Miami Health Care Fraud Defense Attorneys

Miami health care providers are often the target of high-stakes health care fraud investigations that can jeopardize their practice and potentially ruin their careers. If you suspect that you are under investigation, you need our experienced Miami health care fraud defense attorneys of Oberheiden, P.C.

Health care providers are currently being targeted for possible violations of health care laws and regulations. Aggressive prosecutors and authorities from the Department of Justice, Federal Bureau of Investigation, Medicare Fraud Strike Force, Health and Human Services Office of Inspector General, and Health Care Fraud Unit launch extensive investigations into local health care providers whom they suspect of myriad health care law violations.

Miami is home to one of nine cities with an established federal health care fraud task force. Investigators are constantly looking for providers who have violated federal statutes. When you are confronting charges brought by this task force or other federal agencies, it is critical that you seek legal assistance from a criminal defense lawyer who is experienced in health care fraud defense.

Oberheiden, P.C. offers health care fraud defense for medical providers, businesses, and entities that have found themselves targeted by federal agencies. Our Miami health care fraud defense attorneys offer over 100 years of combined legal experience that they put to use to quickly design a legal defense that is customized to your particular situation.

Nick is extremely professional and knows what he is doing. He is also very kind as a person (unless he is in court!) I would recommend him to just about anyone if they need an amazing lawyer that is top notch and would frankly be scary to face in the court room. He will always do a great job representing his clients. Thank you very much.read more
Anna Pham
Anna P.
Nick is the absolute top expert in any federal case
Jeff Crilley
Jeff C.
Smart. Smarter. Nick. As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in action! Very calm and determined, Nick is the absolute top litigator.read more
Whitney Bryant Milam
Whitney Bryant M.
Nick has been a friend and trusted advisor for almost 10 years. As anyone just looking at his bio can tell, Nick is an outstanding attorney in highest demand across the country. All healthcare providers should hire attorney Nick Oberheiden!! You will not be disappointed.
Pamela mulrooney
Pamela M.
Dr. Oberheiden has served as council and represented our company on several occasions, even during depositions, contract reviews and providing invaluable advice on multiple occasions that transpired into multilevel success in our business. He and his teams knowledge of both local, state and federal statues, accompanied by their areas of expertise law regarding best asset protection, estate planning and wealth management solutions have provided both professional and personal growth for my companies, safeguarding them and protection my family’s name and legacy. I would recommend this firm and Dr. Nick Oberheiden without hesitation. I have no doubt that you will experience success with his council.read more
Corban Milam
Corban M.
I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
Brendan Carosi
Brendan C.
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Angela Lee
Angela L.
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
Jacqueline Singleton
Jacqueline S.
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
Ed Orosa
Ed O.
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance. Dr. S.T.read more
Raft Consultants
Raft C.
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Michael P
Michael P
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
Marshall M
Marshall M
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Chris Anderson
Chris A.

What Is Health Care Fraud?

Health care fraud involves submitting false or misleading information in order to receive health care benefits or payments for them. Health care fraud can be brought under a variety of federal or state statutes, which further define the crime and the potential penalties.

Federal Health Care Fraud Charges

One common statute that federal prosecutors use in health care fraud cases is 18 U.S.C. § 1347. This law defines health care fraud as the knowing and willful execution or attempt to execute a scheme to defraud any health care benefit program or to falsely obtain any benefit of a health care program.

To secure a conviction under this law, the federal prosecutor must prove the following legal elements by proof beyond a reasonable doubt:

  • The defendant knowingly and willfully executed or attempted to execute a scheme to defraud a health care benefit program or falsely obtained a benefit of a health care program.
  • The defendant made false statements that related to a material fact.
  • The defendant acted in a willful manner and intended to defraud the health care benefit program.
  • The defendant’s actions were in connection with the delivery of health care benefits, items, services, or the payment for them.

The potential penalty for conviction of this offense is up to ten years imprisonment along with additional fines.

There are many other statutes that federal prosecutors can use to charge individuals and entities with health care fraud. Federal authorities may use the following laws to prosecute Miami health care providers:

  • False Claims Act – This law is designed to protect the federal government from being overcharged for goods or services, including reimbursements from Medicare. The False Claims Act allows federal authorities to charge violations per each false claim that can result in significant penalties to health care providers and possible exclusion from further billing to the program. Additionally, it provides rewards for whistleblowers, which may motivate reports from anonymous sources.
  • Anti-Kickback Statute – The Anti-Kickback Statute makes it illegal for an individual to pay or receive anything of value in exchange for referrals to Medicare and other government health care programs.
  • Stark Law – The Stark Law prohibits doctors from referring Medicare patients to entities in which the doctor or an immediate family member has an ownership or investment interest.
  • Controlled Substances Act – The Drug Enforcement Agency is responsible for investigating potential criminal violations of drug laws, including monitoring physicians for writing prescriptions for unnecessary medication or selling prescriptions.

State Health Care Fraud Charges

Many instances of health care fraud may be prosecuted simultaneously at the state and federal level. Several health care programs are based on both federal and state law. For example, Medicaid is a program that is run by the state and federal government. Therefore, a person may be charged with both state and federal charges for Medicaid violations.

Florida law defines health care fraud as making a misrepresentation or intentionally deceiving a health care program, knowing that the deception results in an unauthorized benefit to the individual or a third party. Most forms of health care fraud in the state are considered third-degree felonies.

Types of Health Care Fraud

There are several activities that can rise to the level of health care fraud, including the following:

  •    Billing for services not rendered
  •    Fraudulent billing for a non-patient
  •    Billing for more hours than those rendered
  •    Duplicate billing
  •    Illegal fee sharing
  •    Billing for unnecessary services
  •    Falsification of credentials
  •    False cost reports
  •    Accepting kickbacks
  •    Illegal prescribing of medications
  •    Nurses ordering medications without the approval of the physician
  •    Counterfeit prescriptions
  •    Theft or sale of patient medications
  •    Forging prescriptions

If you have been charged with one of these offenses or another health care fraud violation, it is imperative that you retain a skilled Miami health care fraud defense lawyer who will quickly get to work on your case. Oberheiden, P.C., is available 24/7. Our Miami health care fraud defense attorneys can schedule a confidential consultation during which one of our seasoned health care fraud defense lawyers will discuss your situation with you and explain how we can help.

Why You Should Choose the Miami Health Care Fraud Defense Attorneys at Oberheiden, P.C., for Your Defense

Put Our highly experienced team on your side

Meet Nick Oberheiden

Dr. Nick Oberheiden

Attorney & Founder

Lynette Byrd

Lynette S. Byrd

Former Federal Prosecutor
Partner

Roger Bach

Roger Bach
(Non-lawyer)

Former Special Agent, OIG

Chris J. Quick

Chris J. Quick
(Non-lawyer)

Former Special Agent (FBI)

When extreme penalties are at stake (such as possible imprisonment, the loss of a medical license, and the possibility of being ordered to pay exorbitant fines), it is important that you engage a federal defense law firm as soon as possible. Clients throughout Miami, Florida, and the rest of the country choose the experienced and proven Miami health care fraud defense attorneys at Oberheiden P.C., for the following reasons:

  • Experience – Our firm has handled thousands of cases involving health care fraud defense. Some of our attorneys are former federal prosecutors who know how the other side works and what holes they may have in their case. Our team leverages over a century’s worth of legal experience in health care fraud defense in complex and high-stakes cases involving federal criminal charges.
  • Robust track record – We have a proven track record of securing favorable outcomes and have even convinced prosecutors to drop criminal charges against our clients. Our Miami health care fraud defense attorneys have helped many clients avoid federal indictments by providing early intervention in their case. We have often been able to stop federal investigations in their tracks long before charges are filed. Additionally, we have prevented many defendants from having to serve any prison time. Every client whom we have represented who was subject to a False Claims Act investigation has not been held criminally or civilly liable. Also, we have negotiated significant civil penalties to nominal amounts. We implement proven strategies that have garnered favorable outcomes for former clients.
  • Focus – Federal task forces and authorities devote extensive resources to health care fraud investigations and prosecutions. It is important that you mount a strong defense against these charges. Your attorney will focus on your case and employ proven strategies to defend you against serious charges. We have the knowledge and experience to lodge a strong defense on your behalf.
  • Customized legal representation – Our experienced attorneys know that every case is unique. We will create a customized defense strategy, commencing with an effective and aggressive defense from the start. We will explore all options about how we can resolve your case with a favorable outcome, including providing assistance to prosecutors in another case in exchange for dropping charges against you. Our skilled Miami health care fraud defense attorneys can also try to broker a favorable plea agreement that may help avoid prison time, such as seeking probation or alternatives to incarceration. We understand that your future and your freedom are at stake, and we will work tirelessly on your case.
  • Ready for a courtroom battle – Our attorneys can advise you on whether early resolution is in your best interest or if it is preferable to proceed to trial. Our attorneys have represented clients in over 500 trials and supervised many others. Our Miami health care fraud defense lawyers are recognized for their aggressive trial practice.

Speak with our Miami Health Care Fraud Defense Lawyers Today

If your Miami health care business, practice, or organization is currently under investigation, please call Oberheiden, P.C., to schedule an initial consultation with a skilled Miami health care fraud defense attorney. Our team can immediately get started on your case to mount an aggressive defense or help you create a compliance program. We have over 100 years of combined experience in defending clients against charges that can result in imprisonment, significant monetary fines, and damage to their reputations. Call our Miami health care fraud defense lawyers today at 214-692-2171 or contact us online to schedule your confidential consultation.

All website terms, conditions, and disclaimers apply to this information and are hereby fully incorporated. Specifically, this information has been prepared (1) For informational purposes only and does not constitute legal advice; (2) This information may constitute attorney advertising in some jurisdictions; (3) Merely reading this information does not create an attorney-client relationship; (4) Attorneys of Oberheiden P.C., are not licensed in all states but are only licensed to practice in the states mentioned in their respective biographies. Nothing contained in here is meant to constitute the unauthorized practice of law or a suggestion of physical presence in the state; (5) Prior results do not guarantee similar outcomes in the future.

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