Criminal Defense and Health Care Fraud Law Firm representing Illinois
With a nationwide presence, our firm pro
vides experienced and aggressive legal representation for individual and corporate clients in Illinois. Our Illinois Federal Criminal Defense Team includes several former senior federal prosecutors, and we have significant experience and presence in complex and high-stakes federal matters.
What do you need to know if you are under investigation by the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), or another federal law enforcement agency? What do you need to know if you have been arrested for health care fraud, drug distribution, or another serious federal offense? In these circumstances, you cannot afford to make mistakes and you need to make smart decisions with your immediate needs and long-term best interests in mind.
At Oberheiden, P.C., we have the experience you need to protect yourself and your business or practice in federal law enforcement matters. We also have significant experience assisting health care providers with proactive compliance, and we maintain a robust civil litigation practice focused on protecting clients’ financial interests in business-related disputes. We maintain a nationwide reach practice and are available to represent clients in criminal, civil, and compliance matters in Illinois. If necessary, we can take action immediately to help protect you against unnecessary consequences.
Our Illinois Federal Criminal Defense team is led by Dr. Nick Oberheiden, a significantly seasoned defense attorney. With several other former state and federal prosecutors on staff, we are intimately familiar with the government’s strategies in criminal investigations and prosecutions. We have a proven record of success at all stages of the litigation process. In federal health care matters, we have resolved the majority of our clients’ cases without civil or criminal charges.
“Our experience with Nick Oberheiden was overwhelmingly positive! We recently brought a range of complex legal issues to the table, which they responded to with a systematic, prudent approach. Throughout our work together, Oberheiden, P.C. served as an invaluable source of practical guidance and legal leadership. We would recommend them highly and without reservation to anyone. Simply, the best!” – Firm Client
Our Practice Areas
Health Care Compliance
Health care providers in Illinois face a uniquely complex federal legal landscape. Ensuring compliance with all of the pertinent statutory and regulatory requirements requires constant effort. It is imperative for the provider to structure compensation arrangements to avoid “kickback” implications. The provider must also adhere to the voluminous Medicare, Medicaid, and Tricare billing regulations that apply to all types of participating providers, hospitals, pharmacies, physician-owned practices, laboratories, MSOs, and others. All of this requires maintaining proactive compliance programs in order to avoid triggering federal scrutiny.
With our extensive experience in civil and criminal health care fraud enforcement matters, we offer comprehensive compliance counseling and program implementation for providers in Illinois and nationwide. We help our clients identify potential areas of exposure, remedy outstanding issues, and maintain ongoing compliance with respect to matters including:
- Business structuring
- Marketing agreements
- Employment contracts, manuals, and related policies
- Code of Business Conduct and related policies
- Medicare, Medicaid, and Tricare compliance
- Stark Law and Anti-Kickback Statute compliance
- False Claims Act compliance
- Controlled Substances Act compliance
- Patient privacy rights (HIPAA and OSHA)
- Employee Compliance, HIPAA and OSHA training
Health Care Fraud Defense
Our attorneys focus their practice in the area of federal health care fraud defense. We have decades of experience on both sides of health care fraud investigations and prosecutions involving the DEA, DOJ, FBI, Centers for Medicare and Medicaid Services (CMS), Department of Health and Human Services Office of Inspector General (OIG), Medicare Fraud Strike Force, and various other federal law enforcement agencies and task forces. Our clients range from physicians and hospital executives to compounding pharmacies and toxicology laboratories. We have helped providers in Illinois and across the nation avoid criminal charges in investigations involving allegations of:
- Billing and coding violations
- Kickbacks, bribes, rebates, and referral fees
- Physician “self-referrals”
- False and fraudulent claims
- Billing for medically unnecessary services, supplies, and equipment
- Billing for services, supplies, and equipment not provided
- Prescription drug fraud
- Falsifying patient records and inaccurately reporting test results
- Fraudulent physician certifications
- Issues with election statements for hospice care
In addition to representing clients in federal health care fraud matters, we have significant experience representing individuals and corporate entities in a broad range of other federal criminal cases as well. If you are facing the potential for substantial fines and long-term imprisonment, you need to execute a comprehensive defense strategy focused on attacking all aspects of the government’s case. From Constitutional violations to insufficient evidence to meet the prosecution’s burden of proof, we evaluate all potential defenses and develop comprehensive strategies focused on obtaining favorable pre-trial resolutions. And when necessary, we work tirelessly to prepare our clients’ cases for court. We represent clients in all federal criminal matters, including:
- Drug charges and conspiracy
- Fraud, money laundering, and counterfeiting
- Sex crimes
- Immigration crimes
- Computer crimes
Our litigation team represents Illinois-based companies facing disputes in all types of dispute resolution proceedings. If a dispute involving a former employee, competitor, or other third party is interfering with your business, we can help you resolve the dispute as quickly and favorably as possible. While we have extensive experience in courtroom litigation, we are also experienced negotiators. We are frequently able to negotiate favorable outcomes without the need to go to court. In our business litigation practice, we routinely handle matters such as:
- Theft, fraud, and forgery
- Contract and duty breaches
- Misappropriation of funds
- Tortious interference
- Non-compete violations
- Partnership disputes
- Lack of written agreement
- Intellectual property issues
- Divorce impacts on business
- Employment conflicts
- Computer hacking
FAQs: Defending against Health Care Fraud and Other Federal Charges in Illinois
Q: Is health care fraud a crime?
Under the False Claims Act, Anti-Kickback Statute, and various other federal laws, health care fraud can be charged as either a civil or criminal offense. Health care fraud investigations will often lead to charges for conspiracy, money laundering, mail fraud, wire fraud, and other federal crimes as well. In criminal health care fraud cases, providers and their personnel can face penalties including (but not limited to) enormous fines, long-term imprisonment, and loss of federal health care benefit program (i.e. Medicare, Medicaid, and Tricare) eligibility.
Q: How do I know if my investigation is civil or criminal in nature?
If you or anyone else within your business or practice have been contacted by a federal agent, you must quickly determine whether the government’s inquiry is civil or criminal in nature. With our experience on both sides of federal health care fraud investigations, we can quickly determine the nature of your health care fraud investigation based upon the authority (or authorities) involved and the language and methods used during the investigative process. Civil investigations can turn criminal if federal agents find what they believe to be evidence of intentional fraud. In any case, the best way to protect yourself is to seek legal representation immediately.
Q: What else should I do to protect myself during a federal investigation?
During your free initial case assessment, our attorneys will walk you through everything you need to do in order to protect yourself during the government’s investigation. While each case is unique, here are some of the basic steps that targets of federal investigations can take to protect themselves.
- Avoid sharing any information with federal agents unless advised to do so by your legal counsel.
- Instruct your employees not to communicate directly with federal agents.
- Ensure that no relevant files (hardcopy or electronic) get destroyed or deleted.
- Proactively address any issues that may have the potential to trigger federal charges.
- Do your best to ensure that your patients (or your customers’ patients) are not adversely affected by the government’s investigation.
Q: When should I seek legal counsel?
If you are facing a federal investigation or if you are concerned that your business or practice may be targeted in an investigation due to billing violations or other issues, you should seek legal counsel immediately. In many cases, taking proactive steps to resolve known issues will not only be the best way to avoid civil or criminal sanctions, but it could be essential to protecting your professional license, assignment privileges, and other critical aspects of your practice as well. When you contact Oberheiden, P.C., we will make arrangements for you to meet with our defense team immediately and we will help you make informed decisions about mitigating your risk of federal prosecution.
Why Choose Oberheiden, P.C. in Illinois?
Our attorneys have collectively represented clients in more than 1,000 investigations and 500 federal trials. We do not have any junior lawyers on staff.
2. National Recognition
We have a significant presence and experience in in federal criminal matters, and Dr. Nick Oberheiden has appeared on a significant number of media outlets nationwide.
3. Former Prosecutors
Our health care fraud defense team includes former DOJ trial lawyers, former prosecutors with the U.S. Attorney’s Office, former Special Assistant United States Attorneys, and former state health care fraud prosecutors.
We have a proven record of success, and we have helped a significant proportion of our health care fraud clients avoid any civil or criminal charges.
5. Free Case Assessment
We provide free case assessments to all potential clients. We will help you understand your situation, and we will provide you with an action plan for protecting your freedom and your legal rights.
Contact Oberheiden, P.C.
If you need to speak with an Illinois Federal Criminal Defense attorney, we encourage you to contact us promptly to schedule your free initial case assessment. From Illinois, call us 24/7 at (888) 519-4897 or send us your contact information and we will be in touch with you shortly.
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 cannot guarantee a similar future outcome in your case. Oberheiden, P.C. is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.