Miami Healthcare Fraud Attorneys

Miami healthcare providers are often the target of high-stakes healthcare fraud investigations. These charges can jeopardize a practice and potentially ruin careers. Are you under investigation? Contact the experienced Miami defense attorneys of Oberheiden, P.C. today.

Miami is home to one of nine areas with an established federal healthcare fraud task force. When confronting charges brought by this task force or other federal agencies, like the Department of Health and Human Services (HHS), Department of Justice (DOJ), or Federal Bureau of Investigation (FBI), it is critical to consult a lawyer experienced in healthcare fraud defense.

Oberheiden, P.C. offers healthcare fraud defense for medical providers, businesses, and entities that find themselves targeted by federal agencies. Our Miami, Florida lawyers have over 100 years of combined legal experience. We can design a legal defense customized to your situation.

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Denver F.

Fantastic lawyer - so dependable. We've worked with Nick for over 4 years and he is the best at what he does.

Marcel L.

Attorney Lynette Byrd was so kind and helpful with my case. I would highly recommend her legal services.

Chris Q.

Nick Oberheiden is an excellent attorney. He is hardworking, smart and intelligent.He takes a proactive approah on cases. He has dedicated team of former federal lawyers and investigators that are available to get results on cases. I recommend him highly.

M R.

Dr. Nick is acutely aware of the intricacies and subtleties of the relevant legal issues, and he is also gifted at explaining the issues in simple, easy-to-understand language. He has an outstanding rapport with the prosecutors - a critical talent for an Attorney trying to prevent prosecution or minimize criminal exposure of his clients. He is a master of multi-tasking, so you can be rest assured that he is always up-to-date with your representation. I believe that his European background allows him to view the totality of your case from an extra “dimension,” which allows him to craft exceedingly effective strategies and proffers. His caring and empathetic attitude goes a long way in helping you to keep up your spirits through the process. I could not have hoped for a better outcome. I unreservedly recommend him - he is a true Master of the trade!

Michael D. W.

When your freedom, family, or fortune are at stake - it's best you meet Nick Oberheiden. Respected by the judges, his peers, colleagues, and clients - Nick is known to get results. Putting his keen intellect aside, one cannot help but appreciate his genuine desire to protect his clients and prevail. His cell number is in my phone for good reason. And if I ever need him, I know he'll be there - ready to win.

Gerrid S.

I've had the pleasure of working with Nick over the last few years. Without a doubt, Nick is the best federal criminal defense attorney I've ever worked with. I wouldn't hesitate to recommend Nick and his team to any friend or family member. Keep up the great work.

What Is Healthcare Fraud?

Health care fraud is a crime involving false information, hiding information, or misleading a person or entity in order to gain benefits or financial advantage. Healthcare fraud appears under a variety of federal and state statutes.

Federal Healthcare Fraud Charges

One common statute federal investigators and prosecutors use in healthcare fraud cases is 18 U.S.C. § 1347. For conviction, federal prosecutors must prove the following legal elements beyond a reasonable doubt:

• The defendant knowingly and willfully enacts or attempts to enact a scheme to defraud a federal program.

• The defendant falsely obtains a benefit from a healthcare program.
• The defendant makes false statements related to a material fact.
• The defendant acted in a willful manner intended to defraud the healthcare benefit program.
• The defendant’s actions were in connection with the delivery of healthcare benefits, items, services, or payment.

There are many laws federal prosecutors can use to charge practitioners and entities with healthcare fraud:

• The False Claims Act protects the federal government from overcharging goods or services. The Act allows federal authorities to charge violations for each false claim. Violations can result in huge civil or criminal penalties and possible exclusion from further billing to the program. In addition, it provides rewards for whistleblowers, motivating reports from anonymous sources. The Act allows federal authorities to charge violations per each false claim that can result in significant penalties to healthcare providers and possible exclusion from further billing to the program. Additionally, it provides rewards for whistleblowers, which may motivate reports from anonymous sources.
• The Anti-Kickback Statute makes it illegal to pay or receive anything of value for referrals to government healthcare programs.
• The Stark Law prohibits doctors from referring Medicare patients to entities in which the doctor or an immediate family member has an ownership or investment interest.

• The Controlled Substances Act investigates potential criminal violations of Drug Enforcement Administration laws. It includes monitoring physicians selling prescriptions or writing them for unnecessary medication.

State Healthcare Fraud Charges

Many instances of healthcare fraud may be prosecuted at both the state and federal levels. For example, Medicaid is a program managed by both state and federal governments. Therefore, a person may be responsible at both levels for Medicaid violations.

Florida law defines healthcare fraud as false presentation or intentional deception of a healthcare program resulting in unauthorized benefit to the individual or a third party. Most forms of healthcare fraud in Florida are third-degree felonies.

Put our highly experienced team on your side

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)

Types of Healthcare Fraud

There are several activities that can rise to the level of healthcare fraud, including the following:

• Billing for services not rendered
• Fraudulent billing for a non-patient
• Billing for more hours than those rendered
• Duplicate billing
• Illegal fee sharing
• Billing for unnecessary services
• Falsification of credentials
• False cost reports
• Accepting kickbacks
• Illegal prescribing of medications
• Nurses ordering medications without the approval of the physician
• Counterfeit prescriptions
• Theft or sale of patient medications
• Forging prescriptions

If charged with one of these offenses, it is vital to retain a skilled Miami healthcare fraud attorney. Oberheiden, P.C., is available 24/7. Our Miami team can schedule a free and confidential consultation. One of our experienced lawyers will consider your situation and explain how we can help.

Why You Should Choose the Miami Healthcare Fraud Defense Attorney at Oberheiden, P.C., for Your Defense

Serious penalties are at risk in health care fraud cases. Possible imprisonment, loss of medical license, and exorbitant fines are possible. Therefore, it is important to hire a defense attorney immediately. Clients throughout Florida and the rest of the country choose the services of Oberheiden P.C. for the following reasons:

• Experience – Experience – Our firm has handled thousands of cases involving healthcare fraud defense. Members of our team are former federal prosecutors. They know how government agencies build a prosecution and what deficits may exist in the case.
• History – We have a proven record of securing favorable outcomes. We have often convinced prosecutors to drop criminal charges against our clients. Our Miami healthcare fraud attorneys has helped many clients avoid federal indictments by providing early intervention in the case. We can often stop federal investigations in their tracks long before charges get filed. Additionally, we have prevented many defendants from serving a prison sentence. None of our False Claims Act clients have been held criminally or civilly liable. We have negotiated significant civil penalties to lower amounts. We implement proven strategies to win favorable outcomes for clients.
• Focus – Federal agencies devote extensive resources to healthcare fraud investigations and prosecutions. It is important to mount a strong defense against these charges. Your Miami healthcare fraud defense lawyer will focus on your case and employ proven strategies to defend you. We have the knowledge and experience to present a strong defense on your behalf.
• Customized legal representation – Our experienced attorneys know that every case is unique. We will create a customized defense strategy that is effective and aggressive from the start. We will explore all options to resolve your case with a favorable outcome, including providing assistance to prosecutors in exchange for reducing or dropping charges in your case. Your Miami healthcare defense attorney can try to negotiate a plea agreement that may help avoid prison time, such as seeking probation or other alternatives to incarceration. We understand that your future and your freedom are at stake and we will work tirelessly on your behalf.
• Ready for a courtroom battle – Our attorneys can advise you on whether early resolution is in your best interest or if a trial is a better option. Our Miami healthcare defense lawyers are known for their aggressive trial practice.

Frequently Asked Questions

Speak with our Miami Healthcare Fraud Lawyers Today

If your healthcare business, practice, or organization is under investigation, call Oberheiden, P.C., to schedule an initial consultation with one of our expert Miami healthcare fraud lawyers. Our team can immediately mount an aggressive defense or help you create a compliance program. We have over 100 years of combined experience in defending clients against charges that can result in imprisonment, significant monetary fines, and damage to their reputations. Call our Miami healthcare defense lawyers today at 305-928-8505 or contact us online to schedule your confidential consultation. We offer free and confidential consultations.

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