Criminal Defense and Health Care Fraud Lawyers Representing Individuals, Companies, and Practices in Oregon
Our seasoned Federal Criminal Defense defense attorneys and former federal prosecutors have a significant track record of securing favorable results for individual and corporate clients in federal civil and criminal litigation. If you are under investigation, awaiting trial, or facing a business dispute call (702) 213-9490 now for a free case assessment with a Oregon Federal Criminal Defense lawyer.
Facing a federal investigation or being charged with a federal crime is an extremely serious matter. The penalties for federal crimes can reach decades of incarceration and hundreds of thousands of dollars in fines. Even when charged as a civil offense, health care fraud and other fraud-related offenses can result in insurmountable financial liability and federal program exclusion. Licensed professionals can lose their privilege to practice, and health care providers and other companies can face irreparable damage to their public reputations.
Although it does not carry the direct potential for civil enforcement action or criminal prosecution, business litigation involving private parties can have substantial impacts for companies of all sizes as well. From day-to-day disruptions to the potential for a substantial judgment at trial, companies defending against civil lawsuits can face a variety of challenges. Mitigating the risk of an unfavorable verdict requires a strategic defense.
At Oberheiden, P.C., we provide skilled and aggressive legal representation for individuals, health care providers, and other businesses in a broad range of civil and criminal federal matters. With a litigation team that includes former federal prosecutors and experienced authorities in the area of health care fraud defense, we have amassed a substantial record of favorable results for our clients. From advising businesses that have received civil investigative demands (CIDs) to representing licensed professionals and executives in criminal court, we routinely assist our clients at all stages of the investigative and litigation processes.
“Nick and his partners were great to work with. They were quick to respond to any questions that I had and also spent the time to make me feel like they cared about my situation when I was panicked. I would recommend Nick and Elizabeth to anyone. These guys know the law and helped me tremendously. Thank you.” – Firm Client
Litigation, Compliance, and Defense Attorneys Serving Oregon
We represent clients in four primary areas: (i) health care law compliance, (ii) health care fraud defense, (iii) federal criminal defense, and (iv) business litigation in federal court. All of our attorneys have extensive experience in their areas of practice. And with our firm’s team approach, all of our clients have the benefit of decades of relevant experience on their side.
Health Care Law Compliance
Maintaining a robust compliance program is the best way to mitigate against the risk of a federal inquiry leading to civil or criminal charges. All health care providers in Oregon are subject to strict scrutiny by the Centers for Medicare and Medicaid Services (CMS) and its private audit contractors. Providers who prescribe, dispense, and administer prescription medications are also subject to the oversight of the Drug Enforcement Administration (DEA). The Department of Health and Human Services’ Office of Inspector General (OIG), Medicare Fraud Strike Force, and various other agencies and task forces monitor health care providers’ billing, recordkeeping, and prescription practices as well. In order to avoid raising red flags that can trigger an investigation, providers must continually remain cognizant of the burdens of statutory and regulatory compliance.
At Oberheiden, P.C., we provide comprehensive compliance program development, implementation, and training services for health care providers in Oregon. Our compliance programs are designed to address issues including, but not limited to:
- False Claims Act compliance
- Stark Law and Anti-Kickback Statute compliance
- Controlled Substances Act compliance
- Medicare, Medicaid, and Tricare billing regulation compliance
- DEA registration and renewal
- CMS and state board licensing compliance
- Patient and program billing recordkeeping policies and procedures
- Business entity structuring
- Employment, independent contractor, and marketing relationships
Health Care Fraud Defense
As a health care provider in Oregon, facing a federal audit or investigation is a serious matter that requires your full and immediate attention. Audits and investigations both have the potential to lead to formal charges. The penalties for non-compliance can include fines, treble (triple) damages, denial of payment, program exclusion, loss of registration or licensure, and even federal imprisonment. At Oberheiden, P.C., we have extensive experience as defense attorneys and former federal prosecutors in health care fraud matters including:
- ZPIC, RAC, and MAC audits
- Responding to civil investigative demands, subpoenas, letters from the U.S. Attorney’s Office, and other requests for information and documentation
- Federal investigations involving CMS, DEA, OIG, Medicare Strike Force, and other agencies and authorities
- Civil enforcement proceedings and litigation
- Criminal prosecutions, plea negotiations, and trials
Federal Criminal Defense
We represent individual and corporate clients facing criminal charges in federal district courts throughout Oregon, and we also have extensive experience in federal criminal appeals. If you are under investigation, have received a grand jury subpoena, or are awaiting trial on federal charges, you need to speak with an attorney as soon as possible. At Oberheiden, P.C., our Oregon Federal Criminal Defense defense team is available 24/7, and we can take action immediately if necessary in order to defend you against allegations of:
- Bank and insurance fraud
- Computer crimes
- Drug crimes (including prescription drug fraud)
- Health care fraud and related offenses
- Mail fraud and wire fraud
- Money laundering
- Violent crimes
- White collar crimes
Business Litigation in Federal Court
In addition to representing clients in matters involving the federal government, we also maintain a robust civil litigation practice. This practice focuses on representing health care providers and other businesses (as well as their owners and executives) in negotiations, alternative dispute resolution (ADR) proceedings, and federal court. Our litigation and appellate attorneys draw upon experience in a broad range of federal cases to protect clients’ legal and financial interests in matters including:
- Health care litigation
- Malpractice defense
- Business disputes
- Non-compete violations
- Employment litigation
- Antitrust litigation
- Intellectual property disputes
- Civil appeals
Frequently-Asked Questions (FAQs): Going to Federal Court in Oregon
Q: What do I need to know if my health care practice is being audited by a CMS contractor?
If your health care practice is being audited by a Zone Program Integrity Contractor (ZPIC), Recovery Audit Contractor (RAC), Medicare Administrative Contractor (MAC), or any of the other various types of audit contractors that work with CMS, you need to approach the audit with the same level of caution and attention to detail that you would approach a federal investigation. The reason for this is simple: ZPICs, RACs, MACs, and other audit contractors have the authority to impose penalties including recoupments, denial of payment, and prepayment review. They can also refer health care providers to the DOJ and other authorities for federal health care fraud investigations. These are serious matters and having an experienced Oregon Federal Criminal Defense team on your side is critical.
Q: What types of practices can lead to federal prosecution for health care fraud?
In today’s world, federal authorities are looking for any potential grounds to pursue fraud investigations targeting physicians, pharmacists, hospitals, clinics, toxicology laboratories, and other health care providers. Some of the most-common allegations that trigger these investigations and lead to civil and criminal prosecutions include:
- Billing and coding errors
- Billing for medically-unnecessary services
- Payment and receipt of kickbacks and referral fees
- Phantom billing
- Unlawful compensation arrangements
- Unlawful prescription practices
Q: Is it possible to negotiate a plea deal with federal prosecutors?
Yes, under appropriate circumstances. While our primary goal in every federal case is to protect our client against any and all liability, in some cases it simply is not feasible to convince the U.S. Attorney’s Office to drop the case entirely. If the evidence is stacked against you, we can seek to negotiate a plea deal that minimizes the consequences of your investigation. We have significant experience in federal plea deal negotiations. To date, not a single one of our clients has been forced to close its business or practice as a result of an investigation in which we were involved as defense counsel.
Q: Can you appeal a verdict from the federal district court?
Yes, subject to restrictions on both (i) the amount of time that has lapsed since your verdict, and (ii) the specific grounds on which you are seeking to appeal your judgment or conviction. In addition to representing clients in investigations and trials, we also maintain a robust appellate practice in which we represent clients in both civil and criminal appeals. Learn more:
Q: What should I be doing if I am concerned about a possible federal investigation or civil lawsuit?
If you are concerned about a possible federal investigation or civil lawsuit targeting your business or practice, you need to seek legal representation promptly. At Oberheiden, P.C., we offer free initial consultations and we can act quickly to help you limit your legal risk and mitigate any potential exposure. This includes providing advice and representation regarding:
- Preserving hardcopy and electronic records
- Responding to subpoenas and other demands
- Instructing employees on interacting with federal agents
- Conducting an internal assessment and addressing any potential issues
- Executing a comprehensive defense strategy
Discuss Your Situation in Confidence
For more information about our services for individuals, health care providers, and other businesses in Oregon. We are an experienced and proven Oregon Federal Criminal Defense Law Firm, please contact us to schedule your free initial consultation. You can reach us 24/7. So call (702) 213-9490 or tell us how we can help online now. Our Portland, Oregon office is conveniently located at 4545 SW Angel Ave., Beaverton, OR 97005.
This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results cannot guarantee a similar future outcome in your case. Oberheiden, P.C. is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.