Las Vegas Federal Criminal Defense Lawyer
Zealous Health Care Fraud Defense Attorneys Defending Medicare Providers in Las Vegas
Federal agencies such as the U.S. Department of Health & Human Services’ (HHS), the Office of Inspector General (OIG), the Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation (FBI) have declared Las Vegas a center of Medicare fraud and opioid abuse enforcement. In late 2017, the Attorney General of the United States instructed federal prosecutors in Las Vegas and throughout Nevada to aggressively investigate and prosecute fraud and abuse in the local health care industry. Since then, almost no day goes by without new raids, arrests, and indictments against valued members of the local health care community.
In this climate of enforcement, Las Vegas medical providers must make a conscious decision. Do I jeopardize my license and my livelihood, or do I seek advice and representation from experienced counsel with a proven track record of successful defense in DEA, FBI, and OIG health care investigations?
Experience & Proven Results for Las Vegas Medical Providers
Oberheiden, P.C. is known for its forceful health care fraud defense work. Clients from across the United States contact us when they are concerned about ZPIC audits, regulatory compliance questions, internal investigations, and defense matters involving health care fraud statutes such as the Anti-Kickback Statute, the Controlled Substances Act, and Medicare Fraud laws. Our team is comprised of former Justice Department officials and former federal prosecutors that previously led FBI and DEA and OIG investigations.
This Is the Experience That We Offer Our Clients:
- 70 Years of Department of Justice Experience
- 500+ Criminal Trials
- Dismissed Federal Indictments
- Former Federal Health Care Fraud Prosecutors
- Experience of More than 1,000 Federal Health Care Fraud Cases
- Avoided Criminal Charges in the Majority of Cases
- Handled More than 1,000 Grand Jury Subpoenas
Do not hesitate to call our senior attorneys right away to assess your case—free of charge and absolutely confidential.
“Our companies have worked with firms all over the country within various specialties and now use [Oberheiden, P.C.] almost exclusively. Nick represented our companies in some federal law investigations. His guidance and expertise allowed us to continue to concentrate on our core business as he dealt with the complex legal issues.” – Satisfied Client“The very best!”
“I hired Nick Oberheiden and Oberheiden, P.C. to defend me in a criminal health care matter. From the first moment I met with Nick[,] my wife and I knew that he [would provide] the help I need[ed]. And yes, Nick got me out of trouble. No charges. Case Dismissed.” – Satisfied Client
Las Vegas, and Nevada Health Care Companies are Being Targeted in Federal Fraud Investigations
Experience matters. This is all the more true when it comes to saving, protecting, and vigorously defending your business, your income stream, and your license. We have successfully represented:
- Physicians of All Specialties
- Mental Health Care Providers
- Health Care Business Owners
- Home Health Agencies
- Hospice Care Agencies
- Toxicology Laboratories
- Health Care Marketers etc.
Our Firm has seen a dramatic increase of health care fraud investigations across the United States. In Nevada, federal investigators and agencies under leadership of the U.S. Attorney’s Office in Las Vegas and Reno focus their efforts on investigating alleged violations of the following federal health care fraud statutes.
- Medicare Fraud (18 U.S.C. 1347)
- Medicaid Fraud
- Controlled Substances Act (21 U.S.C. 841)
- Anti-Kickback Statute (42 U.S.C. 1320a-7b)
- Stark Law Statute (42 U.S.C. 1395nn)
- False Claims Act (31 U.S.C. 3729-3733)
Oberheiden, P.C.is a health care fraud defense firm. That means that our attorneys spend every day of the week assisting clients with their compliance and defense cases relating to the pertinent rules governing the practice of medicine. We appear, negotiate, and resolve issues for our medical provider clients virtually daily before the following health care fraud enforcement agencies for clients from across the country.
- Centers for Medicare and Medicaid Services (CMS)
- Drug Enforcement Administration (DEA)
- Federal Bureau of Investigation (FBI)
- Medicaid Fraud Control Unit (MFCU)
- S. Department of Health and Human Services (HHS)
- Office of Inspector General (OIG)
- S. Department of Defense (DOD)
- S. Department of Labor (DOL)
- Other agencies and task forces
Although our practice encompasses all aspects of health care regulatory compliance and defense against government fraud investigations, our core services can be summarized as follows:
- Medicare Audits (ZPIC Audit)
- Health Care Fraud Investigations (False Claims Act, Stark Law)
- Criminal Defense (Defending Against Fraud Charges)
- Federal Criminal Trials Relating to Medicare Fraud, Controlled Substances
Think about it. If you have concerns about health care fraud or are seeking advice regarding a defense matter, what do you have to lose by calling former Justice Department prosecutors for a free and confidential case assessment?
Defending Las Vegas Clients Against Current Nevada Fraud Investigations
Our Las Vegas federal defense attorneys are prepared to represent physicians and health care executives in cases involving allegations of Medicare Fraud (18 U.S.C. 1347), Medicaid Fraud, as well as violations of 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 federal False Claims Act (31 U.S.C. 3729-3733).
- Controlled Substances Act.Pursuant to statistics, Nevada is among the states with the highest fatalities in connection with Schedule I, Schedule II, and Schedule III prescriptions. In fact, the so-called opioid crisis has long hit federal courthouses and law enforcement. New however is that any physician or psychiatrist who regularly prescribes pain medication must understand that investigators are systematically scrutinizing their dispensing and prescription records and policies in search for mistakes and deviations from mandates under 21 U.S.C. 841 and similar statutes. If you have compliance concerns or if your practice is on the government’s radar, you should contact Oberheiden, P.C. to get free and competent advice regarding your situation. Former DOJ lawyers will answer your questions and, if needed, guide you through the process to keep your license and reputation clear—or defend your interests in court.
- Nevada Medicare Fraud. Medicare Fraud and Medicaid Fraud have always been top enforcement priorities throughout Nevada. These efforts are now strengthened by the fact that Nevada prosecutors can expect more resources and support from Washington D.C. to intensify the investigations and to bring charges against business owners and providers. While, generally speaking, all providers and facilities in Nevada that accept Medicare patients should be on heightened alert (and should have professionals review their Medicare and billing compliance), the following business types are particularly exposed: home health care agencies (485 forms, certification and recertifications are under scrutiny); hospice agencies; DME companies; Las Vegas pharmacies; toxicology laboratories; rehabilitation centers. If you are in one of those industries or if you are accused of Medicare Fraud, you should not experiment. Penalties are severe and the best defense is a team of experienced defense attorneys with a proven track record in Medicare fraud and Medicaid fraud defense cases. Call us today to find out how we can help you and what defenses we see to get you out of trouble.
- ZPIC Audits. ZPIC audits are often the first step of a fraud investigation. There are several types of Medicare audits. In general, Medicare Administrative Contractors (MACs) and Recovery Audit Contractors (RACs) work to identify improper payments though a process of reviewing and analyzing claims data in addition to medical documentation that is obtained from the member/provider. Many times this involves a statistical sampling of files in order to establish an error rate. Another type of Medicare audit is conducted by the Zone Program Integrity Contractors (ZPICs). ZPIC audits identify and stop potential fraud and refer these cases to the Department of Health and Human Services (HHS) and the Office of Inspector General (OIG). The risk with Medicare audits is that a mishandled audit can lead to a referral to the U.S. Attorney’s Office. Oberheiden, P.C. knows how to avoid this. Former Department of Justice health care prosecutors with first-hand knowledge safely navigate our clients through the audit and make sure that they can continue their business and don’t need be worried about their license or a government investigation.
- Kickbacks & Bribery Accusations. The Anti-Kickback Statute remains among the most heavily enforced fraud statutes in Las Vegas. Medical marketers, physicians, and health care business owners in Nevada are frequently targeted for alleged non-compliance with the AKS. There are two types of investigations. One, business owners receive a subpoena (often from the Department of Health and Human Services or the Office of Inspector General) to produce certain financial documents. If that is the case, you should immediately call Oberheiden, P.C.. We have helped clients from all industries and from across the nation to avoid criminal charges and in many cases also avoided any civil or administrative liability by efficiently convincing the government that suspicious joint ventures or other business arrangements are covered by one of the exceptions to the Anti-Kickback Statute. Two, if your business or you individually are accused of a criminal violation of the AKS, you must understand that mistakes in your defense strategy can literally cost you your freedom. Whether you are seeking compliance advice or need help defending a financial relationship between a referring provider and a facility, let Oberheiden, P.C. find your best option. Calls are free and confidential and will be answered by senior attorneys.
- The False Claims Act. What makes the False Claims Act (FCA) so popular among federal prosecutors? Unlike a violation of the Controlled Substances Act or Medicare Fraud statutes, the FCA does not require the government to prove intent. To be liable, the government only needs to show that a claim was submitted and that the provider or health care business owner should have known that the claim was false and therefore fraudulent. Health care businesses in Las Vegas accused of a False Claims Act violation must understand that the CFA contains draconian penalties. To avoid such a negative outcome, Oberheiden, P.C. offers hospitals, pharmacies, toxicology laboratories, rehab facilities, and anyone else subject to FCA investigation a track record of resolving the vast majority of FCA and civil health care fraud investigations with no civil and no criminal liability outcomes for our clients. Call our senior attorneys for a free and confidential case assessment.
Important FAQs Regarding Health Care Fraud Investigations in Las Vegas, Nevada<
Q: What Are the Penalties for Health Care Fraud?
The penalties for federal health care fraud depend on the underlying statute. In civil cases (e.g. False Claims Act, Stark Law), the government may ask for a repayment. In criminal cases (Controlled Substances Act, Medicare Fraud), the penalties can include:
- Up to 10 years of federal imprisonment for each count of health care fraud
- Up to 20 years of federal imprisonment for each count involving serious bodily injury to a patient
- A life sentence for health care fraud resulting in a patient fatality
Q: Who Can Help Me WhenMy Practice Is Accused of Fraud?
When fraud allegations come up, many people turn to criminal defense lawyers. While that may be a normal reaction, the question is: does a criminal defense lawyer understand the nuances of health care law? Who can make a compelling presentation, who can educate health care fraud prosecutors, who can educate and convince a jury that you did not break any of the complex rules and regulations? We think health care fraud defense attorneys that spend every day doing nothing but defending medical providers and health care businesses against government fraud accusations are best suited to offer health care law knowledge and negotiation and trial skills in one package. If you call Oberheiden, P.C., you will speak to senior attorneys and former DOJ prosecutors right away and not be walled off by paralegals or secretaries. We immediately start working on each new case because we know that time is on the government’s side, not on your side.
Facing A Health Care Fraud Investigation in Las Vegas? Clients Trust Oberheiden, P.C.
Our Las Vegas federal criminal defense lawyers are available to begin working on your case immediately. To speak with our attorneys in confidence, please call (888) 519-4897 or request a free case evaluation online now.