OIG Subpoenas

Dedicated Federal Fraud Defense Attorneys Discuss OIG Subpoenas

How to Respond to OIG Subpoenas

OIG subpoena
OIG subpoenas are subpoenas issued by the Department of Health and Human Services and the Office of the Inspector General to investigate healthcare fraud allegations without the involvement of a court. The underlying fraud allegations are typically a violation of the False Claims Act, Medicare Fraud, Medicaid Fraud, Tricare Fraud, or a violation of the Stark Law.


The Goals of Defending OIG Subpoenas

In each case in which our firm is involved in defending OIG subpoenas, we have five goals that we want to establish:

  • No criminal investigation
  • Keeping the investigation confidential
  • Protecting your business and your good name
  • Resolving the request through our channels of communication
  • Negotiating a fair outcome

In order to keep the investigation civil and not criminal, it is critical to have experienced defense counsel, such as our former federal healthcare prosecutors, to be by your side and resolve the allegations by way of confidential and discreet negotiations with the government.

What Prompts an OIG Subpoena?

To many people, receiving a subpoena from the Department of Health and Human Services or the Office of the Inspector General comes as a big shock. OIG subpoenas are typically triggered by one of two events. The most common reason your business will receive an OIG subpoena is because an insider such as a former or current employee or business partner has represented to the government facts and information that the government considers credible enough to look into your business operations. This reporting by an insider such as a former employee is often done by way of filing a qui tam, also known as a whistleblower lawsuit, against your business. The second reason the government becomes interested in your business operations is by investigations conducted by federal agents.

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)

Michael Koslow
Michael Koslow

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)

What Do I Need to Do?

First and foremost, you need to hire experienced defense counsel to assess the subpoena request and the merits of the government’s case. Among the very first steps we take in OIG subpoena cases is to find out for our clients whether or not the case is civil or criminal in nature. OIG subpoenas do not explain if the government is seeking civil penalties or criminal indictments. If we are engaged, we will activate our EMERGENCY DEFENSE PACKAGE to make sure that your business and your name continue to enjoy its reputation.

What is the Emergency Defense Package?

The EMERGENCY DEFENSE PACKAGE is an action plan that we apply whenever a client is the target of a government investigation to avoid criminal charges. Years of experience have shown that too many mistakes are being made in the early stage of a case because business owners attempt to defend their business against the government by themselves. In all of these cases, business owners hurt their business more than they protect it.

This is Why You Are in Good Hands

Nick has been there since the beginning. Throughout this experience he has had made me feel like my case is his most important. He excels in his area of law and I would not hesitate to recommend him to anyone that needs assistance. I am honored to have had him help me through this period.
j A.
j A.
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
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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
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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
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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
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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
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bill T.
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Jakob S.
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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
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Lorraine Emma De B.
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Gamal A.
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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
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Chris A.

When we take over, we activate a number of mechanisms that will prepare your business adequately and instantly to respond to a government investigation. Among those protocols are:

  • Competent Analysis by Former Prosecutors
  • Immediate Action Plan
  • Document Preservation Notices
  • Establishing Channels of Communication with the Government
  • Showing the Government Your “Good Intent” to Defeat Criminal Charges

OIG FAQs

What prompts an OIG subpoena?

In many cases, disgruntled former employees reported alleged misconduct that led the government to investigate the allegations.

What documents are requested in OIG subpoenas?

OIG subpoenas typically request documents about business structure, billing records, financials, marketing materials, existing legal opinions, and email communications between senior company officials.

What happens if I don’t respond?

OIG subpoenas can be enforced by federal prosecutors at the Department of Justice. Not responding to an OIG subpoena may result in contempt of court and criminal investigations.

How do I know if the subpoena is civil or criminal?

By its nature, OIG subpoenas are administrative, and it is not evident from the subpoena itself whether the underlying investigation is civil or criminal.

What is the goal of an OIG subpoena?

The OIG wants to receive and review records that they consider helpful evidence to prove the underlying allegations.

Do I have to produce everything in the subpoena?

It is not uncommon that OIG subpoenas request a large number of documents and emails over a period of many years. Experienced lawyers know and understand how to work out a compromise with the government.

What is the jurisdiction of OIG healthcare subpoenas?

Because the OIG is a branch of the federal government, all OIG investigations necessarily deal with alleged federal program fraud.

What are the most common fraud allegations in OIG subpoenas?

OIG subpoenas are based on Medicare, Medicaid, or Tricare fraud, violations of Stark Law Provisions, violations of the Department of Labor policies and rules, or more broadly, violations of the False Claims Act.

What is the False Claims Act?

This makes it illegal to submit wrong, false, incorrect, or erroneous requests for reimbursement to federal payers such as Medicare and Medicaid.

What are the penalties under The False Claims Act?

The False Claims Act is a hybrid statute that allows the government to collect civil penalties or to initiate a federal criminal investigation.

Which federal agency investigates healthcare fraud?

Depending on the underlying allegations, agents of the U.S. Postal Service, the FBI, or the DEA may be helping the OIG with its investigation.


Success Stories

Oberheiden, P.C. is a team of former federal prosecutors, former Department of Justice trial attorneys, and respected defense lawyers. Many of our attorneys previously supervised OIG investigations in leading positions at the U.S. Attorney’s Office. Throughout our careers, we have handled over 1,000 OIG investigations across the United States. If you received notice from OIG, you should speak with Dr. Nick Oberheiden. Request a free and confidential assessment today. Here are our recent results:

  • OIG Investigation (Anti-Kickback Violations)
    No Civil or Criminal Liability for Our Client.
  • OIG Investigation (Stark Law Violations)
    No Civil or Criminal Liability for Our Client.
  • OIG Investigation (Stark Law Violations)
    No Civil or Criminal Liability for Our Client.
  • OIG Investigation (Stark Law Violations)
    No Civil or Criminal Liability for Our Client.
  • OIG Investigation (Medicare Fraud)
    No Civil or Criminal Liability for Our Client.
  • OIG Investigation (Medicare Fraud)
    No Civil or Criminal Liability for Our Client.
  • OIG Investigation (Medicaid Fraud)
    No Civil or Criminal Liability for Our Client.

Contact Oberheiden, P.C. online today.

Are you accused of a federal crime?

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Why Do Clients Trust Oberheiden, P.C.?

At Oberheiden, P.C., we greatly value our stellar reputation for defending clients against federal investigations. Of course, reputations are built, not bought. Below are some of the reasons why our clients trust us so much.

1. Experience

Our attorneys enjoy decades of experience litigating in federal court, negotiating with federal authorities, and untangling vast and confusing arrays of federal regulations. We can advise you on compliance with federal regulations to minimize your risk of being investigated in the first place, and we can help you respond effectively once an investigation has commenced.

2. Perspective

What perspective means to us is the ability to understand a case from both points of view – not only the defendant’s point of view, but the prosecution’s point of view as well. That goal comes easier to us than it does to most law firms, because several of our lawyers are former federal prosecutors who enjoyed distinguished careers with the Department of Justice (DOJ) before joining us.

3. Results

Quite a number of our clients have been shocked when their investigation or prosecution was closed with no civil or criminal liability. Others have enjoy outcomes that far exceeded their expectations. Over the years, we have successfully resolved cases with both the DOJ and many other federal agencies.

4. Teamwork

Federal investigations and prosecutions are adversarial to the core. It is best, however, to think of it not as a boxing match but as a war between rival armies. The government will certainly draw from its vast resources to assign your case to a team of investigators, federal agents, and prosecutors. You need a team of your own if you are going to fight back effectively. We can provide you with a legal team that has learned over the years to work together cohesively.

5. Commitment

In a worst-case scenario, a federal prosecution could take years of your life away from you. Even more moderate outcomes could include corporate bankruptcy and other long-term consequences. At Oberheiden, P.C., we consider full commitment to our clients to be our sacred responsibility – we will take your case as seriously as if we were the targets of the investigation.

Have You Received An OIG Subpoena? Contact Trusted Federal Fraud Defense Lawyers

Contact our offices today to discuss your OIG subpoena with an experienced fraud defense attorney. We are here to help you.

If you are under
investigation
you should contact us today

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