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El Paso Healthcare Fraud

Experienced El Paso Federal Lawyers Defend Against FBI, DEA, and OIG Healthcare Fraud Investigations

El Paso address – by appointment only:
2300 George Dieter
El Paso, TX 79936

The El Paso healthcare fraud defense attorneys at Oberheiden, P.C. have remarkable government and federal fraud investigation experience. Our lawyers focus on defending healthcare providers in El Paso and throughout the State of Texas against all types of federal fraud investigations.

  • Medicare Fraud Criminal Charges
  • Medicare Audit, CMS Audit
  • Anti-Kickback Violations
  • Controlled Substances Act
  • False Claims Act (Whistleblower)
  • Stark Law
  • Fraud Against Private Insurance Companies

Our Texas firm is headed by its founder, Dr. Nick Oberheiden. The firm’s federal healthcare fraud defense team includes former health fraud prosecutors with the U.S. Attorney’s Office and the U.S. Department of Justice (DOJ). Using prior government and prosecution experience, we design and execute defense strategies according to your circumstance. Our attorneys take a team approach and focus the full weight of our attorneys’ experience on our clients.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden



Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney


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)

Oberheiden, P.C. Is a Texas Defense Team of Former Justice Department Lawyers

Our attorneys are highly experienced as former federal prosecutors and defense lawyers. We have served as counsel in cases involving virtually all types of health fraud allegations in El Paso. Our firm’s attorneys have represented clients in cases involving the U.S. Department of Health & Human Services’ (DHHS), the Office of Inspector General (OIG), the DOJ, the Drug Enforcement Administration (DEA), the Medicare Fraud Strike Force, and other federal agencies. We have secured successful resolutions for clients involving Medicare, Medicaid, and alleged fraud against commercial insurance programs.

  • Avoided Criminal Charges in Large Number of Fraud Investigations
  • Settled False Claims Act Cases With No Liability for Our Clients
  • Obtained Probation in Medicare Fraud Cases
  • Saved Dozens of Medical Providers’ Licenses

Many of our attorneys previously supervised OIG, FBI, and DEA cases at the Department of Justice and understand the investigative techniques. We have obtained “No Civil, No Criminal Liability” outcomes for the following clients, including in El Paso:

  • Physicians (Wide Variety of Specialties)
  • Dentists
  • Mental Healthcare Providers (Psychologist, Counselors, Psychiatrists)
  • Home Healthcare Agency
  • Hospice Owners
  • Sober Living, Urine Toxicology Laboratory
  • Marketing Companies
  • Pharmacies

Many of our clients find that we are among the best lawyers for resolving healthcare fraud matters without criminal or civil liability.

Call us today if you are concerned about a potential fraud allegation against you or your business. Let us take care of these concerns so you can focus on your practice. As we have for so many other clients in El Paso and throughout Texas — we will find a way to help you.

El Paso Healthcare Fraud

We Help El Paso Providers With Audits and Fraud Investigations

West Texas and El Paso are declared centers of healthcare fraud investigations. El Paso providers with high numbers of Medicare beneficiaries, (e.g. home health agencies, hospice agencies, DME companies, cardiologists, mental health programs etc.), must be more sensitive to CMS audits and fraud investigations than in other U.S. cities.

CMS Audits:

  • Medicare Audits & ZPIC Audits. In the past, Medicare providers received an audit request because they were randomly chosen for routine screening. Today, many providers in El Paso receive notice from CMS because they see more patients than their competitors. The selection process is no longer random, but based on suspicion of fraud. That’s important to keep in mind because there is often already a presumption of guilt. Oberheiden, P.C. uses former Department of Justice healthcare prosecutors to counter that presumption. From our experience, the sooner we are contacted, the more likely the audit can be resolved. Sadly, many clients contact us when they tried to manage an audit on their own. They then risk second or third review audits and possible referral to the U.S. Attorney’s Office. Don’t let that happen to you. Let us handle your MAC, ZPIC, CMS matter upfront.

OIG Investigations:

  • OIG Subpoenas. The Office of Inspector General (OIG) and the Department of Health and Human Services (HHS) have a strong presence in El Paso. Both agencies are the healthcare fraud enforcement arm of the DOJ and employ highly skilled agents. If you receive a subpoena or a visit from the OIG, you are under serious fraud suspicion. Attorney Nick Oberheiden has substantial experience with OIG cases. He successfully represents providers and businesses of all types against government actions. Dr. Oberheiden is one of the few lawyers who has argued defense cases at the HHS and OIG headquarters in Washington D.C. He has negotiated client cases away from payment suspension and fraud allegations. If your case centers around alleged False Claims Act violations, Stark Law, Medicare rules, Anti-Kickback issues, or other matters, you should speak to Nick Oberheiden and his team. They can give you a realistic and reliable case assessment.

Criminal Defense:

  • DEA Investigations. El Paso, like the rest of the country, is subject to close observation by federal law enforcement when it comes to opioid prescriptions. El Paso is home to a DEA field office with enormous resources and specific orders. Their agents are charged with investigating and arresting medical providers and pharmacy owners who run and support pill mills. DEA agents also identify pain management physicians, internal medicine doctors, family practitioners, and other doctors who show up in centralized DEA databases as “outliers” for prescribing Schedule I, II, or III medications. If your practice is a target of the DEA, or if you want to find out how DEA agents may investigate your practice by using undercover agents, you should contact Oberheiden, P.C. We are at the forefront of defending physicians and pharmacies across the United States against unjust charges and alleged violations of 21 U.S.C. 841 and 21 U.S.C. 846.
  • Medicare Fraud, Medicaid Fraud. The U.S. Attorney’s Office in El Paso is known for its rigid enforcement of Medicare laws and rules. El Paso is home to a disproportionate number of Medicare and Medicaid beneficiaries. Traditionally, El Paso providers have been in the limelight for healthcare fraud investigations involving:
    • Dentists,
    • Pediatric dentists,
    • Cardiologists,
    • Oncologists,
    • Home health and hospice agencies,
    • DME businesses, and
    • Labs.
    • If your practice is subject to a Medicare audit, receives notice from the Attorney General’s Office, or is targeted in a criminal investigation, contact the former Medicare prosecutors of Oberheiden, P.C. right away. We have helped many clients accused of fraud by turning the case around. No case is too hopeless. Discuss your situation, whether preventive or a defense case, with former Assistant United States Attorneys and experienced healthcare defense lawyers. Initial consultations are free and confidential
  • Illegal Kickbacks, Bribes, and Referral Fees. The Western District of Texas, which covers El Paso, aggressively enforces the federal Anti-Kickback Statute (“AKS”). The AKS prohibits the offering, solicitation, payment, or receipt of any form of compensation for a patient referral. From experience in the Western District of Texas, we know the U.S. Attorney’s Office in El Paso closely monitors relationships between health marketing companies and physicians. Recent AKS cases included toxicology labs, pharmacies, nursing homes, and hospitals. If you have reason to believe your business is part of an AKS investigation, don’t wait to seek counsel. Discuss your situation with the Texas-based former U.S. prosecutors of Oberheiden, P.C. and find out what needs to be done to avoid, mitigate, or dismiss charges.

The attorneys at Oberheiden, P.C. are available to discuss your situation in a free and confidential consultation, including on weekends. You will benefit from a reliable assessment from those lawyers previously in charge of DOJ, OIG, FBI, CMS, and DEA investigations. We are waiting for your call.

FAQs: What Providers in El Paso Need to Know about Healthcare Fraud Investigations

Q: Who Are the Targets of Healthcare Investigations in El Paso?


The targets of El Paso healthcare fraud investigations are primarily those in the health sector that generate a high volume of Medicare or commercial insurance revenue. Sadly, the government investigates providers based on computer data. Anyone who shows as an “outlier” may become a target. In fact, Oberheiden, P.C. has successfully defended honest physicians in El Paso and throughout Texas who had to justify why they see more patients and generate more revenue than some of their peers. From our experience in El Paso, the target list also includes:

  • Home Health & Hospice Agencies
  • Physicians and Nurses Involved in Home Health Services
  • Opioid Prescribing Physicians
  • Toxicology & DNA Laboratories

Q: What Are the Penalties for Healthcare Fraud in El Paso?


Healthcare fraud can be both civil and criminal. The art of resolving this type of fraud is by having experienced lawyers assess the situation early. Our firm’s attorneys work to turn a criminal case into a civil case. Then, we seek to transform a civil case into no monetary penalties. Generally, federal judges in the Northern District of Texas apply criminal health fraud statutes harshly. Whether the offense is an illegal kickback or billing fraud, the punishment can be up to 10 years for each count charged. Rarely are there no signs of an investigation. A grand jury subpoena or interview requests by federal agents are good clues to an ongoing inquiry. The earlier a client contacts experienced health fraud defense attorneys, the less likely the case will result in criminal charges or liability. In light of hefty criminal fines, restitution, asset forfeiture, and possible incarceration, you should begin your defense strategy right away. Call our DFW office and ask us how we can help.

Q: When Should I Consult With a Lawyer?


Given the aggression of current government healthcare fraud investigations, it can’t be too early to consult with experienced lawyers. In fact, an early plan produces the best defense strategy. Clients in El Paso routinely contact Oberheiden, P.C. to learn about fraud investigations and to find out what the government intends to do in their cases. Our lawyers begin by opening a dialogue with the prosecutors and agents. This approach allows us to provide you with answers to your most pressing questions. The information will also help to outline our defense approach.

Q: Which Oberheiden, P.C. Lawyer Will Represent Me?


Depending on the nature of your case, one of our highly experienced lawyers will be available to help you. Oberheiden, P.C. will never delegate your case to a paralegal or a junior lawyer. From the moment you call us, you will speak to real lawyers who have resolved numerous Medicare fraud, Medicaid fraud, healthcare fraud, kickback, and False Claims Act investigations. Please ask to speak to any of our lawyers, including on weekends.

Experience in All Government Healthcare Fraud Matters

Our healthcare fraud defense team will provide experienced and sound legal advice for El Paso health providers. If your practice or business is under investigation, or if you have concerns about potential billing violations, our lawyers can take quick action to mitigate adverse effects. In short, we will pursue all available courses of action to help you address any civil or criminal allegations or charges.

Contact the Trusted El Paso Federal Healthcare Fraud Defense Lawyers

To schedule a free case assessment at Oberheiden, P.C., please call 888-680-1745 or contact us online. We are available to talk to you seven days a week, and if we cannot respond immediately we will be in touch as soon as possible.

Oberheiden, P.C.
Compliance – Litigation – Defense

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