Miami Federal Defense
Reliable Miami Federal Defense Attorneys For Physicians and Businesses
As recent as late 2017, the Attorney General of the United States, Jeff Sessions, made it clear that the Justice Department will fight the opioid crisis with prosecutions of physicians, psychiatrists, and take downs of pharmacies. Health care fraud enforcement is nothing new in Miami. However, this time federal prosecutors in Miami, Tampa, and surrounding communities have almost unlimited resources and support from Washington D.C.
Caution is in order. In this climate of enforcement, Medicare providers, home health and hospice business owners, and prescribers of Schedule I, Schedule II, or Schedule III drugs must make a conscious decision: do I consult with experienced Miami federal defense attorneys to make sure my compliance standards and legal defenses are in check, or do I roll the dice and hope that my practice will not make headlines?
About Oberheiden, P.C.
Oberheiden, P.C. represents clients in Miami with Florida lawyers and lawyers located in Miami. What makes us different is our unmatched experience when it comes to audits, investigations, and criminal defense in health care cases.
This is who we are:
- 1,000+ Federal Health Care Fraud Cases
- 500+ Criminal Trials
- 1,000+ Grand Jury Subpoenas
- Former Department of Justice Trial Attorneys
- Former Federal Health Care Fraud Prosecutors
- Dismissed Federal Indictments
- Avoided Criminal Charges in the Majority of Cases
Miami providers know they can count on us. The proven Miami federal defense attorneys at Oberheiden, P.C. have successfully represented toxicology laboratories, pharmacies, Medicare providers, home health and hospice agencies, and individual clients like physicians and marketers in federal investigations and criminal cases involving violations of the Controlled Substances Act, Medicare Fraud, Medicaid Fraud, the Anti-Kickback Statute, and fraud of private insurance plans. Do not hesitate to call right away if you want a former lead prosecutor to assess your case—free of charge and absolutely confidential.
What Are the Current Health Care Fraud Investigations in Miami, Florida?
Our Miami health care fraud defense lawyers have a long history of representing Florida physicians and 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-7b), the Stark Law Statute (42 U.S.C. 1395nn), and the federal False Claims Act (31 U.S.C. 3729-3733).
- Medicare Fraud, Medicaid Fraud. Is your business under investigation for Medicare Fraud or Medicaid Fraud? Is the government sending out agents to interview you, your employees, or business partners? Did you receive a subpoena? This is what you need to know. Miami is home to the Medicare Fraud Strike Force, an elite group of investigators, federal agents, and prosecutors that are specially trained and tasked to identify fraud to federal health law programs like Medicare in Southern Florida with local headquarters in Miami. Medicare providers in Miami and surrounding communities must understand that fraud and abuse in Miami health entities is far more and way more aggressively prosecuted in Southern Florida than it is true in many parts of the country. Oberheiden, P.C. employs former Department of Justice prosecutors and former Assistant United States Attorneys in charge of Medicare Fraud. Count on our experience. Our attorneys have handled more than 1,000 health care fraud cases. Our Miami federal defense attorneys know what it takes to defend fraud and how to litigate unjust charges.
- Kickbacks &Bribery Allegations. The Anti-Kickback Statute is heavily enforced in Florida. Almost no day goes by without news about new allegations of improper financial relationships between referring surgeons or other specialists and businesses. What is important to understand is that it is easy for anyone in health care to become subject to the Anti-Kickback Statute. By the same token, whether the accusations are civil or criminal in nature, experienced health fraud defense attorneys are required to convince law enforcement agencies that potentially illegal referral or payment schemes fall either under an accepted exception or are otherwise legally justified under the facts of the case. Oberheiden, P.C. has resolved Anti-Kickback investigations across the country resulting in no civil and no criminal liability for our clients. We have done so for toxicology laboratories, for pharmacies, for hospitals, for research laboratories, and for a great number of physicians and marketers. If your practice is under investigation, act quickly. Hire former prosecutors, hire Oberheiden, P.C., and don’t give the government the time to build a case against you. Vigorous intervention and sophisticated defense strategies are key in kickback cases. Call the Miami federal defense attorneys that can protect your practice and your reputation. Calls will be answered by senior attorneys.
- Prescription Drug Fraud. According to national statistics, Florida is among the states with the highest fatality rate when it comes to prescription medications. Since the public announcement of the supreme federal prosecutor, Jeff Sessions, it is no longer a secret that the Drug Enforcement Administration (DEA) has taken over the declared war against opioids. Miami health providers must be on alert. Prescribing Schedules I-IIIs, like in the “old” days is risky business. Recommended is a comprehensive compliance assessment, or where charges are threatened or already brought, a sophisticated and skillful defense strategy. Oberheiden, P.C. offers reliable advice and forceful criminal defense ideas to everyone in the Miami health industry.
- The False Claims Act. Miami prosecutors love the False Claims Act (FCA) because the FCA does not require them to prove intent. All that is needed to be found liable under the FCA is a showing that a business or a provider should have known that the submission of the claim was false and thus fraudulent. In practice, the FCA is a strict liability statute. Any violation leads to liability. Luckily, the Miami federal defense lawyers of Oberheiden, P.C. have defended health care businesses, medical practices, and providers in countless cases to conclude the investigation with good news for the Oberheiden, P.C. clients: no liability. Prevailing in an FCA case is not easy. Experienced attorneys profoundly familiar with the law must find compelling reasons why the business should not/could not have known that the billing practice in question was illegal. Over and over, our attorneys have done just that. If you under FCA investigations in Miami, keep calm and call us. We will navigate Florida providers through this process.
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?
Important FAQs Regarding Health Care Fraud Investigations in Miami, Florida
Being under investigation by the government can be extremely stressful. At Oberheiden, P.C., our highly skilled Miami federal defense attorneys want you to know that you can count on experience, sophistication, and proven results. We are sure that many questions are going through your mind right now. Please do call us. Talking to knowledgeable lawyers and in particular to those lawyers that previously led investigations at the Justice Department themselves can be like therapy. Which of the following questions are on your mind?
- Q: When can a provider face criminal charges for health care fraud?
- Q: What Are the Penalties for Health Care Fraud?
- Q: I Am Accused of Health Care Fraud: What Now?
- Q: How Do I Know Whether My Case Is Civil or Criminal?
- Q: What do I need to know if my practice is under investigation?
- Q: What types of health providers are being targeted in Miami, Florida?
- Q: What are some examples of billing and coding errors that can trigger federal fraud investigations?
- Q: What are some examples of practices that can lead to allegations of prescription drug fraud?
- Q: What steps can I take to protect my business or practice now that I am aware of the government’s investigation?
- Q: What steps are involved in defending against a federal health fraud investigation?
- Q: What Are Likely Outcomes If My Business is Under Investigation for Health Care Fraud?
- Q: What Is Prescription Fraud?
- Q: Are There Exceptions to Violations of the Anti-Kickback Statute and the Stark Law?
- Q: What are the requirements for a valid physician certification for home care?
- Q: What is the definition of “designated health services” under the Stark Law?
Proven Defenses for Health Care Providers in Miami, Florida
Our strategic approach to defending providers in Miami and throughout Florida includes:
- Making immediate contact with the investigators and prosecutors involved in your case in order to intervene in the investigation and collect the key information we need to formulate a tailored defense strategy.
- Evaluating the legal standards that apply based on the nature of the government’s investigation and the unique aspects of your business or practice.
- Exploring all possible defenses to the government’s allegations, including statutory exceptions and safe harbors, factual arguments, and constitutional protections.
- Doing everything possible to preserve your professional reputation and resolve the investigation without your business or practice being put in jeopardy.
- Trial expertise. Where needed, our determined Miami federal defense attorneys are ready to challenge the government in court. With more than 500 criminal cases handled, Oberheiden, P.C. is highly capable of bringing in former Department of Justice Trial Attorneys, former state and federal prosecutors with significant courtroom expertise.
Clients Trust Oberheiden, P.C.’s Dedicated Health Care Fraud Defense Team
Areas We Serve in Miami, Florida
Egypt Lake-Leto, Lake Magdalene, Mango, Brandon, Citrus Park, Bloomingdale, East Lake, Largo, Miami, Aventura, BalHarbour, Bay Harbor Islands, Homestead, Cutler Bay, Florida City, El Portal, Medley, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores, Miami Springs, North Miami, North Miami Beach, Sunny Isles Beach, Palmetto Bay, Opa-locka, Pinecrest, Surfside, West Miami, Virginia Gardens, Sweetwater, Coral Gables, Cutler Bay, Hialeah, Hialeah Gardens, Key Biscane.
Miami Federal Defense Attorneys – Oberheiden, P.C.