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former federal prosecutors


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Oberheiden Attorneys

How To Avoid Criminal Penalties For Medicare Fraud In Dallas, Texas

Categories: Health Care Law

man in handcuffs

 

Dr. Nick Oberheiden, Esq.
www.federal-lawyer.com
1-800-810-0259
Including Weekends

The Department for Health and Human Services (HHS), the Office of Inspector General (OIG), the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), Medicaid Fraud Control Units (MFCUs), and State Medicaid Agencies in cooperation with the Health Care Fraud Prevention and Enforcement Action Team (HEAT), and the Centers for Medicare and Medicaid Services (CMS) are in charge of healthcare investigations. Healthcare cases can be prosecuted in one of two ways.

Criminal & Civil Liability

Criminal Charges

Criminal charges are the most severe outcome of Medicare fraud investigations.  Individuals criminally charged with Medicare fraud face a maximum of 10 years in prison for each violation in addition to hefty criminal fines and administrative sanctions such as exclusion from any government healthcare program or loss of their medical licenses.  It is not surprising, therefore, that criminal investigations can be extremely invasive and disruptive of the personal and professional lives of the targets of those investigations.  Federal investigators may raid homes and offices, seize computers, files, and bank accounts, and subpoena employees, colleagues, and clients for information and documents.  Thus, merely being suspected of criminal healthcare fraud can be a life changing event.

Civil Liability

While not as severe as criminal charges, civil charges of Medicare fraud are nonetheless extremely serious and can have a grave impact on your business, finances, and reputation.  If convicted, a person or company faces civil monetary penalties of up to $11,000 per violation, they may be required to pay three times the amount of any damages experienced by Medicare, they may have to pay all of the government’s legal fees from prosecuting the case against them, and they may be excluded from ever participating in a government healthcare program again.  While companies are most often the target of civil charges, company executives and officials may also be charged along with the company itself.  Notably, unlike in criminal cases where prosecutors must prove guilt beyond a reasonable doubt, civil cases have a much lower burden of proof and therefore civil liability is much easier to prove.

The Role of Experienced Medicare Fraud Defense Attorneys

If you are under investigation for Medicare fraud, you need an attorney who understands healthcare laws and is familiar with the medical industry.  As former healthcare prosecutors, we understand what investigators are looking for and we know how to communicate with government agents.  With profound knowledge of the healthcare industry, we can spot the red flags that triggered an investigation and also communicate to investigators how those red flags resulted from innocent mistakes instead of fraudulent intent.  In this matter, we have repeatedly helped our clients avoid criminal charges following an investigation for Medicare fraud.

At Oberheiden & McMurrey, LLP, we appreciate the life-altering impact a federal investigation can have on our clients’ personal and professional lives, and we treat every case with the appropriate gravity.  We apply our Emergency Defense Package to every case, including prompt communication with federal investigators and tailored counseling to address the pressing questions our clients have about the investigation and their futures.

Our Success Stories

Oberheiden & McMurrey, LLP represents clients in Dallas who are under investigation by the Department of Justice (DOJ), the Department of Defense (DOD), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Office of Inspector General (OIG), the Medicaid Fraud Control Unit (MFCU), the Internal Revenue Service (IRS), or other task forces. We obtained the following case outcomes for our clients in recent healthcare fraud investigations.

Medicare & Medicaid Fraud:

  • Successful Defense of a Healthcare Business against an Investigation by the Department of Justice and the U.S. Attorney’s Office for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Healthcare Business against an Investigation by the Department of Health and Human Services for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Healthcare Business against an Investigation by the Office of Inspector General and the FBI for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Marketing Company against an Investigation by the Office of Inspector General and the U.S. Attorney’s Office for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of Physician Syndication against an Investigation by the Office of Inspector General and the FBI for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Toxicology Laboratory against an Investigation by the Office of Inspector General for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Toxicology Laboratory against an Investigation by the Office of Inspector General and the FBI for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Physician against an Investigation by the Office of Inspector General for Alleged Medicare Fraud.
    Result: No Liability.
  • Successful Defense of a Physician against an Investigation by the Office of Inspector General for Alleged Medicaid Fraud.
    Result: No Liability.

Free Consultation

If you are concerned that you are being audited or investigated or if you simply want to ask questions in a free and confidential setting, you should contact the experienced attorneys at Oberheiden & McMurrey, LLP. We are available seven days a week, including weekends.

Oberheiden & McMurrey, LLP
(800) 810-0259
(214) 469-9009
www.federal-lawyer.com
This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.
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