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New Mexico Healthcare Fraud Defense Attorneys

Experienced Healthcare Fraud Defense Attorneys Serving Clients In New Mexico

New Mexico Healthcare Fraud Defense Attorneys

The Justice Department and Albuquerque federal prosecutors have targeted mental health providers, pain management physicians, psychologists, and those care facilities in New Mexico that accept Medicaid and Medicare patients in new, unprecedented ways. Almost no way goes by without new accusations, arrests, and criminal prosecutions against recognized members of the New Mexico healthcare community.

If you or your practice are one of these targeted practices, this is what you need to know. Healthcare investigations can result in draconian fines and even criminal convictions. To preserve your license and to protect your livelihood, speak to an experienced healthcare fraud attorney. You cannot afford to experiment. Get Oberheiden, P.C. on your team today for free and confidential advice from former Department of Justice prosecutors.

About Oberheiden, P.C.

Oberheiden, P.C. is a team of New Mexico healthcare fraud defense lawyers and former federal prosecutors who represent medical providers and businesses against unjust charges of fraud. Our attorneys offer unmatched backgrounds when it comes to handling health fraud investigations and criminal defense cases for Medicaid and Medicare providers.

Our experience:

  • Licensed to Practice in New Mexico Federal Court
  • Former Department of Justice Trial Attorneys
  • Former Assistant United States Attorneys
  • Former Federal Healthcare Fraud Prosecutors
  • Experience of More than 2,000 Federal Healthcare Fraud Cases
  • Dismissed Federal Indictments
  • 70 Years of Department of Justice Experience

Our Dallas-based healthcare fraud defense team has successfully represented psychologists, physicians, pain management specialists, pharmacies, toxicology laboratories, DME companies, home health and hospice agencies, and many more against alleged violations of the Controlled Substances Act, Medicare Fraud, Medicaid Fraud, the Anti-Kickback Statute, and alleged fraud of private insurance plans. Our consultations are free and confidential.

Our attorneys are prepared to vigorously defend New Mexico mental health specialists, physicians, business owners, and healthcare entities against accusations 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).

New Mexico Healthcare Entities are Being Targeted in Federal Fraud Investigations

The New Mexico Medicaid Fraud Control Unit, the U.S. Department of Health & Human Services’ (HHS), the Drug Enforcement Administration (DEA), the Office of Inspector General (OIG), the Federal Bureau of Investigation (FBI) and other law enforcement agencies have joined forces in an open war to take down New Mexico mental providers, medical providers, home health centers, hospice agencies, and a great number of facilities that offer Medicaid and Medicare services to citizens of New Mexico.

  • Prescription Drug Fraud. According to statistics, New Mexico is the state with the most opioid related fatalities. Pain management physicians in New Mexico and those medical providers that regularly prescribe drugs falling under Schedule I, Schedule II, Schedule III medications need to get the experienced healthcare law defense attorneys on their team to avoid becoming a target or zealously defending criminal accusations. Oberheiden, P.C. has offers clients a wealth of experience, gained in investigations on behalf of the Department of Justice as former federal healthcare fraud prosecutors as well as proven in hundreds of cases on behalf of clients across the United States, including in New Mexico. Don’t handle DEA agents or FBI investigators on your own. Call us today and speak to competent legal counsel to get the advice that can save your freedom.
  • Medicare Fraud& Medicaid Fraud. It is no secret that New Mexico has gained a reputation for Medicaid Fraud and Medicare Fraud investigations. The climate of enforcement in Albuquerque, Las Cruces, Roswell, Santa Fe and surrounding communities remains extremely hot and providers and health companies that provide services to Medicaid patients or Medicare beneficiaries have to be prepared for challenges by the government. By way of explanation, Medicare Fraud represents any intentional violation of federal laws, in particular 18 U.S.C. 1347 and 18 USC 1349 (conspiracy to commit healthcare fraud). Medicaid and Medicare fraud include a variety of misconduct such billing fraud, upcoding, getting paid for services not actually provided, home health and hospice certifications, and many more. Oberheiden, P.C. has handled Medicare and Medicaid cases across the country, including in New Mexico, with success. If you are a target of the New Mexico Medicaid Fraud Control Unit, the New Mexico Attorney General’s Office, the FBI, or other law enforcement agencies tasked to investigate and prosecute health fraud at the U.S. Attorney’s Office in Albuquerque, you must immediately discuss your situation with experienced New Mexico healthcare fraud defense attorneys that can guide you through the process. Oberheiden, P.C. represents clients in New Mexico. Call us today and speak to a senior attorney in a free and confidential consultation.
  • Kickbacks &Bribery Accusations. The Anti-Kickback Statute prohibits the offering, solicitation, payment, or receipt of any form of compensation for a patient referral. Often overlooked, the Statute applies to anyone, not just physicians. New Mexico doctors, health marketers, pharmacies, and toxicology laboratories have become subject to intense scrutiny since the government takes the position that illegal kickbacks are behind many New Mexico business arrangements and joint ventures between physicians and business owners. Whether you are seeking compliance advice or need help defending an existing arrangement, contact Oberheiden, P.C. to discuss your best options. Calls are free and confidential and will be answered by senior New Mexico healthcare fraud defense lawyer.

Think about it. If you have concerns about healthcare 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 Information About Federal Charges in Albuquerque, New Mexico

The federal criminal justice system is complex and mistakes when choosing the defense strategy or selecting the right New Mexico healthcare fraud defense attorney can result in serious consequences. Trust experienced attorneys with a proven track record if you got federally arrested, were subject to a search warrant, received a target letter, or a grand jury subpoena.

  • Federal Arrest. In order to get a federal arrest warrant, prosecutors and federal agents (ICE, Homeland Security, IRS, FBI etc.) need to convince a federal magistrate judge that there is probable cause that you committed a federal offense. Probable cause does not mean you are guilty or that it is close to being a fact that you did something wrong. On the other hand, when an arrest occurs, it is very important to not resist but at the same time to maintain your constitutional rights. That means, be quiet. Even though it may be tempting, do not discuss your situation with the police or the agents escorting you. They are not your friends. They want information from you. Don’t make their case easy by talking with them without a lawyer being present. Please call Oberheiden, P.C. immediately. We can talk to the lead agent, we can communicate with the prosecutor, and we can make sure we can represent you in the court hearing that will occur at the Albuquerque federal courthouse that day. Most arrests happen in the early morning hours. We will pick up the phone!
  • Search Warrant (Residence & Business). New Mexico federal agents often use search warrants to gather potential evidence. Search warrants may occur at your house and/or your business. Required is that the lead agent shows you the judge’s order that defines and authorizes the arrest. The moment agents show up, you must call Oberheiden, P.C. to protect your rights. Again, do not discuss the warrant or the underlying case with the agents. Wait for our experienced attorneys to take over. If your New Mexico business or your house gets raided, contact Oberheiden, P.C. immediately to handle the matter.
  • New Mexico Grand Jury Subpoena. Our attorneys have handled in excess of 2,000 grand jury proceedings and we help clients every day to provide responses to federal grand jury requests. From our own experience as government lawyers, we know how quickly a bad response to a subpoena can result in criminal charges. If you or your business received a grand jury subpoena or another form of government notice, you should contact Oberheiden, P.C. immediately to get competent and reliable advice.
  • Target Letter from the Albuquerque U.S. Attorney.If you receive a so-called target letter, the government informs you that they think you committed a crime or helped someone else to commit a crime. Most people not familiar with the federal criminal system think that target letters are a bad thing. Clearly, target letters are scary because you are now only inches away from being indicted, charged, and prosecuted. However, Oberheiden, P.C. sees the opportunity in target letters. Rather than just being surprised, shocked, and arrested, the government puts you on notice. How is this helpful? Well, it allows attorneys that actually understand the federal criminal justice system in New Mexico to act, negotiate, and resolve on your behalf. Oberheiden, P.C. is prepared to take your case (and your target letter) to New Mexico prosecutors to start finding a resolution, rather than waiting for a prosecution. We intervene. We object. We fight. We use the window of opportunity that the target letter provides!

Remember: 2,000 healthcare fraud cases have trained us to know how to help you. The cardinal rule is: the sooner you call us, the more we can do for you!

Compelling Defenses and Creative Ideas for Healthcare Practices in New Mexico

When your license, your business, and potentially your freedom are at stake, nothing replaces a proven defense plan. Healthcare fraud defense is not a hobby. There is a reason why Oberheiden, P.C. almost exclusively focuses its practice on federal health fraud, ZPIC audits, civil and criminal health investigations, and federal criminal trials in the healthcare industry. Just like our attorneys would not advise you what to do if you get pulled over for drunk driving, the best DUI attorney probably should not advise you on how to defend your practice in a healthcare fraud investigation or a Medicare audit.

  • Audits
  • Investigations
  • Criminal Defense
  • Federal Trials

Our strategic approach to defending health providers throughout New Mexico 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, we are ready to challenge the government in court. With many 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.

Frequently Asked Questions

Why does the DEA target doctors in New Mexico?


New Mexico doctors are targeted by the DEA, the FBI, and the Department of Justice if they prescribed opioids, stimulants and other addictive medications to chronic pain patients between 2014 and the present. The government‘s position is that medically unnecessary prescriptions caused the national crisis and that a prosecution of prescribers and pharmacies is the solution to solve complex issues of accidental overdoses, drug diversion, and addiction.

What are the most common healthcare fraud claims?


Although the federal government oversees the same set of laws that equally apply throughout the country, certain states raise additional concerns for practitioners. For example, given the state’s status as a hotspot for prescription drug abuse, federal prosecutors are especially on the lookout for the following:

  • Billing for medically unnecessary services, supplies or equipment
  • Billing for services or supplies not provided
  • Falsifying patient records
  • Illegal kickback arrangements
  • Inaccurately reporting test results
  • Prescription drug fraud

If you face healthcare fraud charges, you need a New Mexico federal healthcare fraud defense attorney who is familiar with the unique landscape these cases exist within.

What should you look for in a New Mexico federal healthcare fraud defense attorney?


Few cases are as complex as those involving allegations of healthcare fraud. As an initial matter, these cases are rare in that they can involve either civil or criminal liability, or both. Additionally, healthcare fraud cases require more than legal knowledge to effectively handle; they also require an attorney understand the complex nature of the healthcare industry. Thus, if you are facing federal healthcare fraud charges, the most important thing to look for in an attorney is experience. And not just experience trying any type of case, but specific experience negotiating and litigating healthcare fraud cases. If you can find a New Mexico federal healthcare fraud defense lawyer who previously worked for the federal government investigating healthcare fraud claims, they can provide you with valuable insight into how the government will build its case and which defenses may be the most likely to succeed.

When should I contact a New Mexico federal healthcare fraud defense attorney?


Without question, you should contact a New Mexico federal healthcare fraud defense attorney as soon as you learn that you are under investigation for healthcare fraud. By reaching out to an attorney early in the process, they can get involved in the investigation from the outset. This will give federal investigators less uninterrupted time to investigate the case and come to their own conclusions. In some cases, a New Mexico federal healthcare fraud defense attorney can convince federal investigators that their initial impressions were incorrect, and that bringing charges is not necessary. However, even if civil or criminal charges are filed, a New Mexico federal healthcare fraud defense attorney is a valuable ally in the process. If you are under investigation for healthcare fraud, do not hesitate to reach out to a New Mexico federal healthcare fraud defense attorney.

Call Oberheiden, P.C. Today and Find Our Why So Many New Mexico Clients Trust Our Skilled Team With Their Healthcare Matter

Our team of New Mexico healthcare fraud defense lawyers is available to begin working on your case immediately. To speak with our attorneys in confidence, please call 888-680-1745 or request a free case evaluation online now.

Oberheiden, P.C.
Compliance – Litigation – Defense

Why Clients Trust Oberheiden P.C.

  • 1,000+ Cases Handled
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorneys
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Cases Handled in 48 States
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