Dr. Nick Oberheiden
Dr. Nick Oberheiden is the founding partner of Oberheiden P.C., a national healthcare fraud defense law firm that legally represents defendants and suspects facing healthcare fraud allegations. With Nick’s legal advice, healthcare companies across the country have vigorously defended their interests and invoked their legal rights against serious civil and even criminal allegations of healthcare fraud, abuse, and waste. Nick has personally handled cases that have prevented or avoided decades in prison and protected millions of dollars of assets.
There are numerous subfields within healthcare fraud defense. Nick has successfully handled cases in all of them. Just a few of the most common scenarios that produce allegations of healthcare fraud include:
- Civil investigative demands
- Subpoenas from the Office of Inspector General (OIG)
- Investigations by the Department of Labor (DOL)
- Investigations by the Food and Drug Administration (FDA)
- Drug diversion investigations
- Qlarant investigations and audits
- Recovery audit contractor (RAC) audits
- Zone program integrity contractor (ZPIC) audits
- Laboratory audits
- Qui tam lawsuits
- Wrongful death lawsuits
- Medical malpractice lawsuits, including allegations of telemedicine malpractice
- Medicare administrative contractor (MAC) audit
- Medicare comprehensive error rate testing (CERT) audits
- Medicare targeted probe and educate (TPE) audits
- Medicare fraud investigations
- Medicaid audits
Getting effective legal defense is essential if you are facing any of these scenarios. They can quickly escalate into something far more dangerous to you and your healthcare company. In many cases, these incidents lead to the following types of accusations:
- Healthcare fraud (18 U.S.C. § 1347), including:
- Conspiracy to commit healthcare fraud (18 U.S.C. § 1349)
- Identity theft (18 U.S.C. § 1028) and aggravated identity theft (18 U.S.C. § 1028A)
- False Claims Act (31 U.S.C. § 3729 et seq.) violations
- Violations of the Anti-Kickback Law (42 U.S.C. § 1320a-7b)
- Violations of the Physician Self-Referral Law, also known as the Stark Law (42 U.S.C. § 1395nn)
Some of these allegations are civil, while others are criminal charges that can carry prison time if prosecutors secure a conviction.
Regardless of what you are facing, Dr. Nick Oberheiden can help you deal with it. In the past, Nick and his team of healthcare fraud defense lawyers at Oberheiden P.C. have come in to the assistance of healthcare providers for all of these legal scenarios. In some cases, Nick has helped from the very beginning, guiding healthcare companies and organizations through the compliance process so they could receive a favorable result during an audit and prevent these investigations from escalating into something more severe. In other cases, healthcare companies have approached Nick well into their case – sometimes even on appeal after becoming unsatisfied with their current legal representation – in order to get better legal advice and a more favorable outcome.
Representative Healthcare Clients
During his time as a healthcare fraud defense lawyer, Dr. Nick Oberheiden has legally represented nearly every type of client in the industry. The wide variety of clients that he has helped has given him an unmatched and intimate understanding of how healthcare companies and individuals function on a day-to-day basis. It has also given him valuable insight into the legal concerns and risks that can crop up when there are signs of healthcare fraud, waste, or abuse, and who will likely face that legal jeopardy.
Some of the representative individuals that Nick has defended in healthcare fraud cases have included:
- Medical coders and other billing employees
More often, though, Nick serves as the legal representative for a healthcare company, organization, or corporation. While his legal assistance at the corporate level furthers the company’s interests and protects its rights, that representation also protects many of the individuals that work there from legal liability. Some of the representative types of healthcare companies that Nick has helped in the past have included:
- Pharmaceutical companies
- Medical device manufacturers
- Clinics and doctors’ offices
In many cases, these individuals and corporations have faced significant legal threats that could have crippled their finances, upturned their lives, and potentially even led to a prison sentence. Even when jail time was not a possibility, the legal sanctions on the table have often included:
- Criminal fines
- Civil penalties
- Civil judgment or settlement
- Restitution and disgorgement
- Reputational harm
- Restrictive injunctions
With Nick’s help, these clients have been able to pursue and secure favorable outcomes that have preserved their livelihoods and mitigated the damage of a potentially devastating case.
In other cases, individuals and healthcare corporations have hired Nick to ensure that they do not even face the threat of these legal sanctions. By getting Nick on board early in the game, these clients took the steps necessary to strictly comply with the law and forestall even the illusion that they were committing healthcare fraud.
National Legal Representation
Oberheiden P.C. is a national law firm that represents clients across the country, with law offices in nearly every major city and state, from Georgia to New York to Arizona to Texas. Wherever you need legal help to fight off allegations or the mere suspicion that you are committing healthcare fraud, the lawyers at Oberheiden P.C. can provide it.
Nick’s Bar Admissions
Dr. Nick Oberheiden is licensed to practice the law and to personally serve as your healthcare defense lawyer in the federal district courts in eleven states and parts of two others:
- Missouri’s Eastern District
- New Mexico
- New York’s Eastern and Southern District
- North Dakota
This includes cases that arise in some of the biggest and most important cities for healthcare providers, like:
- New York City
- Ann Arbor
- Santa Fe
- Oklahoma City
- Fort Worth
- San Antonio
But Nick is not merely an option for the preparation of your case and any trial that it produces. Nick is also licensed to practice before many of the appellate courts in the federal system, allowing him to stay with your case even if the initial phase produced an unfavorable outcome and it is necessary to appeal. Nick can represent you during that appeal in the following Circuit Courts:
- Second Circuit, which has jurisdiction over the following states:
- New York
- Fifth Circuit, which includes:
- Sixth Circuit, which covers:
- Ninth Circuit, which oversees:
- Eleventh Circuit, which hears appeals from the southeastern states of:
Nick is even licensed to practice before the Supreme Court of the United States, should an appeal to the highest court in the country be necessary for your healthcare fraud case.
In the Media
Healthcare fraud cases are not confined to the courtroom. In many cases, the reputational harm of an allegation of healthcare fraud ends up hurting doctors and healthcare providers more than the case, itself. It is not uncommon for providers to lose clients and customers because of an allegation of fraud that ends up being baseless and easily defeated.
Dr. Nick Oberheiden knows this. Part of his legal defense strategy is often to control the narrative surrounding a case from the very beginning. To that end, he has appeared on local and national broadcasts to defend his clients and mitigate the reputational harm that they go through because of the allegations of fraud.
This exposure in the media and his notable legal experience have also led journalists to come to him for insight and input in ongoing cases that do not involve his clients, including but not limited to high-profile corruption allegations and the Michael Cohen case. All told, Nick has been interviewed over 1,500 times by reporters for TV, radio, and newspaper outlets, including nationally recognized ones like:
- Los Angeles Times
- The Wall Street Journal
- Forbes Magazine
- Fox News
Dr. Nick Oberheiden’s legal career is the culmination of an extensive and international educational experience.
Nick attended law school at the University of California, Los Angeles (UCLA) and received his juris doctorate (J.D.) there. While at UCLA, he was a research fellow, won the Morris Greenspan Award for Excellence in International Law, and worked as an extern in The Hague, Netherlands, at the Office of the Prosecutor, ICTY.
After graduating from law school, Nick went on to receive both a Diplom Jurist, a master’s level law degree, and a Ph.D. in Germany. The Diplom Jurist degree came from the Universities of Munich, Hamburg, Bochum. His Ph.D. came from the University of Heidelberg School of Law, where his thesis compared several interpretive methods for constitutional analysis, and included personal input from the Chief Justice of Brazil and from former U.S. Supreme Court Justice Stephen Breyer.