New Mexico Healthcare Fraud Defense Attorneys - Oberheiden, P.C.
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New Mexico Healthcare Fraud Defense Attorneys

Experienced Healthcare Fraud Defense Attorneys Serving Clients In New Mexico

New Mexico address – by appointment only:
6300 Riverside Plaza Ln. NW Suite 100
Albuquerque, NM 87120

The Justice Department and Albuquerque federal prosecutors target mental health providers, pain management physicians, psychologists, and those care facilities in New Mexico that accept Medicaid and Medicare patients. Almost daily new accusations, arrests, and criminal prosecutions against recognized members of the New Mexico healthcare community.

If you or your practice become targets, this is what you need to know. Healthcare investigations for fraud crimes can result in enormous fines and even criminal convictions with federal prison sentences. To preserve your license and protect your livelihood, speak to an experienced healthcare fraud attorney. Call Oberheiden, P.C. today for an initial free and confidential case assessment from former Department of Justice prosecutors.

About Oberheiden, P.C.

Oberheiden, P.C. is a team of New Mexico healthcare fraud defense lawyers and former federal prosecutors. We represent medical providers and businesses against unjust charges of fraud. Our attorneys offer unmatched backgrounds in healthcare fraud and criminal defense cases with the federal government.

Our experience:

  • Licensed to Practice in New Mexico Federal Court
  • Former Department of Justice Trial Attorneys
  • Former Assistant United States Attorneys
  • Former Federal Healthcare Fraud Prosecutors
  • Experience of More than 2,000 Federal Healthcare Fraud Cases
  • Dismissed Federal Indictments
  • 70 Years of Department of Justice Experience
New Mexico Healthcare Fraud Defense Attorneys

Our Albuquerque-based healthcare fraud defense team is prepared to vigorously defend New Mexico healthcare providers and companies against accusations, or violations of:

  • Medicare and Medicaid fraud (18 U.S.C. 1347),
  • The Controlled Substances Act (21 U.S.C. 841),
  • The Anti-Kickback Statute (42 U.S.C. 1320a-7 b),
  • The Stark Law Statute (42 U.S.C. 1395 nn), and
  • The False Claims Act (31 U.S.C. 3729-3733).

New Mexico Healthcare Entities are Being Targeted in Federal Fraud Investigations

The following groups and agencies are the ones most likely to target healthcare providers in New Mexico:

  • The New Mexico Medicaid Fraud Control Unit,
  • The U.S. Department of Health & Human Services (HHS),
  • The Drug Enforcement Administration (DEA),
  • The Office of Inspector General (OIG),
  • The Federal Bureau of Investigation (FBI) and other law enforcement agencies.

These agencies have joined forces in an open war to take down New Mexico mental health providers, medical providers, home health centers, hospice agencies, and a great number of facilities that offer Medicaid and Medicare services to citizens of New Mexico.

  • Prescription Drug Fraud. According to statistics, New Mexico is the state with the most opioid related fatalities. Pain management physicians in New Mexico and medical providers who prescribe drugs under Schedules I, II, or III medications need a team of experienced healthcare law defense attorneys. Oberheiden, P.C. offers a wealth of experience from members of our team who served as federal healthcare fraud prosecutors. Our defense attorneys have also managed hundreds of cases on behalf of clients across the United States. Don’t handle DEA agents or FBI investigators on your own. Call us today and speak to competent legal counsel to get the advice that can save your career.
  • Medicare Fraud & Medicaid Fraud. It’s no secret that New Mexico has gained a reputation for Medicaid and Medicare fraud investigations. The level of enforcement in Albuquerque, Las Cruces, Roswell, Santa Fe and surrounding communities remains extremely high. Providers and health companies servicing Medicaid or Medicare patients must prepare for challenges by the government. Medicare fraud represents any intentional violation of federal laws, in particular 18 U.S.C. 1347 and 18 USC 1349 (conspiracy to commit healthcare fraud). This type of fraud includes a variety of misconduct. A few on the list are billing fraud, upcoding, payment for services not provided, home health and hospice certifications. Oberheiden, P.C. has successfully handled Medicare, Medicaid, and False Claims Act cases across the country, including in New Mexico. If you are the target of a law enforcement agency that investigates and prosecutes health fraud, you must act now. Contact our experienced New Mexico healthcare fraud defense attorneys. We can guide you through the process and begin work to defend you. Call us today and speak to a senior attorney in a free and confidential consultation.
  • Kickbacks & Bribery Accusations. The Anti-Kickback Statute prohibits the offering, solicitation, payment, or receipt of any form of compensation for patient referrals. This Statute applies to anyone, not only physicians. New Mexico doctors, health marketers, pharmacies, and toxicology labs have come under intense scrutiny. The government believes illegal kickbacks are behind many New Mexico business arrangements and joint ventures. Whether you seek compliance advice or need help defending an existing arrangement, contact Oberheiden, P.C. to discuss your best options. Your initial call is free and confidential. And, you will speak to a senior New Mexico healthcare fraud defense lawyer.

If you have concerns about healthcare fraud or are seeking advice regarding a defense matter, call former Justice Department prosecutors for a free and confidential case assessment.

Important Information About Federal Offense Charges in Albuquerque, New Mexico

The federal criminal justice system is complex and mistakes when choosing the defense strategy for fraud crimes, or selecting a New Mexico healthcare fraud defense attorney, can end in serious outcomes. Trust experienced attorneys with a winning record if you are arrested, subject to a search warrant, receive a target letter, or a grand jury subpoena.

  • Federal Arrest. To have a federal arrest warrant issued, prosecutors and federal agents must convince a federal magistrate judge that there is probable cause to believe you committed a federal crime. Probable cause does not mean you are guilty or that it is likely you did something wrong. When an arrest occurs, it is very important to not resist. At the same time, you need to maintain your constitutional rights. That means, don’t answer questions from federal authorities. Even though it may be tempting, do not discuss your situation with the police or the agents escorting you. Don’t make their case easy by answering questions without a lawyer present. Please call Oberheiden, P.C. immediately. We can talk to the lead agent, and we can communicate with the prosecutor. We will make sure we can represent you in the court hearing at the Albuquerque federal courthouse.
  • Search Warrant (Residence & Business). New Mexico federal agents often use search warrants to gather potential evidence. Search warrants may occur at your house and/or your business. Required is that the lead agent shows you the judge’s order that defines and authorizes the arrest. The moment agents show up, you must call Oberheiden, P.C. to protect your rights. Again, do not discuss the warrant or the underlying case with federal agents. Wait for our experienced attorneys to take over. If your New Mexico business or your house is searched, contact Oberheiden, P.C. immediately to handle the matter.
  • New Mexico Grand Jury Subpoena. Our attorneys have handled in excess of 2,000 grand jury proceedings. We help healthcare clients every day provide responses to federal grand jury requests. Our experience as government lawyers tell us that a poor response to a subpoena can lead to criminal charges. If you or your business receive a grand jury subpoena or another form of government notice, contact Oberheiden, P.C. immediately for competent and reliable advice.
  • Target Letter from the Albuquerque U.S. Attorney. If you receive a target letter, the government is informing you they think you committed, or helped someone else commit a crime. Most people not familiar with the federal criminal justice system think that target letters are a bad thing. Clearly, target letters are scary because you are only steps away from indictment, charges, and prosecution. However, Oberheiden, P.C. sees an opportunity in target letters. With a target letter, the government has put you on notice. This allows attorneys who understand the federal criminal justice system in New Mexico to act, negotiate, and attempt to resolve the case. Oberheiden, P.C. is prepared to take your case to New Mexico prosecutors to negotiate a resolution before they seek prosecution. We intervene. We object. We fight. We use the window of opportunity the target letter provides.

Remember: 2,000 healthcare fraud cases have trained us to know how to help you. The cardinal rule is: the sooner you call us, the more we can do for you!

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)

Compelling Defenses and Creative Ideas for Healthcare Providers and Practices in New Mexico

When your license, your business, and potentially your freedom are at stake, nothing replaces a proven defense plan. Healthcare fraud defense is not a hobby. There is a reason why Oberheiden, P.C. almost exclusively focuses on federal health fraud, ZPIC audits, civil and criminal healthcare investigations, and federal criminal trials in the healthcare industry. The experience we bring to your case is very hard to match. Our record speaks for itself. Proven defense strategies and winning cases lets you know you are in good hands.

  • Audits
  • Investigations
  • Criminal Defense
  • Federal Trials

Our strategic approach to defending health providers throughout New Mexico includes:

  • Making immediate contact with the investigators and prosecutors involved in your case. We intervene in the government’s investigation and collect key information to build a tailored defense strategy.
  • Evaluating legal standards that apply based on the nature of the government’s investigation and the unique aspects of your business or practice.
  • Exploring all possible defenses to the government’s allegations, including statutory exceptions and safe harbors, factual arguments, and constitutional protections.
  • Doing everything possible to preserve your professional reputation and resolve the investigation without your business or practice being put in jeopardy of federal charges.
  • Trial expertise. When needed, we are ready to challenge the government in court. With many criminal cases handled, Oberheiden, P.C. calls on former Department of Justice trial attorneys, and former state and federal prosecutors. All of our attorneys have superior courtroom expertise.

Frequently Asked Questions

Why does the DEA target doctors in New Mexico?

New Mexico doctors are targeted by the DEA, the FBI, and the Department of Justice if they prescribed opioids, stimulants and other addictive medications to chronic pain patients between 2014 and the present. The government‘s position is that medically unnecessary prescriptions caused the national crisis and that a prosecution of prescribers and pharmacies is the solution to solve complex issues of accidental overdoses, drug diversion, and addiction.

What are the most common healthcare fraud claims?

Although the federal government oversees the same set of laws that equally apply throughout the country, certain states raise additional concerns for practitioners. For example, given the state’s status as a hotspot for prescription drug abuse, federal prosecutors are especially on the lookout for the following:

  • Billing for medically unnecessary services, supplies or equipment
  • Billing for services or supplies not provided
  • Falsifying patient records
  • Illegal kickback arrangements
  • Inaccurately reporting test results
  • Prescription drug fraud

If you face healthcare fraud charges, you need a New Mexico federal healthcare fraud defense attorney who is familiar with the unique landscape in which these cases exist.

What should you look for in a New Mexico federal healthcare fraud defense attorney?

Few cases are as complex as those involving allegations of healthcare fraud. These cases are rare in that they can involve either civil or criminal liability, or both. In addition, healthcare fraud cases require more than legal knowledge to effectively manage. An attorney who understands the complex nature of the healthcare industry is required. If you are facing federal healthcare fraud charges, the most important thing your attorney can have is experience. Not in trying all types of cases, but specific experience negotiating and litigating healthcare fraud cases. Look for a New Mexico federal healthcare fraud defense lawyer who formerly worked for the federal government. One who has investigated healthcare fraud claims. Such an attorney has valuable insight into how the government builds its case. And, which defenses may be the most successful.

When should I contact a New Mexico federal healthcare fraud defense attorney?

Without question, as soon as you know you are under investigation. By retaining an attorney early in the process, your advocate can get involved from the outset. This will give federal investigators less time to investigate the case and come to their own conclusions. In some cases, your attorney can convince investigators that their initial impressions were wrong and charges are not warranted. However, even if civil or criminal charges are filed, a New Mexico federal healthcare fraud defense attorney is a valuable ally. If you are under investigation for healthcare fraud, do not trust just any local law firm to handle your case. Contact an experienced New Mexico federal healthcare fraud defense attorney today.

Call Oberheiden, P.C. Today and Find Out Why So Many New Mexico Clients Trust Our Skilled Team With Their Healthcare Matter

Our team of New Mexico healthcare fraud defense lawyers is available to begin working on your case immediately. To speak with our attorneys in confidence, please call 888-680-1745 or request a free case evaluation online now.

Oberheiden, P.C.
Compliance – Litigation – Defense

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