court room. He will always do a great job representing his clients.... Thank you very much.read more
Anna P.
Anna P.
Nick is the absolute top expert in any federal case
Jeff C.
Jeff C.
Smart. Smarter. Nick.As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in... action! Very calm and determined, Nick is the absolute top litigator.read more
Whitney Bryant M.
Whitney Bryant M.
Nick has been a friend and trusted advisor for almost 10 years. As anyone just looking at his bio can tell, Nick is an outstanding attorney in highest demand across the country. All healthcare providers should hire attorney Nick Oberheiden!! You will not be disappointed.
Pamela M.
Pamela M.
Dr. Oberheiden has served as council and represented our company on several occasions, even during depositions, contract reviews and providing invaluable advice on multiple occasions that transpired into multilevel success in our business. He and his teams knowledge of both local, state and federal statues,... accompanied by their areas of expertise law regarding best asset protection, estate planning and wealth management solutions have provided both professional and personal growth for my companies, safeguarding them and protection my family’s name and legacy. I would recommend this firm and Dr. Nick Oberheiden without hesitation. I have no doubt that you will experience success with his council.read more
Corban M.
Corban M.
I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and... long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
Brendan C.
Brendan C.
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and... expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Scarlett L.
Scarlett L.
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
Jacqueline S.
Jacqueline S.
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
Ed O.
Ed O.
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL... supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance.Dr. S.T.read more
RAFT C.
RAFT C.
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Michael P
Michael P
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
Marshall M
Marshall M
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Chris A.
Chris A.

Two Months, Two High-Profile Cases of Criminal Healthcare fraud in Hawaii

Consider this: In May 2019, a physical therapist in Oahu was sentenced to 42 months in prison, $3.7 million in restitution, and a $3.7 million forfeiture for submitting false claims to Medicare, Medicaid, and Tricare over a six-year period. According to the DOJ, his unlawful conduct included misrepresenting that he treated patients who were in fact seen by unlicensed staff members and “rounding up” the duration of patient visits to the maximum time allowed. At the sentencing stage of the doctor’s case, the judge emphasized the importance of imposing a substantial sentence in order to, “deter[] others from committing similar crimes.”

Two months later, a doctor in Maui pleaded guilty to two counts of healthcare fraud and one count of prescription drug fraud following a Drug Enforcement Administration (DEA) investigation. According to the DOJ, the doctor was charged with billing Medicare and Medicaid for prescriptions that he wrote for his patients but then subsequently delivered to other individuals. He was also charged with keeping prescribed medications in order to “creat[e] a stockpile from which he could provide ‘trial samples’ to patients without writing them a prescription.”

These are just two of the most high-profile cases from the last year. Many more providers and medical businesses in Hawaii are facing audits and investigations, and those that are not prepared to defend themselves are facing severe penalties.

When is it Time to Be Concerned?

Program auditors and federal agents are working around the clock to fight healthcare fraud and prosecute healthcare providers who intentionally violate the law. So, as a licensed provider, executives, administrators, or business owner in Hawaii, when is it time for you to be concerned?

  • You have Been Contacted by a MAC, RAC, UPIC, or ZPIC – Medicare administrative contractors (MACs), recovery audit contractors (RACs), unified program integrity contractors (UPICs), and zone program integrity contractors (ZPICs) all work with CMS to identify fraudulent overbillings and recoup overpayments on behalf of the federal government. If you have been contacted by one of these contractors, your practice or business is being audited, and you should engage federal healthcare fraud defense counsel promptly.
  • You have Been Contacted by Federal Agents Who Want to Conduct “Interviews” – While federal authorities use a number of formal mechanisms to collect evidence during healthcare fraud investigations (more on this below), they also frequently seek to informally “interview” practitioners and other individuals. These inquiries may seem non-threatening, but federal agents do not visit healthcare providers’ homes and businesses for no reason. If federal agents have shown up at your door, it is important that you speak with a lawyer right away.
  • You have Received a Target Letter or Civil Investigative Demand (CID) – Target letters and civil investigative demands (CIDs) are investigative tools that allow federal authorities to collect an extraordinary amount of information. The grounds for legally challenging the government’s investigative efforts at this stage are extremely limited, and targets must be extremely careful to avoid unnecessarily disclosing information that could expose them to federal prosecution.
  • You have Received a Federal Search Warrant or Subpoena – If you have been served with a federal search warrant or subpoena, this means that federal authorities have strong reason to believe that you have committed (or were involved in the commission of) a federal healthcare fraud offense. You are entitled to legal representation during the government’s search and when responding to the subpoena, and it is strongly in your best interests to engage highly-experienced federal defense counsel promptly.
  • You are Aware of Intentional or Unintentional Misconduct – If you have not yet been contacted by auditors or federal agents but you are aware of intentional or unintentional misconduct (such as overbilling Medicare or improperly prescribing opioid medications), this too is a situation in which experienced legal representation is required. Not only must you come into compliance as quickly as possible, but you may also have an obligation to self-report the violation to the federal government in order to mitigate any potential penalties.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena
Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney & Former District Attorney

Local Trial & Defense Counsel

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (OIG)

Gamal Abdel-Hafiz
Gamal Abdel-Hafiz

Former Supervisory Special Agent (FBI)

Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan
Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern
Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

In each of these scenarios, your first step should be to speak with an experienced federal healthcare fraud defense attorney. When dealing with auditors or federal agents, it is absolutely essential to avoid mistakes that could increase your risk of prosecution. At Oberheiden, P.C., we bring centuries of experience to representing healthcare providers in Hawaii, and we can begin working to protect you immediately.

What are Some of the Most-Common Examples of Healthcare Fraud?

Healthcare fraud can take many different forms; and, during audits and investigations, providers must be careful to avoid unnecessarily producing any records or saying anything that could substantiate civil or criminal allegations. For example, while many providers who have committed unintentional billing errors assume that it is in their best interests to be fully transparent and cooperate in the government’s inquiry, the reality is that these efforts can actually increase providers’ risk of penalization for civil healthcare fraud.

All of the following are common examples of allegations against doctors, pharmacists, clinics, testing laboratories, telemedicine companies, durable medical equipment (DME) companies, and others in healthcare fraud audits and investigations:

  • Intentionally and unintentionally overbilling Medicare, Medicare, Tricare, and the VA
  • Billing for services not provided (“phantom billing”) or for non-existent patients (“ghost patients”)
  • Billing for services that do not quality as “medically necessary” under the applicable program regulations
  • Upcoding, unbundling, double-billing, and other billing and coding violations
  • Falsifying certifications, test results, and other patient records
  • Improperly prescribing or dispensing opioid medications
  • Offering, soliciting, paying, and accepting unlawful referral fees, rebates, or kickbacks
  • Attempting to commit healthcare fraud
  • Participating in a conspiracy to defraud the federal government or unlawfully distribute opioid medications

What are the Potential Penalties for Federal Healthcare Fraud in Hawaii?

The penalties for healthcare fraud under the False Claims Act, the Anti-Kickback Statute, the Stark Law, and other federal statutes are severe. In cases involving civil healthcare fraud allegations, penalties can include:

  • Recoupments
  • Civil fines
  • Treble (triple) damages
  • Attorneys’ fees
  • Non-payment of pending and future claims
  • Loss of Medicare, Medicaid, Tricare, and VA eligibility

When charged criminally under the False Claims Act or the Anti-Kickback Statute, healthcare providers can face criminal fines and federal imprisonment. In criminal cases, DOJ prosecutors may bring charges for mail fraud, wire fraud, money laundering, and other crimes as well, and these charges can add up to create exposure to millions of dollars in financial penalties and decades behind bars.

Are you accused of a federal crime?

Don't delay. Learn about your rights.

Call Dr. Nick Oberheiden now!

888-680-1745

Why Do Hawaii Healthcare Providers and Business Owners Choose Oberheiden, P.C.?

1. Our Team

Our healthcare fraud defense team is comprised entirely of senior attorneys and senior former federal agents. When you choose Oberheiden, P.C., you will not have paralegals and junior associates working on your defense.

2. Our Experience

When facing a federal investigation, who better to have on your side than former federal agents and former DOJ prosecutors? Together, our attorneys have over 70 years of federal prosecutorial experience and centuries of combined experience on both sides of federal healthcare fraud matters.

3. Our Results

We have resolved the majority of our clients’ cases without civil or criminal charges being filed, and to date not a single one of our clients has been penalized under the False Claims Act. We are committed to achieving favorable results for our clients, and we are prepared to do whatever it takes to protect you.

Speak with One of Our Senior Healthcare Fraud Defense Lawyers in Confidence

If you are facing a federal healthcare fraud audit or investigation in Hawaii, we encourage you to contact us promptly to discuss how we can help. To speak with a member of our defense team in confidence, call 888-680-1745 or request a free case assessment online now.

If you are under
investigation
you should contact us today

Contact the Experienced Attorneys of Oberheiden, P.C. Now for a Confidential Consultation

Contact Us Now