Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Tahlequah, Oklahoma Medicare Fraud Defense for Professionals in Tahlequah, OK and the Surrounding Areas

If you’re in Tahlequah, Oklahoma or the surrounding area, and you’re being investigated for Medicare fraud, call Oberheiden & McMurrey, LLP. We provide legal advocacy for individuals, health care systems, and businesses under investigation by the federal government, involved in a Tricare or Medicare audit, in need of a Medicare fraud defense strategy, asset protection, federal compliance, jury trials, qui tam defense, OIG or grand jury subpoenas receipt, federal criminal defense, and internal investigations. Oberheiden & McMurrey, LLP’s team of skilled attorneys have legal education combined with former federal prosecutorial and senior trial attorney knowledge. Our Health Care Fraud Defense Team is managed by a former Chief Health Care Fraud Coordinator from the U.S. Attorney’s Office.

Medicare Fraud Is a Federal Offense

Medicare fraud is a federal offense with civil and criminal penalties. It is the act of filing one or more false claims with a federal health care program. Claims are filed in order for medical providers, clinics, hospitals, or businesses to be reimbursed by the federal health care program for medical services or equipment provided to a patient. Medicare fraud includes more than Medicare. It also includes Medicaid, Tricare, and federal workers’ compensation. If you’re under investigation for Medicare fraud, you’re being investigated for one of the following:

  • Violating the Anti-Kickback Statute;
  • Violating the False Claims Act
  • Violating Stark Law (the Physician Self-Referral Law)
  • Violating the Social Security Act
  • Violating U.S. Criminal Code

Individual providers, pharmacists, businesses, clinics, and businesses in Tahlequah Oklahoma are investigated for Medicare fraud more frequently than others in similar fields in similarly sized towns. Tahlequah is one of nine locations in the United States that has a large base of residents that rely on a federal health care program. The increase in the number of claims that are filed leads to constant monitoring by the Medicare Fraud Strike Force. This happens because the federal government believes that there is a parallel between the number of claims filed and an increase in Medicare fraud.

The Medicare Fraud Strike Force is an agency of federal investigators and prosecutors that monitors an area, investigates, and prosecutes Medicare fraud. Common federal agencies with representatives involved in the Medicare Fraud Strike Force includes the DOJ, DEA, DOD, Department of Human Services, the Office of Inspector General, the FBI, and the IRS. However, other federal agencies can be involved. If you’re being investigated by the Medicare Fraud Strike Force or if you’re contacted by a member from a federal agency, contact Oberheiden & McMurrey, LLP right away. Initial consultations are free.

Tahlequah, Oklahoma Medicare Fraud Investigations

Medicare fraud investigations in Tahlequah, Oklahoma and the surrounding areas usually start because an inaccurate claim is filed with the federal health care program for reimbursement. The federal government reviews the claim and determines it to be either inaccurate or fraudulent. Often, the claim includes an unauthorized medical service or use of medical equipment, have an inaccurate charge, or has an excessive charge. Common billing errors in Tahlequah that begin these investigations include:

  • Phantom billing – billing for services that were never performed;
  • Double billing for medical equipment or services;
  • Submitting a claim for medically unnecessary medical services or equipment;
  • Submitting a claim for medically unnecessary medical supplies;
  • Submitting a claim for a medically unnecessary certification (including a claim for hospice or home health care );
  • Inflating charges;
  • Up-coding;
  • The overuse of medical equipment of services;
  • Providing or accepting kickbacks.

Individual providers, physician-owned businesses, pharmacies, cancer centers, DME providers, and nursing homes in Tahlequah, Oklahoma are some of the most common targets of Medicare fraud investigations.

Civil and Criminal Penalties of Medicare Fraud

Medicare fraud allegations results in both civil and criminal penalties. Common civil penalties include:

  • Repayment of claims in questions;
  • Future claims aren’t paid;
  • A fine of up to $11,000 per false claim;
  • Exclusion from federal health care programs;
  • Assignment of treble damages;
  • Attorney fees

It’s highly possible that you’ll be called in front of the disciplinary or licensing board. This could lead to the loss of your license or your hospital privileges.

Criminal consequences could include:

  • Fines that cost you hundreds of thousands of dollars, even for a misdemeanor;
  • A criminal record;
  • A federal prison sentence of up to 10 years for each count of Medicare fraud for which you are convicted;
  • Federal prison sentence of up to 20 years for each count of Medicare fraud that resulted in serious bodily harm to the patient or patients;
  • A life sentence in federal prison for Medicare fraud that results in the death of a patient.

Hiring the Right Medicare Fraud Defense Attorney in Tahlequah, Oklahoma

An allegation of Medicare fraud can devastate your business. It is important that you hire the right Medicare fraud defense attorney. Often, Medicare fraud may lead you to face federal criminal charges such as mail fraud, wire fraud, or tax fraud. Look to hire a health care fraud defense attorney who serves Tahlequah, Oklahoma. Watch for these four traits:

  1. A successful record when handling Medicare fraud cases;
  2. Knowledge of the Medicare fraud and health care fraud laws and regulations;
  3. Knowledge of statutory exceptions;
  4. Both litigation and jury trial practices.

You should also ask the following questions to learn more about the lawyer’s skills:

  1. How many Medicare fraud cases have you handled throughout your career?
  2. How many of those resulted in no civil or criminal charges or in dismissals for your clients?
  3. How many of those cases were tried in court?

Medicare Fraud Defense Strategies

Oberheiden & McMurrey, LLP reviews each case to determine the right Medicare fraud strategies. Where possible, we do look to settle with the federal government, but we’re also skilled federal trial lawyers and we’re prepared to represent you in court. In fact, we’ve represented hundreds of clients. Several of Oberheiden’s lawyers are former federal health care prosecutors and trial lawyers. We’ve used our skills to develop Medicare fraud defense strategies for our clients in Tahlequah, Oklahoma.

Getting into contact with the federal government. Our priority is to protect you from facing criminal charges. One of the most effective ways by which we do this is getting into contact with the federal government. Contacting the government enables us to get answers to the most important questions:

  • What is the investigation about?
  • What prompted the investigation?
  • Is the investigation civil or criminal?
  • Which federal agencies are involved?
  • What is the ultimate goal of the government?
  • How can this matter be resolved?

Usually, we’re able to get answers to these questions within just a few hours. If you’re under investigation for Medicare fraud, contact Oberheiden & McMurrey, LLP right away.

Minimizing the risk of going to trial. The federal government has the burden of presenting evidence that shows you committed a crime. This evidence must meet a standard known as “beyond a reasonable doubt.” We review the evidence to determine if the federal government is able to meet this standard. Taking the time to review the evidence actually minimizes the risk that our clients face. In fact, this one strategy has produced the following results on a regular basis:

  • Dismissal of charges;
  • No criminal charges;
  • Client retains professional license;
  • Civil fine with no criminal plea;
  • Reducing a felony to a misdemeanor;
  • No federal prison sentence.

Showing lack of criminal intent. Additionally, the government must prove that you’ve acted with criminal intent. That’s hard for the government to prove since Medicare fraud investigations in Tahlequah, Oklahoma and the surrounding areas begin because a mistake is made and not because someone set out to defraud the government. The mistakes that start these investigations are often found in the billing and coding process. The most common errors include:

  • Using unqualified staff;
  • Inadequate supervision;
  • Inappropriate delegation and outsourcing;
  • Structural errors;
  • Human errors;
  • Oversight;
  • Employees who are overwhelmed;
  • No Medicare compliance program in place;
  • The changing health care laws and rules.

Establishing the Most Effective Medicare fraud defenses for each client. We review each case involving Medicare fraud so that we can understand the facts. Understanding the facts means that we are able to establish the right Medicare fraud defense strategies for each case. One of our clients was recently accused of providing fraudulent certification for home health care services. We proved that our client was legally protected by a recognized delegation exception and that the certification was compliant within the law. In another recent case, we refused to admit liability on behalf of our client. Instead, we proved to the federal prosecutor that our client acted within a safe harbor exception.

Oberheiden & McMurrey, LLP

Oberheiden & McMurrey, LLP provides legal advocacy for Medicare fraud defense for Tahlequah, Oklahoma and the surrounding areas. We represent medical providers, entities, business owners, executives, lawyers, clinics, pharmacists, pharmacies, and other related medical entities under investigation for fraudulent billing, illegal kickbacks, and allegations of medically unnecessary services, services not rendered, or unlawful joint ventures. We can help you in many areas, including:

  • Health care fraud defense
  • Compliance program creation and implementation
  • Internal investigations
  • Asset protection
  • Licensure or disciplinary proceedings
  • Jury trials

Oberheiden & McMurrey, LLP represents both individuals and entire health care systems or businesses in Tahlequah, Oklahoma and the surrounding areas. If you’re under investigation by the Department of Justice, the Department of Defense, the Federal Bureau of Investigation, DEA, the Office of Inspector General, Medicare Fraud Control Unit, the IRS, Tahlequah or Oklahoma law enforcement, get in contact with Oberheiden & McMurrey, LLP immediately. Consultations are free and confidential.

Our Track Record

  • Defense of Medicare laboratory against investigations by the Department of Justice and the U.S. Attorney’s Office for alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of a health care services company against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged False Claims Act and Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of Medicare laboratory against investigations by the Department of Health and Human Services and the Office of Inspector General for alleged Health Care Fraud.
    Result: No civil or criminal liability.
  • Defense of nationally operating health care company against an investigation by the Department of Defense for alleged Tricare fraud.
    Result: No civil or criminal liability.
  • Defense of health care marketing company against an investigation by the Office of Inspector General for alleged False Claims Act and Medicare violations.
    Result: No civil or criminal liability.
  • Defense of a laboratory against an investigation by various branches of the federal government for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of physician-owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Department of Justice for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged False Claims Act violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by various branches of the federal government for alleged False Claims Act, Stark Law, and Medicare violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Department of Defense for alleged Tricare fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Department of Justice for alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of physician-owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of health care management organization against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of nationally operating laboratory against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability.

Medicare Fraud Defense Lawyers Serving Tahlequah, Oklahoma

Nick OberheidenNick Oberheiden is a Harvard-trained and internationally educated health care fraud defense attorney. Dr. Oberheiden has successfully represented health care executives, business owners, public officials, physicians, and lawyers in high profile prosecutions, during accusations of political corruption, government investigations, and directed media campaigns, including 60 Minutes. He is most known for stopping federal investigations before criminal charges can be filed. In addition to his health care defense practice, Dr. Oberheiden leads internal investigations, implements corporate compliance programs, and teaches U.S. criminal law and federal litigation in the United States and abroad.

Lynette ByrdLynette S. Byrd is a former Assistant United States Attorney (AUSA). Clients greatly benefit from Ms. Byrd’s knowledge from the Department of Justice, where she prosecuted health care fraud, Anti-Kickback violations, False Claims Act, and Stark violations on behalf of the United States. Ms. Byrd has skills with health care law enforcement, and she regularly argues federal matters for her clients.

We are available every day of the year. You can call us directly or complete our contact form or by emailing us directly.

800-810-0259
Including Weekends
Oberheiden & McMurrey, LLP
Serving Tahlequah, Oklahoma and Surrounding Areas
www.federal-lawyer.com
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 do not guarantee similar future outcomes. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

IF YOUR FREEDOM IS AT STAKE

YOU SHOULD CONTACT US TODAY

Contact the Experienced Attorneys of Oberheiden & McMurrey, LLP Now for a Confidential Consultation

Contact Us Now
×