Oklahoma Healthcare Fraud Defense - Federal Lawyer
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Oklahoma Healthcare Fraud Defense

Oklahoma address – by appointment only:
629 W. Main Street
Oklahoma City, OK, 73102

Oklahoma healthcare providers targeted in federal fraud investigations can face recoupments, fines, treble damages, program exclusion, and even federal imprisonment. If you have been contacted by federal agents or received a target letter, subpoena, or civil investigative demand, it is important that you speak with an attorney as soon as possible.

Federal healthcare fraud investigations can be triggered by a variety of different factors, and they can start in a variety of different ways. But, regardless of whether the government identified an “anomaly” in your program billing data or received an insurance company or whistleblower complaint, and regardless of whether you received a subpoena or federal agents showed up at your facility, the risks and defense tactics are the same. Healthcare fraud investigations can lead to fines, recoupments, and other penalties, and avoiding these penalties requires a proactive and strategic defense.

If your Oklahoma healthcare practice or medical business is under investigation, Oberheiden, P.C.’s federal defense team can help you avoid unnecessary consequences. Our team is comprised of senior defense attorneys and former federal prosecutors, many of whom worked within the Department of Justice (DOJ) prior to entering private practice. Our team also includes the only former federal trial judge currently in private practice; and, together, our attorneys bring remarkable experience to protecting healthcare providers against civil and criminal penalties.

Oberheiden, P.C.’s federal defense attorneys are available to represent healthcare providers in Oklahoma who are being targeted by the Drug Enforcement Administration (DEA), Department of Justice (DOJ), Department of Health and Human Services Office of Inspector General (OIG), and other federal agency investigations. For a confidential initial case assessment, call our Oklahoma healthcare fraud defense attorneys at 405-504-3811 now.

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)

About Our Federal Healthcare Fraud Defense Practice

Clients We Represent

Our federal healthcare fraud defense practice is national in scope, and our team has an extensive track record of representing all types of providers in high-stakes federal investigations. We represent the following types of clients throughout Oklahoma and nationwide:

  • Physicians
  • Specialists
  • Pharmacists
  • Compounding pharmacists
  • Dentists
  • Physician groups
  • Hospitals, clinics, and other medical facilities
  • Testing laboratories
  • Durable medical equipment (DME) companies
  • Company owners, board members, and executives

Cases We Handle

Oklahoma Healthcare Fraud Defense

Our practice is similarly broad with respect to the types of federal healthcare fraud cases we handle. We represent clients at all stages of the investigative and prosecutorial processes in cases involving allegations of:

  • Billing and coding errors
  • Kickbacks, bribes, and rebates
  • Physician self-referrals
  • False and fraudulent claims
  • Billing for medically-unnecessary services, supplies, or equipment
  • Billing for services, supplies, or equipment not provided
  • Prescription drug fraud
  • Falsifying patient records and inaccurately reporting test results
  • Fraudulent physician certifications and election statements
  • Attempt and conspiracy to commit healthcare fraud
  • Tax evasion and other related federal offenses

Examples of Our Success

We have a greater than 90% success rate in protecting our clients against criminal charges in federal healthcare fraud investigations; and, to date, not one of our clients has been forced to cease operations due to an investigation in which our attorneys have been involved. Some examples of our success stories include:

  • No civil or criminal liability for a client facing a Medicare fraud investigation conducted by the U.S. Attorney’s Office and the Federal Bureau of Investigation (FBI).
  • No civil or criminal liability for a client facing multiple fraud allegations from the FBI and the DOJ.
  • No civil or criminal liability for a client targeted for prosecution by the OIG for allegations of various federal healthcare law violations.
  • No civil or criminal liability for a client targeted in a joint DOJ-OIG investigation in which we were able to demonstrate the applicability of specific Medicare law exceptions.
  • No civil or criminal liability for a client targeted in a criminal healthcare fraud investigation involving multiple federal law enforcement agencies.

5 Key Facts about Federal Healthcare Fraud Investigations

1. All Healthcare Providers are at Risk for Being Targeted in Federal Healthcare Fraud Investigations.

Combatting Medicare, Medicaid, Tricare, and the Department of Labor (DOL) are top federal law enforcement priorities, and the DOJ and other agencies are devoting substantial resources to investigating and prosecuting healthcare providers suspected of improperly billing these government benefit programs, as well as other private insurance companies. As a result, if a healthcare provider’s billing records appear to be anomalous when compared to those of other similarly-situated providers, this alone can be enough to trigger government scrutiny. Whistleblower claims and contractor audits can trigger investigations as well; and, in today’s world, no healthcare provider is immune from being investigated.

2. Healthcare Fraud Investigations Can Be Either Civil or Criminal in Nature.

The False Claims Act and the Anti-Kickback Statute include provisions for both civil and criminal enforcement, and federal authorities routinely pursue investigations targeting both civil and criminal violations. Physicians can face civil enforcement proceedings under the Stark Law, and the federal healthcare fraud statute (18 U.S.C. Section 1347) presents another risk for criminal prosecution. When facing a federal investigation, one of the first steps in building a defense is to determine the scope of the allegations and whether the allegations are civil or criminal in nature, as each type of case requires a different type of defense strategy.

3. The Penalties for Healthcare Fraud are Severe.

Healthcare providers charged with violations of the False Claims Act and other federal statutes can face severe penalties. These penalties can include:

  • Recoupments
  • Treble damages
  • Fees and costs
  • Denial of pending claims
  • Pre-payment review (which can delay payment by up to six months)
  • Medicare, Medicaid, Tricare, and DOL exclusion
  • Loss of DEA registration
  • State Board licensing action

Additionally, in criminal cases, DOJ prosecutors will often file charges for conspiracy, mail fraud, wire fraud, money laundering, tax evasion, and other federal crimes as well. Each of these crimes carries the potential for substantial fines and years of federal imprisonment.

4. There are Several Potential Defenses to Allegations of Healthcare Fraud.

Depending upon the specific allegations and factual circumstances involved, there are several potential defenses to allegations of healthcare fraud. These defenses range from asserting constitutional protections that prevent prosecutors from presenting key evidence in court to asserting statutory safe harbors and other defenses that can fully insulate providers from liability. When you engage Oberheiden, P.C. for your federal healthcare fraud investigation in Oklahoma, a senior healthcare fraud defense attorney will work closely with you to identify the defenses you have available.

5. Many Investigations End Without Charges Being Filed.

When facing a federal investigation, it is critical not to assume the government has information that you do not. For various reasons, investigations targeting physicians, pharmacists, testing laboratories, hospices, and other healthcare entities are often misguided, and at Oberheiden, P.C. we have protected numerous clients against federal healthcare fraud charges. Even if you believe that your business or practice may have billed a federal healthcare program improperly, you may still have defenses available, and our Oklahoma healthcare fraud defense lawyers can work with you to quickly determine whether you have any potential exposure.

Frequently-Asked Questions (FAQs): Defending Against Healthcare Fraud Allegations in Oklahoma

Q: My practice has a strict Medicare compliance program. Do I still need to be worried?

Potentially. Having a comprehensive compliance program is crucial to mitigating the risk of billing errors that have the potential to trigger a federal investigation; but, if errors have been made, having a compliance program will not necessarily protect you against penalization. However, what it may do is convince the prosecutors handling your case that any billing violations were unintentional, and that therefore your investigation should remain civil (rather than criminal) in nature.

Q: I am worried about what federal investigators may find. What should I do?

If you are concerned that federal investigators may find evidence of improper program billings, prescription practices, referral relationships, or certification practices for hospice care, the first thing you need to do is stay calm. While you could be facing a precarious situation, it is also possible that you could avoid prosecution by presenting a strategic defense. It will be important to consult with an attorney promptly so that you can begin making informed decisions that mitigate your risk of prosecution.

Q: Can Oberheiden, P.C.’s defense attorneys represent me in Oklahoma?

Yes, our firm’s practice is national in scope, and our health care fraud lawyers are available to represent healthcare providers in Oklahoma.

Q: Where can I learn more about protecting my business or practice during the government’s investigation?

If you would like to gain a better understanding of your situation before your initial case assessment, we encourage you to read our blog. These articles will help you get started:

Schedule Your Free Initial Case Assessment with an Oklahoma Healthcare Fraud Defense Lawyer

At Oberheiden, P.C., our defense team has extensive experience in handling federal criminal defense and healthcare fraud cases. If you or your business is under civil or criminal investigation or facing charges related to Medicare, Tricare, or Medicaid fraud, seek experienced legal representation from our Medicare/Medicaid fraud defense lawyer. To discuss your case in confidence, please contact us to schedule a free initial case assessment. Call 405-504-3811 or tell us how to reach you online and we will arrange for you to speak with one of our federal healthcare fraud defense attorneys as soon as possible.

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