Forth Worth Healthcare Fraud Defense Lawyer

Effective Federal Lawyers Defend FBI, DEA, and OIG Healthcare Fraud Investigations in Fort Worth

Attorney Nick Oberheiden
Forth Worth Healthcare Defense
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Fort Worth meeting location – by appointment only: We do NOT accept mail or service at this location.
2833 Crockett St #183
Fort Worth, TX 76107

Just like the rest of the country, Fort Worth is experiencing new heights in federal healthcare fraud investigations. The U.S. Attorney’s Office in Fort Worth and Dallas, two important divisions of the Department of Justice (DOJ) for the Northern District of Texas, utilize specialized and highly trained federal agents to discover any wrongdoing by providers and health business owners. The focus of the investigations are violations of Medicare and Medicaid laws, Stark Law, the False Claims Act, and the Anti-Kickback Statute, but there is also a noticeable push to identify prescribers and pharmacies linked to high amounts of opioid prescriptions. Don’t underestimate the resources of the federal government. Call Oberheiden, P.C. for an experienced Forth Worth Healthcare Fraud Defense Lawyer

Oberheiden, P.C. Is a Defense Team of Former Justice Department Lawyers — Right Here in DFW, Texas

Oberheiden, P.C. understands healthcare audits and investigations. After all, many of our lawyers previously worked for the U.S. Attorney’s Office in Dallas, where they coordinated civil and criminal healthcare fraud, kickback investigations, Medicare fraud, CMS audits, and criminal health fraud trials.

Our DFW office covers:

Former Healthcare Prosecutors, Dallas-Fort Worth Office
1,000 healthcare fraud investigations
Dismissal of state and federal indictments
70 combined years of Department of Justice experience

Many of our attorneys previously supervised FBI, DEA, and OIG healthcare fraud cases for the DOJ in Dallas Fort Worth and are familiar with inspection techniques and defense strategies. We have obtained “No Civil, No Criminal Liability” outcomes for many healthcare clients in Dallas Fort Worth accused of fraud such as:

Medicare Fraud
Medicaid Fraud
Stark Law (Physician Self-Referral Laws)
False Claims Act
Anti-Kickback Statute
Controlled Substances Act
Fraud Against Private Insurance Companies
CMS and Medicare Audits

For many of our satisfied clients, we are among the best federal defense lawyers in the DFW area. We are the only law firm in North Texas with a focus on We are the only law firm in North Texas with a focus on healthcare fraud. Visit our DFW office, or call us today if you are concerned about potentially fraudulent activity allegations against you or your business. Let us take care of these concerns so that you can continue your life. As we have for so many other clients in Dallas, Fort Worth, and across the country — we will find a way to help you navigate the legal process.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

We Help Fort Worth Clients With the Following Audits and Fraud Investigations

Texas, especially Dallas and Fort Worth, are centers of health care fraud investigations due to the federal government’s organized approach to detect and combat fraud. Nationwide, there are only seven cities receiving federal funds for this purpose. The funding supports specialized task forces to prosecute fraud in the healthcare industry. Dallas Fort Worth is one of them. The Medicare Fraud Strike Force is a group of highly trained FBI and OIG agents, fraud investigators, and federal prosecutors. As a result, health care providers with high numbers of Medicare beneficiaries must be more aware of CMS audits and fraud investigations than would be true outside DFW.

CMS Audits:

Medicare Audits & ZPIC Audits. Making current audits for Medicare providers in Fort Worth and North Texas troublesome is the government’s pursuit of a data driven approach to finding fraud. If you are a successful home health agency, or a busier pharmacist than your competitor, that fact alone may lead to a document request. We have supervised many audits for the DOJ and the U.S. Attorney’s Office in Dallas Fort Worth. Our Fort Worth healthcare fraud defense attorneys have seen how mistakes in the first round of document production can impact the entire case. When you contact Oberheiden, P.C. about your healthcare audit, you will receive reliable advice. We will make every effort to see that your practice will not be referred to the U.S. Attorney’s Office. However, we know that honest mistakes happen and that few practices and clinics are perfect. Our job is to analyze mistakes, assess the error rate, and resolve the matter with auditors.

Fraud Investigations:

Illegal Physician “Self-Referrals”. Stark Law prohibits a physician from referring patients for certain types of services when the physician has a financial interest. Facing charges for fraud related to Stark Law violations can be serious, with potential misdemeanor and felony classifications. The most common application of Stark Law is where a physician enters a joint venture with, for example, a toxicology lab, a pharmacy, or an MRI/radiology center. The physician sends scripts and samples to that business without making sure the business relationship is protected under one of the exceptions to Stark Law. Oberheiden, P.C.’s Fort Worth healthcare fraud defense lawyers have a record of convincing federal agents that an alleged violation falls into a protected arrangement. Nick Oberheiden has argued Stark Law cases at the Department of Health and Human Services’ headquarters and appeared before the Office of Inspector General throughout the United States. None of his clients ended up needing to admit to any civil or criminal liability.

Criminal Defense:

Prescription Drug Fraud & Opioid Investigations. Opioid investigations continue to dominate the attention of federal prosecutors. When a practice involves prescribing or dispensing Schedules I-III drugs under the Controlled Substances Act, they must expect ramped up enforcement. Aggressive interventions, search warrants, and even federal arrests have become the norm. The federal government has instructed all federal agencies in Fort Worth to identify, monitor, and arrest those who stray from the government’s opioid policy standards. If you seek proactive compliance advice, or you were notified about a case against you, Oberheiden, P.C. can help. Several of our attorneys previously supervised DEA and FBI agents and our record involves many successful interventions. By providing legal representation against opioid charges across the United States, we are at the forefront against this government effort. We are familiar with the prosecutor’s strategy, and have the experts and skills to challenge and defend. Please call us to discuss your case as soon as you can. We want to make sure there is enough time to introduce a vigorous defense to protect your business and career.

Medicare Fraud, Medicaid Fraud. Medicare Fraud and and Medicaid Fraud are among the most charged offenses in Fort Worth healthcare investigations. Medical professionals, such as physicians and surgeons, often face serious healthcare fraud charges, and our commitment is to defend these professionals and protect their rights and professional reputations against such allegations. Of particular focus are:
- Mental health providers,
- Cardiologists,
- Home healthcare agencies,
- Hospice agencies,
- DME companies, and
- other Fort Worth medical providers with high numbers of federally funded program patients.
The term Medicare fraud encompasses any violation of the Medicare program rules. In particular, billing and kickback violations. Because most Medicare Fraud investigations are criminal in nature and pursued under a federal felony statute (18 U.S.C. 1347), caution is in order. If you or your business receive notice from the U.S. Attorney’s Office in Fort Worth or agents from the FBI or OIG try to interview you or your affiliates, you should contact us right away. The sooner we intervene and clarify the situation, the more likely we can stop the investigation’s progress. Let us assess your situation and find a way to manage this process together.

Illegal Kickbacks, Bribes, and Referral Fees. Fort Worth is known for aggressive enforcement of the federal Anti-Kickback Statute (“AKS”). The AKS prohibits the offering, solicitation, payment, or receipt of any form of compensation for a patient referral. A classic application of the statute is when a physician or healthcare entity enters into a business contract that creates a percentage or commission payment structure. Federal law is very clear that commissions, percentages, and fee payments to recruit Medicare, Medicaid, or Tricare patients is prohibited and constitutes a violation of the AKS. Such actions are considered a federal criminal felony. Attorney Nick Oberheiden has frequently defended providers and health marketing groups against federal fraud allegations. He is available to explain how he avoided criminal charges in these cases.

Forth Worth Healthcare Fraud

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 a Fort Worth healthcare fraud defense lawyer previously in charge of DOJ, OIG, FBI, CMS, and DEA investigations. Our effective federal lawyers defend FBI, DEA, and OIG healthcare fraud investigations in Fort Worth. We are waiting for your call.

FAQs: What Providers in Fort Worth Need to Know about Healthcare Fraud Investigations

Q: Who Are the Targets of Healthcare Investigations in Fort Worth?

DFW is unique when it comes to health care fraud enforcement because Dallas and Fort Worth are among the few cities assigned to the Medicare Fraud Strike Force. The Strike Force is a specialized federal enforcement group comprised of FBI agents and federal prosecutors. Therefore, Medicare providers in Dallas Fort Worth are more likely to be approached for audits or investigations than in most other cities in the U.S. In general, the targets of health care fraud cases in Dallas Fort Worth are the owners of:

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

Q: What Are Common Accusations in Home Healthcare Investigations?

Fort Worth and Dallas are among the country’s most monitored cities when it comes to home health fraud. The Dallas based Medicare Fraud Strike Force, an alliance of specially assigned agents and prosecutors, leads most of the home agency cases. From our involvement, we know the government often claims that services were either not provided, not appropriately supervised by a medical doctor, or were based on referrals constituting illegal kickbacks. When it comes to these accusations, it is critical to engage experienced lawyers as quickly as possible. The longer the government can explore its case without opposition, the more likely the initial suspicion of fraud will be born out. Criminal charges may be the final result. Oberheiden, P.C.’s founder, Nick Oberheiden, has substantial experience and can share with you how he manages to avoid charges and jail time for our Texas clients.

Q: What Should I Do When I Receive an OIG Subpoena?

A popular way for the government to find out if a company committed healthcare fraud is by way of issuing a federal subpoena from the HHS and the OIG. The receiving individual or business is requested to produce certain documents, typically patient files and email/text communications, in addition to marketing and corporate information. If targeted by OIG subpoena, the handling of that subpoena will decide if your case will be civil, criminal, or dismissed. Oberheiden, P.C. has substantial experience with OIG investigations. Several of our attorneys previously oversaw OIG cases in their roles at the U.S. Attorney’s Office and can offer clients valuable insights from that angle. We have also handled many defense cases and were able to conclude matters with no liability outcomes for our clients. Call us today. Don’t let untried counsel ruin your case.

Q: What Are the Penalties for Healthcare Fraud in Fort Worth?

Healthcare fraud can carry both civil and criminal penalties. The art of resolving health fraud cases is by having an experienced Fort Worth healthcare fraud defense attorney assess the situation early. Early intervention can turn a criminal case into a civil case, and a civil case into no monetary liability. In general, federal judges in the Northern District of Texas, which covers Fort Worth, apply criminal healthcare fraud statutes harshly. If the offense is an illegal kickback or billing fraud, the punishment can range up to 10 years per count. Rarely are there no signs of an investigation like a grand jury subpoena or interview requests by federal agents. The earlier a client contacts an experienced Fort Worth healthcare fraud defense lawyer, the less likely the case will result in criminal charges. In light of the severe consequences of criminal fines, restitution, asset forfeiture, and possibly prison, don’t hesitate to begin your defense strategy as soon as possible. Call our DFW office and ask us how we can help.

Q: When Should I Consult With a DFW Lawyer If I Believe that I Am Under Investigation?

It’s never too early but sometimes too late to speak with an experienced attorney about a possible case against you. Many investigations can be successfully terminated at an early stage when the government receives clarifying details that conclude the matter. We often see how a case takes a course of its own because the client or lawyer fails to effectively interact with prosecutors. Oberheiden, P.C. is known for its proactive approach. The high number of cases in which we closed the investigation with no charges are also noteworthy. Please call us or visit our DFW office if you have questions or concerns about a healthcare matter. All initial consultations are free and confidential.

Q: Which Oberheiden, P.C. Lawyer Can Help Me?

One of the nice things about our firm is that every Fort Worth healthcare fraud defense attorney on the team is qualified to help our clients in Fort Worth and throughout Texas. We do not use junior lawyers and the attorneys below are among those with whom you will be working.

Contact Skilled Fort Worth Healthcare Fraud Defense Attorneys Today

If you’re accused of healthcare fraud in Fort Worth or the surrounding area, contact Oberheiden, P.C. immediately to schedule a free and confidential consultation. We can help, reach out today.

Oberheiden P.C.
2833 Crockett St #183
Fort Worth, TX 76107
817-859-8493