Illinois Healthcare Fraud Defense Lawyer - Oberheiden, P.C.
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Illinois Healthcare Fraud Defense Lawyers

It Will Be Hard to Find a More Experienced Healthcare Fraud Defense Attorney Serving Illinois

Dr. Nick Oberheiden
Attorney Nick Oberheiden
Illinois Healthcare Defense
Team Lead envelope icon Contact Nick
Illinois address – by appointment only:
205 North Michigan Avenue Suite 810
Chicago, IL 60601
888-680-1745

There is no shortage of lawyers in Illinois but, few Illinois healthcare fraud attorneys can say they dedicate their practice to the defense of healthcare providers and businesses. Healthcare fraud defense lawyer, Dr. Nick Oberheiden, can say this proudly.

Nick has handled hundreds of healthcare fraud cases with many resulting in no civil and no criminal penalties for his clients. Nick knows why a classic criminal defense approach will never work when the U.S. Attorney’s Office, the FBI, the OIG, or the DEA takes over an investigation. You can’t convince a trained healthcare prosecutor or a jury if you don’t master healthcare rules and regulations. Managing murder trials and representing DUI offenders doesn’t give you the experience to understand why a perceived kickback can be justified under a safe harbor provision. Or, why every False Claims Act allegation doesn’t constitute a true false claim.

Featured by media stations across Illinois, Nick is the go-to lawyer when your livelihood and your freedom are challenged by allegations of Medicare fraud, Medicaid fraud, medical billing fraud, or illegal kickbacks. Don’t let the government ruin your life. Speak to Nick, free and confidential, and see how he avoids criminal charges and civil liability for so many clients.

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)

Do You Need Help with Your Case?

  • Are you under healthcare fraud investigation?
  • Is your business under audit? Did you receive a ZPIC notice or Medicare audit?
  • Have investigators served you with a Civil Investigative Demand, a grand jury subpoena, an OIG subpoena, or did they try to interview you about a case?
  • Did your practice go through a DEA or FBI search warrant?

If facing healthcare fraud charges and looking for reliable help, consider the following examples and speak to Nick today. Illinois healthcare fraud attorney Nick Oberheiden will not hand your case to junior lawyers and no assistant will block you off. Call 888-680-1745 today and get a free and confidential assessment from a true Illinois healthcare fraud defense attorney.

  • DEA Opioid Investigation. The DEA investigated Nick’s client for medically unnecessary opioids and potential patient overdoses while these patients were under the medication management care of the targeted physician. The government threatened Nick’s client with “life in prison” and subpoenaed his office to obtain a number of patient charts. Nick and his team stepped in to defend the doctor and to protect his medical license. In a series of negotiation rounds with DEA agents, Nick and his team were able to enter an agreement with the DEA:
    • (1) To not produce any patient charts,
    • (2) To not hand over any financial documents,
    • (3) To not suspend or disbar the doctor,
    • (4) To not press civil or criminal charges against him. Very happy client!
  • DEA Opioid Investigation. The DEA showed up with a search warrant at the pharmacy ready to seize hundreds of files and essentially disrupt the pharmacy’s operations to a point of expected bankruptcy. The DEA also demanded a surrender of all DEA privileges. Nick and his team intervened into the investigation and, after a quick analysis of the facts and the allegations, determined that there are no grounds for a DEA investigation, let alone a voluntary license revocation. A series of (tough) conversations with the DEA convinced the government that there was in fact no drug diversion issue at the pharmacy and that there was no legal need to take the pharmacy’s DEA privileges. The pharmacy continues its business!
  • Grand Jury Investigation. The Department of Defense, the Department of Justice, the DEA, and the FBI accused Nick’s client of violating the Controlled Substances Act and receiving illegal kickbacks for referrals. Nick knew that he had to convince the government that his client’s prescriptions fell within the accepted standards of medicine and did not violate 21 U.S.C. 841. Nick was able to introduce information and healthcare defenses that demonstrated alleged kickbacks, even though they appeared illegal on the surface, were in fact defendable and justifiable under pertinent rules. Instead of facing criminal charges and potential jail time, Nick’s client went back to taking care of his patients without his employer ever knowing that the physician was only inches away from an indictment.Client is thrilled!
  • Grand Jury Investigation. The Department of Justice and the FBI accused Nick’s client, a healthcare business, of Medicare fraud and illegal kickbacks. Nick took on the representation, studied the file, listened to his client’s version of the story, and began negotiations with the U.S. Attorney’s Office, the OIG, and the FBI. As it turns out during the investigation, the government misconstrued the facts based on discredited witnesses and overzealous agents. Agreeing with Nick’s arguments, the prosecutor in charge discontinued its investigation of Nick’s client. Client is overjoyed!
  • OIG Subpoena. The Department of Health and Human Services (HHS) and the Office of Inspector General (OIG) subpoenaed Nick’s client, a large healthcare conglomerate, to establish violations of the federal False Claims Act and Medicare Fraud. Sensing that this was whistleblower case brought by a former employee of the company, Nick immediately began an internal investigation and presented his compliance efforts and findings to the U.S. Attorney’s Office. Nick’s compelling presentation there and the information he was able to gather in connection with consultants and experts convinced the government not to intervene and to end the investigation. Client is relieved!
Illinois Healthcare Fraud Defense Lawyers

10 Important Questions About Healthcare Fraud Investigations in Illinois

Q: What Is the False Claims Act?

The False Claims Act is a federal civil and criminal statute imposing liability for Illinois individuals or businesses committing Medicare and Medicaid fraud. This type of fraud means you are liable for submitting incorrect, false, or fraudulent claims to Medicare and Medicaid. Because the False Claims Act offers rewards for those reporting alleged federal healthcare fraud, the statute is used in whistleblower cases brought by former employees against healthcare businesses. Civil liability under the act does not require deliberate or willful misconduct. If your business submits incorrectly coded claims, and bills the services to Medicare, the submission itself can be enough for liability. All that’s required to violate the statute is a showing that you should have known the code was incorrect.

Q: What Is a Whistleblower Case?

A whistleblower lawsuit is brought by someone, referred to as the “relator,” who reports violations of federal healthcare statutes to the U.S. Attorney’s Office. The provision for bringing a whistleblower case is in the federal False Claims Act. Underlying misconduct reported in the complaint can be any violation of federal healthcare laws. Misconduct like Medicare fraud, Medicaid services fraud, or illegal kickbacks are included if the violations result in damages to the federal government. Whistleblower cases involve financial reward for the whistleblower, so they often target successful healthcare businesses. If your company experiences such a challenge, contact whistleblower defense attorney Dr. Nick Oberheiden, J.D., Ph.D. and learn how to discredit the witness and the investigation without paying the government huge penalties.

Q: Our Business Received a CID or OIG Subpoena: What Now?

If your Illinois business receives a Civil Investigative Demand (CID) or an OIG subpoena, chances are you’re under investigation for alleged False Claims Act violations. The government has an obligation to investigate whistleblower claims. Prosecutors frequently issue subpoenas requesting documents and information to verify the claims. The tools used are CIDs and OIG subpoenas. Attorney Nick Oberheiden has successfully resolved many government subpoena investigations. He understands the importance of opening a dialogue with the government to secure an extension. Negotiations then begin for a case resolution early in the investigation. This strategy pushes the case along more quickly than just producing the requested information. The advantage of this proactive approach is to educate the prosecutor and to clarify facts. Ultimately, you want to convince the government to cease its investigation. Illinois companies affected by a CID or DOJ subpoena can request a free consultation to explore the nature of the investigation and to hear about proven defense techniques. These techniques have worked for Nick’s clients in dozens of cases.

Q: Do I Go to Jail If I am Accused of Illegal Kickbacks?

Violating the Anti-Kickback Statute and being found guilty or convicted are not always the same thing. Although the federal AKS contains extreme penalties such as years in federal prison, each case is different. Anti-Kickback defense attorney Dr. Oberheiden has represented many clients in grand jury investigations, OIG subpoenas, and other federal matters. All involved alleged illegal kickbacks. He has resolved a majority of these cases without his client being charged, indicted, or incarcerated.

Q: Do I Go to Jail If I am Accused of Drug Diversion and Opioid Abuse in Illinois?

Drug diversion and opioid prescription issues in the U.S. are top priority for the federal government. When it comes to an effective defense against false prescription fraud allegations, it’s critical for an attorney to clearly understand the Controlled Substances Act. For example, the government may claim certain medications were not medically needed. Or, that the medication stands outside the accepted scope of customary pain management measures. DEA defense attorney Nick Oberheiden, sometimes with experts, has defeated such allegations with clarifying information and compliance updates. Nick has reviewed thousands of patient charts. He knows what the government is looking for and how to present strong files and defense cases. If you have questions or concerns about compliance, don’t hesitate to call Nick to get advice from an experienced attorney. He can help you avoid charges and jail time.

Q: Do I Go to Jail If I am Accused of Medicare Fraud in Illinois?

Medicare fraud investigations in Illinois are arguably more forceful than elsewhere. This is due to the presence of the Medicare Fraud Strike Force in Chicago. The Strike Force is a group of federal agencies and prosecutors tasked to investigate businesses with mostly Medicare patients. Not every Medicare violation, let alone allegation, is a crime. Experienced Medicare fraud defense attorneys have proven that original suspicion of fraud rarely ends up as charges—provided that an attorney has a chance to intervene early and repair things before the case takes a course of its own.

Q: What Are the Stages of a Healthcare Fraud Investigation in Illinois?

Most clients first learn about a healthcare fraud investigation or that they are alleged healthcare fraud offenders when they receive some kind of notice. It can come from the U.S. Attorney’s Office, or when they hear about agents trying to interview staff members. If this happens to you, please call qualified counsel right away. This is your opportunity to stop the investigation before it proceeds too far. The next level of an investigation can be a search warrant, an arrest warrant, or an indictment. All three require a decision maker to find probable cause a crime was committed. Following an indictment, the government must share its file and evidence with the defendant and his/her counsel. Having all the information helps make the decision to plead guilty or defend the case at trial. All federal criminal trials are jury trials.

Q: What Does the Federal Stark Law Prohibit?

Healthcare providers in Illinois are expected to comply with all federal rules and regulations, including Stark Law. Under Stark Law, a physician is prohibited from referring certain healthcare services to an entity where the physician or his/her immediate family member has a financial stake. For example, a surgeon can’t refer (Medicare) physical therapy patients to a physical therapy entity where that physician has an ownership or financial interest. Stark Law violations are civil in nature, but can be criminal cases under a portion of the False Claims Act. Call Illinois Stark Law attorney Nick Oberheiden today to find out how he resolved Stark Law cases in the past by applying existing exceptions to the transaction in question.

Q: How Would It Work to Switch Lawyers to Nick?

The easiest step in the entire process is to call Nick and get a free and confidential case assessment. All calls at 888-680-1745 go to his mobile phone and are answered by Nick. If you are currently represented, Nick will gladly share his opinion and the experience of hundreds of healthcare fraud cases handled to help you determine if moving the case is in your best interest.

Q: How Much Does It Cost to Hire Nick Oberheiden?

Every client’s financial resources are different. Nick and his team will work with you and offer a tailored approach. It may be a reasonable hourly fee or a preset fixed fee to give you foresight regarding your legal costs. One advantage of our firm is that you won’t pay for partners and associates because Nick will not delegate your case to associates, paralegals, or clerical assistants.


Call Our Illinois Healthcare Fraud Defense Attorneys Now to Defend Your Future

Nick Oberheiden does not practice Illinois state law. Nick is licensed in the Northern and the Central District of Illinois and he limits his practice to federal law, in particular federal healthcare fraud defense cases. If you need healthcare fraud defense in Illinois, get an appointment with him by contacting him online, or calling 888-680-1745 to speak to Nick directly today!

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