New York Health Care Fraud Defense
New York Health Care Fraud Lawyer Dr. Nick Oberheiden
New York, NY 10005
(Meeting location by appointment only)
Times are tough for New York physicians and medical business owners. Not a single day goes by without reports about new government investigations, FBI and DEA raids, and criminal arrests of good and hard-working people. Over the last few months alone, dozens of New Yorker physicians and health care business owners experienced what it means to be a target of a government investigation. From Brooklyn to Queens to Flushing Meadow to Manhattan and any other part of New York, clients have engaged New York health care fraud defense attorney Dr. Nick Oberheiden to fight unjust charges, to defend their medical licenses, and to protect their freedom.
Licensed in all state and federal courts of New York, Nick has successfully avoided criminal charges for his clients in hundreds of DEA, OIG, and FBI health care cases, including the following:
- DEA Diversion Cases
- Opioid & Controlled Substances Act
- FBI and OIG Medicare Fraud Cases
- Whistleblower Defense (“Qui Tam”)
- Criminal Kickback Investigations
- Medicare Fraud Audits (ZPIC)
- Medicaid Fraud (Including Dental Fraud)
- Stark Law
A significant number of health care fraud investigations in New York City and the State of New York involve prosecutors and agents from the Medicaid Fraud Control Unit (MFCU), the Attorney General of New York, the DEA, the Medicare Fraud Strike Force, and agents from the Department of Health and Human Services (HHS-OIG). Our firm regularly represents clients in investigations by the:
- Drug Enforcement Administration (DEA)
- Office of Inspector General (OIG)
- Federal Bureau of Investigation (FBI)
- New York Medicaid Fraud Control Units (MFCUs)
- U.S. Attorney’s Office in Manhattan, Brooklyn, and throughout New York (USAO)
- Department of Justice (DOJ)
Featured by media stations across New York, attorney Dr. Nick Oberheiden dedicates his entire practice to the defense of physicians and health care businesses. With more than a thousand health care fraud investigations handled and with a team that includes high-ranking ex-Justice Department trial attorneys and senior health fraud prosecutors, Oberheiden, P.C. offers clients in New York true experience and unparalleled case outcomes.
Why Do Physicians in New York Trust Dr. Nick Oberheiden, Esq.?
Many lawyers deliver speeches; Nick delivers results. Attorney Dr. Nick Oberheiden has successfully defended physicians and health providers against accusations Medicare fraud, Medicaid fraud, and allegations of professional misconduct. Nick’s track record in health care investigations is hard to beat. Nick has avoided criminal charges in hundreds of federal investigations at U.S. Attorney’s Offices across the country, including New York. Anyone unjustly accused of a health care law offense should call Nick right away to make sure your case will equally result in no civil and criminal liability.
If you or your practice is under government investigation, you should immediately reach out to experienced attorneys with a proven track record in health care cases. The difference between prosecution and no charges rests on the experience of hundreds of health fraud cases handled.
What Are Some Recent Case Outcomes Nick Oberheiden Obtained for His Clients in Health Care Fraud Cases?
Nick Oberheiden is a true health care fraud defense lawyer in New York, and his results demonstrate his skillset. Last month alone, for example:
- (1) Nick avoided federal indictments for four physicians (including doctors from New York) in unrelated investigations. All 4 physicians were under federal criminal investigation for allegedly having received illegal kickbacks. Nick’s approach allowed all of his physician clients to exit the investigation with no civil and no criminal liability and without any complaint or reporting to their professional licensing board.
- (2) Nick convinced a federal judge to dismiss a federal complaint against his client in the matter of United States v. T.B… This case was a complex federal health care fraud whistleblower case that alleged substantial health fraud and violations of the federal False Claims Act, the Controlled Substances Act, and other critical federal health care fraud statutes. Notably, Nick’s client was the only defendant that the court allowed to be dismissed from the case. Originally, the client contacted and engaged Nick with the uncertainty and fear that come with the fact of being a named defendant in a federal fraud case. Thanks to Nick, the client exited the case with no civil and no criminal liability.
- (3) Nick and his team convinced the DEA not to move forward against their client, a New Yorker family practitioner, for alleged violations of the Controlled Substances Act. In a response to the federal subpoena, Nick and his team contacted the agents in charge to work out a resolution that would not include any criminal charges against the doctor. A favorable deal was reached and the physician continues to practice and to see his beloved patients.
- (4) Call Nick to discuss more examples and your situation.
Important Questions Regarding Health Care Fraud Investigations in New York
Health care fraud is among the most complex areas of the law. Constantly changing rules and increasingly aggressive enforcement activity will teach you quickly that this not the time or the area of law for experiments. New York physicians and business owners must understand that there are no second chances when it comes to avoiding civil liability (that can ruin your business), let alone criminal prosecution. The following questions represent a selection of FAQs that our clients in New York frequently ask our attorneys. Of course, Nick Oberheiden will be personally available to address these and any other questions you may have in a free and confidential phone conference with you. Call him today and get answers to your questions!
Q: What Is the Biggest Mistake I Can Make in a Health Care Investigations?
The number one mistake you can make in a health fraud investigation is to underestimate the power and resourcefulness of government investigators. If you are under investigation or if you have reason to believe that you might be, (1) don’t hesitate to call a qualified defense attorney immediately; (2) don’t think you can handle it yourself; (3) don’t think just any lawyer will outsmart a seasoned health care fraud FBI agent. Health fraud investigations are different than most other cases because they require a profound understanding of the underlying health care law statutes as well as superb litigation and negotiation skills. Any mistake, such as volunteering information to the government or sitting down for an interview with FBI agents without competent counsel, can lead to devastating consequences—even if you think you are innocent and you have nothing to hide. Sure enough, the government will try to find a way to entangle you in their case. To be blunt, the best physician and the smartest businessman are not necessarily the best FBI defense attorney. Think about what’s on the line. You better call Nick right away.
Q: Should I Cooperate with Federal Agents?
Absolutely not. As stated before, even if you have nothing to hide, there is zero benefit for you to engage with federal agents on your own. What most people don’t know is that speaking to a federal agent is the equivalent of testifying in federal court. Federal law calls for years of incarceration for anyone who lies, misrepresents, or holds back information when talking to a federal agent. In other words, if you share only “half” of the story, or only the “good” things when speaking to an FBI or OIG or DEA agent, you may commit a federal felony. Federal agents are required to protocol each and every interview and encounter. A statement you may make in the moment of surprise when agents suddenly stand in front of you cannot be undone, nor corrected. The much better approach is to get the agent’s business card and to have an experienced attorney to first establish what the investigation is about (and what your exposure may be) before talking to the government.
Q: Who Are Nick’s Clients?
Nick’s clients come from all sectors of the health care industry. Nick has represented many hundreds of physicians, dentists, mental health providers, and business owners. Many of his clients approach Nick in times of crisis when everything is on the line. Nick does not judge; he helps. No matter what the situation is, he will find a sophisticated and strategically effective solution. Nick has substantial experience with international clients and he has defended a great number of good people from all over the United States and the world including Nigeria, Vietnam, Russia, Ukraine, South America, and most parts of the Middle East. Everyone is welcome and everyone will get Nick’s full commitment.
Q: How Does the Government Gather ‘Evidence’ in Health Care Cases?
Evidence in health care investigations is often based on records previously subpoenaed or information that was seized in a search warrant. Parallel to obtaining written records and documents, federal agents are known to gather information by interviewing former employees, or, by surprise, contacting the actual targets of the investigations themselves. Depending on the nature of the investigation, evidence could come from these written records or the statements that were made during law enforcement interviews, or both. If you experience either one of these approaches— whether it is a subpoena, a search warrant, or you receive notice that federal agents are trying to interview you or any of your affiliates—please contact attorney Dr. Nick Oberheiden immediately to disrupt the government’s case.
Q: Will Junior Lawyers Touch My Case?
Absolutely not. Attorney Dr. Nick Oberheiden does not delegate your important case to junior lawyers, paralegals, or secretaries. Unlike most other firms, we believe that nothing replaces experience and confidence gained in prior successful case outcomes. If you trust Nick with your business or your license, you deserve the best lawyers of our firm to fight for you.
Q: Should I Disclose Billing Errors to CMS and Medicare?
In deed, New York Medicare providers are able to disclose billing problems and mistakes to the Centers for Medicare and Medicaid Services (CMS). However, from our experience, such disclosure is rarely in the best interest of our clients. For one, the disclosure process is fairly complex and is demanding significant portions of information that includes sworn representations. For another, the government has the ability to utilize your information to refer your disclosure statements for criminal prosecution. Finally, the self-disclosure process is not available if a case investigation against you has already started. If you have questions about the self-disclosure process or recently discovered some Medicare billing issues, you should speak to attorney Dr. Nick Oberheiden. Nick has actually (successfully) navigated clients through the CMS self-disclosure process and understands when disclosure is a good option—and when to chose a different strategy. Again, nothing replaces experience.
Call Today for a Free Case Assessment from Former DOJ-Prosecutors
Oberheiden, P.C. is a federal health care fraud and federal criminal defense law firm with a substantial track record of resolving health care fraud investigations without criminal charges being filed. With more than 1,000 health care fraud investigations handled and more than 500 criminal cases tried, we do not need any introduction to government prosecutors.
Oberheiden, P.C. will dedicate all resources to your success. Call us today to discuss your situation or concerns in a free and confidential consultation, including on weekends.
Speak to Skilled Health Care Fraud Defense Attorney in NY Nick Oberheiden Today: Free & Confidential
Successful case resolutions — you keep your license and you will not be charged with a crime — are never accomplishable by being passive or simply defending a case. If you call Nick Oberheiden today, Nick will show you how a proactive defense approach is the only way to go in health care cases. Contact him today and discuss your matter with Nick directly in a free and confidential consultation.
Compliance – Litigation – Defense