Chicago Medicare Fraud Defense Lawyers - Oberheiden, P.C.
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Chicago Medicare Fraud Defense Lawyers

The Oberheiden, P.C. is a Medicare fraud defense law firm serving Chicago, Illinois and the surrounding area. We represent individuals and entire healthcare systems under investigation by the federal government, in need of qui tam defense, jury trials, or involved in a federal audit. Additionally, we help our clients by designing and implementing compliance programs for federal regulations. Oberheiden, P.C. includes lawyers with superior legal educations and knowledge as healthcare fraud prosecutors and senior trial lawyers.

Chicago address – by appointment only:
205 North Michigan Avenue Suite 810
Chicago, IL 60601
888-680-1745

What Is Medicare Fraud?

Medicare fraud occurs when at least one claim is filed with a federal healthcare program and the claim includes an error. This includes more than Medicare. It also covers Medicaid, Tricare, and federal workers’ compensation. These claims are filed with a federal healthcare program by providers, businesses, and entities that want to be reimbursed for providing care or equipment to a program beneficiary. When you’re accused of Medicare fraud, you’re being accused of violating at least one of the following statutes:

Chicago is one of nine areas in the nation that is under constant watch by the Medicare Fraud Strike Force for instances of Medicare fraud. Chicago has a large population of residents who rely on a federal healthcare program. Because of the number of beneficiaries in the area, more claims are filed for reimbursement. This is what causes the federal government to watch for Medicare fraud.

The Medicare Fraud Strike Force is a team of prosecutors and investigators from various federal agencies including the DOJ, DEA, DOD, Department of Human Services, the Office of Inspector General, the FBI, and the IRS. However, other federal agencies can be involved. If you’re being investigated by the Medicare Fraud Strike Force or if you’re contacted by a federal agency, call the Chicago Medicare fraud defense attorneys at Oberheiden, P.C. right away. Your first call is free and confidential.

Chicago Medicare Fraud Investigations

Medicare fraud investigations in Chicago often start because of a mistake made on a claim. Often, the mistake relates to billing, such as an unauthorized charge, an excessive charge, or an incorrect charge. The most common errors made on Chicago claims are:

  • Phantom billing – billing for services that were never performed;
  • Double billing for medical equipment or services;
  • Submitting a claim for medically unnecessary medical services or equipment;
  • Submitting a claim for medically unnecessary medical supplies;
  • Submitting a claim for a medically unnecessary certification (including a claim for hospice or home healthcare);
  • Inflating charges;
  • Up-coding;
  • The overuse of medical equipment or services;
  • Providing or accepting kickbacks.

Common targets of Medicare fraud investigations in Chicago are doctors, nurses, and nursing homes. However, other individuals, businesses, and facilities that file federal healthcare claims can be investigated.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

The Civil and Criminal Penalties of Medicare Fraud in Chicago

Medicare fraud allegations in Chicago may result in civil or criminal charges being filed against you or your business. Civil federal penalties may include:

  • Repayment of claims in questions;
  • Future claims aren’t paid;
  • A fine of up to $11,000 per false claim;
  • Exclusion from federal healthcare programs;
  • Assignment of treble damages;
  • Attorney fees
  • You could also lose your hospital privileges and your professional license.

Criminal federal penalties in Chicago may include:

  • Chicago Medicare Fraud Defense Lawyers Fines that cost you hundreds of thousands of dollars, even for a misdemeanor;
  • A criminal record;
  • A federal prison sentence of up to 10 years for each count of Medicare fraud for which you are convicted;
  • Federal prison sentence of up to 20 years for each count of Medicare fraud that resulted in serious bodily harm to the patient or patients;
  • A life sentence in federal prison for Medicare fraud that results in the death of a patient.

Choosing the Right Chicago Medicare Fraud Defense Lawyer

In Chicago, Illinois, a Medicare fraud allegation is very serious. You need to hire a healthcare fraud defense lawyer to help you during this time. As you look for an attorney, watch for the following:

  • A successful record when handling Medicare fraud cases;
  • Knowledge of the Medicare fraud and healthcare fraud laws and regulations;
  • Knowledge of statutory exceptions;
  • Both litigation and jury trial practices.

You should then ask the Chicago Medicare fraud defense attorney the following questions:

  • How many Medicare fraud cases have you handled throughout your career?
  • How many of those resulted in neither civil, nor criminal charges or in dismissals for your clients?
  • How many of those cases were tried in court?

Medicare Fraud Defenses in Chicago

Oberheiden, P.C. provides Medicare fraud defenses for Chicago clients. We are knowledgeable federal trial lawyers and negotiators. We understand the importance of settling with the federal government where we can, but we’re also ready to go to court on your behalf. We’ve represented hundreds of clients across the nation.

We make immediate contact with the federal government. When you retain us, we immediately contact the federal government. Our objective is to get answers to the most important questions:

  • What is the investigation about?
  • What prompted the investigation?
  • Is the investigation civil or criminal?
  • Which federal agencies are involved?
  • What is the ultimate goal of the government?
  • How can this matter be resolved?

Getting answers to these questions can help us plan your defense and it can mean the difference between a civil settlement and criminal charges. Often, we are able to get answers in just a few hours.

Analyzing the evidence. The government must meet a legal standard known as “beyond a reasonable doubt” when they present evidence to prove you committed a crime. We review the evidence. This is an important strategy that often results in:

  • Dismissal of charges;
  • No criminal charges;
  • Client retains professional license;
  • Civil fine with no criminal plea;
  • Reducing a felony to a misdemeanor;
  • No federal prison sentence.

Proving there is no criminal intent. The federal government must also prove that you acted with criminal intent. This is difficult for them to prove because most people do not set out with the intention to commit fraud. These investigations often start because of a mistake made by a person or a business. The most common mistakes made are:

  • Using unqualified staff;
  • Inadequate supervision;
  • Inappropriate delegation and outsourcing;
  • Structural errors;
  • Human errors;
  • Lack of oversight;
  • Employees who are overwhelmed;
  • No Medicare compliance program in place;
  • Changing healthcare laws and rules.

Our Chicago Medicare fraud defense lawyers work to prove that you made a mistake and that you did not act with criminal intent.

Choosing the most effective Medicare fraud defenses for Chicago clients. Reviewing each case allows us to choose the right Medicare fraud defenses for each client. In one of our recent cases, a client was accused of providing a fraudulent certification for home healthcare services. We were able to prove that our client was protected by a recognized delegation exception and that the certification was compliant within the law. In another recent case, we refused to admit liability on behalf of our client. Instead, we proved to the federal prosecutor that our client acted within a safe harbor exception.

Oberheiden, P.C.

Oberheiden, P.C. serves Chicago, Illinois and the surrounding areas. We represent represent individual providers, entities, business owners, executives, lawyers, clinics, pharmacists, pharmacies, and other related medical entities under investigation for fraudulent billing, illegal kickbacks, and allegations of medically unnecessary services, services not rendered, or unlawful joint ventures. We can help you in many areas, including:

  • Healthcare fraud defense
  • Compliance program creation and implementation
  • Internal investigations
  • Asset protection
  • Licensure or disciplinary proceedings
  • Jury trials

Oberheiden, P.C. provides legal advocacy for individuals, entire healthcare systems, or businesses in Chicago, Illinois and the surrounding areas when they are contacted by the DOJ, Department of Defense, the FBI, the DEA, the Office of Inspector General, Medicare Fraud Control Unit, the IRS, Chicago or Illinois law enforcement. The initial call is free and confidential.

Our Track Record

  • Defense of Medicare laboratory against investigations by the Department of Justice and the U.S. Attorney’s Office for alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of a healthcare services company against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged False Claims Act and Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of Medicare laboratory against investigations by the Department of Health and Human Services and the Office of Inspector General for alleged Healthcare Fraud.
    Result: No civil or criminal liability.
  • Defense of nationally operating healthcare company against an investigation by the Department of Defense for alleged Tricare fraud.
    Result: No civil or criminal liability.
  • Defense of healthcare marketing company against an investigation by the Office of Inspector General for alleged False Claims Act and Medicare violations.
    Result: No civil or criminal liability.
  • Defense of a laboratory against an investigation by various branches of the federal government for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of physician-owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Department of Justice for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged False Claims Act violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by various branches of the federal government for alleged False Claims Act, Stark Law, and Medicare violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Department of Defense for alleged Tricare fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Department of Justice for alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of physician-owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of healthcare management organization against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of nationally operating laboratory against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability.
 

Our Chicago Medicare fraud defense attorneys are available every day of the year. Call, complete our contact form, or email us directly.

888-680-1745
Including Weekends
Oberheiden, P.C.
Serving Chicago, Illinois and Surrounding Areas
www.federal-lawyer.com

Additional Pages for Chicago, Illinois

This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden, P.C. is a Texas PC with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.
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