New York Whistleblower Defense Attorneys

Protecting Your Business and Your License: 888-680-1745

Blowing the whistle in New York is a lucrative business. Many successful business owners may feel unfairly punished when they realize a former affiliate or employee reported them to the government for allegedly defrauding commercial insurance or federally funded healthcare programs like Medicaid and Medicare.

Hundreds of healthcare fraud defense cases have taught renowned whistleblower defense attorney Dr. Nick Oberheiden how it feels when hard-working folks suddenly find themselves confronted with frivolous allegations. Even worse when it’s initiated by someone they trusted, perhaps compensated as a staff member.

Nick Oberheiden is unlike most New York whistleblower attorneys who note healthcare law defense next to DUI and domestic violence defense on their websites. He dedicates his practice to defending individuals and businesses accused of fraud. Ready for some case results? Here are some examples attesting to Nick’s skill when it comes to resolving whistleblower cases.

• Dismissal of False Claims Act Case: In a case of multiple defendants, Nick’s firm was the only law firm that got his client’s case dismissed. Although initially seen as a key player in the alleged fraud scheme, Nick and his team convinced a federal judge to dismiss the client. The client was cleared of all fraud allegations. It is quite rare for a federal court to hear and decide a motion to dismiss in the early stage of such a case. This case is just one example that you don’t have to put up with bogus claims. Forceful defense = case dismissal.
• Dismissal of False Claims Act Case: Nick represented about a dozen clients with joint interests in a federal whistleblower case. It involved the Office of Inspector General, the Department of Health and Human Services, the FBI, the Department of Defense, and the Department of Justice. Starting with a diligent internal review of his clients’ policies and operations, Nick realized there was no basis to accuse his clients of wrongdoing, let alone fraud. In meetings at the U.S. Attorney’s Office, Nick and his team presented their findings and convinced the government to drop the entire case. Diligent self-audit = lack of liability.
• Dismissal of False Claims Act Case: Nick argued his client’s case before the United States Department of Health and Human Services, Office of Inspector General in Washington D.C. The complex case involved close to 100,000 claims and an original government demand of several hundreds of millions of dollars. The underlying misconduct alleged New York Labor Law, Stark Law violations, federal False Claims Act violations, and Medicare Fraud. Despite the magnitude of the case, Nick and his team convinced government prosecutors to enter into a payment plan. Plus, more than 95% of the allegations were dismissed. Tough case = tough negotiations.

Call New York whistleblower defense attorney Nick Oberheiden today at 888-680-1745 to discuss your situation. All consultations are directly with Nick, are free of charge and, confidential.

These Are Nick’s Priorities When Defending NY Physicians Against False Claims Act Allegations

• Keeping the Case Civil. Money is one thing, freedom a whole other dimension. One of the first things a competent New York whistleblower attorney wants to know is if there’s a criminal investigation in addition to the civil fraud case. A healthcare fraud coordinator at the U.S. Attorney’s Office in New York will evaluate almost every NY false claims case to determine if the allegations of fraud are truly criminal misconduct. Notably, not a single federal whistleblower laws case Nick has handled resulted in criminal liability.
• No Government Intervention. At some point during the investigation, New York prosecutors must decide to intervene or not. Will the government support and assist the plaintiff’s allegations, or stay out of the case? The decision is critical as, without government support, the plaintiff and his/her lawyers are discouraged to continue the case. It’s important to realize that lawyers who file False Claims Act cases are typically paid on a contingency fee basis. That means they carry all expenses at the risk of collecting nothing. It can be devastating to the plaintiffs’ lawyers if the government says they won’t participate in the case. In fact, they often stop further litigation to avoid additional waste of time and expense.
• Settle When Needed, Fight When Right. The decision to settle or to fight develops during the case. Many clients are determined to fight allegations, partially because they are upset (e.g. perhaps they feel betrayed by the relator), and partially because they don’t feel that they have done anything wrong. An experienced attorney will guide you through the litigation process and explore all options. He/She will help you see the risks and benefits of fighting the allegations and explain the alternatives.
• No Malpractice Investigation. In federal laws, if one of the defendants in an FCA case is a physician, there is little danger with respect to the physician’s professional medical board. However, ill-advised providers who enter poor settlement agreements may find themselves reported to their board. If you are a New York physician, and you want to keep your license intact despite the outcome of the whistleblower litigation, call Nick. He can guide you in pursuing the right strategy from the beginning of your defense case.
• No CMS Program Exclusion. Most whistleblower cases allege violations of Medicaid or Medicare regulations. That makes it important to keep an eye on potential exclusion from Medicaid and Medicare per CMS policies. Again, this is another example to demonstrate the details and difficulties of successfully handling a False Claims Act case. Trust your New York whistleblower defense lawyer to consider and protect everything that’s important to you and your practice.

Important Things You Should Know About False Claims Act Investigations in New York

Are You Ready to Team Up?

Call New York whistleblower defense attorney Dr. Nick Oberheiden today at 888-680-1745 or contact him online. Speak to Nick directly, not an administrative assistant or a junior lawyer. Get competent advice based on real results.

Additional Pages for New York

• New York federal criminal defense
• New York DEA diversion & opioid defense
• New York investment fraud defense
• New York healthcare fraud defense
• New York Medicaid fraud defense
• New York Medicare fraud penalties
• New York Medicare fraud defense