Dallas Medicare Fraud Defense Lawyers
4131 N Central Expy, #900
Dallas, TX 75204
972-846-8818
Oberheiden, P.C. is a team of former Dallas Department of Justice prosecutors and experienced healthcare fraud defense attorneys. Our firm combines the experience of recognized defense attorneys with the insights and contacts that several of our attorneys have obtained while serving the U.S. Attorney’s Office in Dallas, Texas. All clients receive representation by accomplished and highly respected attorneys. Dr. Nick Oberheiden is a recognized healthcare fraud defense attorney and managing principal of Oberheiden, P.C. Our attorneys are local and welcome the opportunity to help you.Together, we work as one team to assist our clients in civil and criminal healthcare investigations. Our clients include:
- Home Healthcare Centers
- Hospice Care Centers
- Physical & Occupational Therapy
- DME & Device Companies
- Hospitals & Surgery Centers
- Pharmacies & Laboratories
What Is a Medicare Fraud Conspiracy?
Medicare Fraud cases allege conspiracies of false, excessive, or unauthorized services. It may include billing for unneeded or unperformed goods and services, certification, coding errors, and illegal kickbacks. In a broad sense, Medicare Fraud is submitting false claims to a governmental healthcare program. Medicare Fraud can include wrongdoings falling under the following statutes:
- False Claims Act,
- Anti-Kickback Statute,
- Physician Self-Referral Laws (Stark Law),
- Social Security Act, or
- U.S. Criminal Code.
The government can charge Medicare Fraud as a conspiracy. A conspiracy is the agreed plan of two or more individuals to defraud the government. Members of the conspiracy do not have to know each other, communicate or interact with each other. Equally irrelevant is whether a co-defendant played a central or minor role in the alleged scheme. What matters is that all co-defendants must take part in some way. They must agree, implicitly or explicitly, and by conduct, to commit fraud.
Medicare Fraud Investigations in Dallas
Dallas is a nucleus for healthcare fraud enforcement. Business owners must know that fraud investigations are more forceful here than in many other communities. Dallas is home to one of the specialized Medicare Fraud Strike Force. Each team combines agents from the Department of Justice (DOJ), the Department of Health and Human Services (HHS), the Office of Inspector General (OIG), and the Federal Bureau of Investigation (FBI). The Dallas Medicare Fraud Strike Force currently targets:
- home healthcare centers,
- hospice care centers,
- nursing homes,
- hospitals,
- pharmacies,
- toxicology and DNA laboratories,
- DME and medical devices companies, and
- physician syndications.
Clients interested in discussing their situations can speak directly to managing partner Dr. Nick Oberheiden. If your case is an emergency, do not hesitate to call us today, including weekends. All calls are free and confidential.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former Department of Justice
Brian J. Kuester
Former U.S. Attorney
Former DA
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney & Former District Attorney
Local Trial & Defense Counsel
Amanda Marshall
Former U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Michael Koslow
Former Supervisory Special Agent (FBI)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Defending Medicare Fraud Charges in Dallas
Recent raids in Northern Texas demonstrate the need to prepare an aggressive defense plan. Penalties can result in criminal fines and exclusion from government healthcare programs. A Medicare Fraud conviction or a plea of guilt in court risks prison time. Federal statutes penalize healthcare fraud as follows:
- Up to 10 years in prison for each count of Medicare Fraud
- Up to 20 years in prison if the fraud resulted in serious bodily injury
- A life sentence if the fraudulent Medicare practice resulted in the patient’s death.
Oberheiden, P.C. approaches each case with the absolute goal of avoiding criminal charges. Our team combines the experience of hundreds of healthcare investigations. We handle each case with the insights and courtroom experience of former government attorneys in charge of healthcare fraud. We rely on three key defense elements.
- Early Intervention. We know hesitation and ineffective defense strategies give prosecutors the time needed to build their case. Oberheiden, P.C. intervenes right away. We treat each matter as an emergency and launch an effective defense with haste. We strive to provide our clients answers to these and many other questions within the first hours of our engagement:
- What is the case about?
- What prompted the investigation?
- Is the case civil or criminal?
- What is my exposure?
- Why am I under investigation?
- How can the issue be resolved?
- No Guilt. The U.S. justice system places a heavy burden on the government to prove criminal misconduct. For a finding of guilt, the government must prove beyond a reasonable doubt the knowing and willful execution, or attempt thereof, of a scheme or artifice to defraud a healthcare benefit program. We rely on the U.S. Constitution to put this high burden of proof to the test. In fact, our experience tells us the majority of fraud allegations stem from mistakes by unqualified staff. We demonstrate that your business did not conspire to knowingly and willfully defraud Medicare. We show that mistakes, if any, occurred with no criminal intent.
- Profound Experience. Effective defenses in fraud prosecution require two key components. First, expert knowledge of pertinent healthcare rules, regulations, billing codes, and certification requirements. Second, superb negotiation and trial experience. Our knowledge and skill will convince the government and courts that you did not violate the law. Oberheiden, P.C. successfully resolves healthcare fraud matters by introducing hidden, but applicable defenses and exceptions.
Call Oberheiden, P.C. today to discuss your situations with our experienced attorneys. All initial consultations are free and confidential. Call 972-846-8818, or complete our contact form.
Dallas & Texas Healthcare Fraud Defense Attorneys
Oberheiden, P.C. has successfully assisted clients in Dallas and Texas to defend against allegations of Medicare and Medicaid Fraud, Tricare Fraud, DOL Fraud, Anti-Kickback, the False Claims Act, and federal Stark Law. All our clients are represented by experienced attorneys with a demonstrated record of healthcare law and government knowledge.
Call us now and speak to one of the experienced attorneys of Oberheiden, P.C. Have a former federal prosecutor from the U.S. Attorney’s Office in Dallas, Texas assess your case in a free and confidential consultation.
Our Success Stories
Oberheiden, P.C. represents clients in Dallas who are under investigation by the Department of Justice (DOJ), the Department of Defense (DOD), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Office of Inspector General (OIG), the Medicaid Fraud Control Unit (MFCU), the Internal Revenue Service (IRS), or other task forces. We obtained the following case outcomes for our clients in recent healthcare fraud investigations.
Medicare & Medicaid Fraud:
- Successful Defense of a Healthcare Business against an Investigation by the Department of Justice and the U.S. Attorney’s Office for Alleged Medicare Fraud.
Result: No Liability. - Successful Defense of a Healthcare Business against an Investigation by the Department of Health and Human Services for Alleged Medicare Fraud.
Result: No Liability. - Successful Defense of a Healthcare Business against an Investigation by the Office of Inspector General and the FBI for Alleged Medicare Fraud.
Result: No Liability. - Successful Defense of a Marketing Company against an Investigation by the Office of Inspector General and the U.S. Attorney’s Office for Alleged Medicare Fraud.
Result: No Liability. - Successful Defense of Physician Syndication against an Investigation by the Office of Inspector General and the FBI for Alleged Medicare Fraud.
Result: No Liability. - Successful Defense of a Toxicology Laboratory against an Investigation by the Office of Inspector General for Alleged Medicare Fraud.
Result: No Liability. - Successful Defense of a Toxicology Laboratory against an Investigation by the Office of Inspector General and the FBI for Alleged Medicare Fraud.
Result: No Liability. - Successful Defense of a Physician against an Investigation by the Office of Inspector General for Alleged Medicare Fraud.
Result: No Liability. - Successful Defense of a Physician against an Investigation by the Office of Inspector General for Alleged Medicaid Fraud.
Result: No Liability.
Tricare Fraud:
- Successful Defense of a Physician Syndication against an Investigation by the Office of Inspector General and the FBI for Alleged Tricare Fraud.
Result: No Liability. - Successful Defense of a Toxicology Laboratory against an Investigation by the Department of Defense for Alleged Tricare Fraud.
Result: No Liability. - Successful Defense of a Toxicology Laboratory against an Investigation by the Office of Inspector General and the Department of Defense for Alleged Tricare Fraud.
Result: No Liability. - Successful Defense of a Physician against an Investigation by the Department of Defense and the Office of Inspector General for Alleged Tricare Fraud.
Result: No Liability.
Stark Law & False Claims Act:
- Successful Defense of a Healthcare Business against an Investigation by the Department of Health and Human Services Alleged Stark Law Violations.
Result: No Liability. - Successful Defense of a Healthcare Business against an Investigation by the Office of Inspector General and the FBI for Alleged Stark Law Violations.
Result: No Liability. - Successful Defense of a Marketing Company against an Investigation by the Office of Inspector General and the U.S. Attorney’s Office for Alleged Violations of the False Claims Act.
Result: No Liability. - Successful Defense of a Physician Syndication against an Investigation by the Office of Inspector General and the FBI for Alleged Violations of the False Claims Act.
Result: No Liability.
Including Weekends
Oberheiden, P.C. Serving: Allen, Arlington, Balch Springs, Bedford, Burleson, Carrollton, Cedar Hill, Cleburne, Colleyville, Coppell, Denton, DeSoto, Duncanville, Euless, Farmers Branch, Flower Mound, Fort Worth, Frisco, Garland, Grand Prairie, Grapevine, Greenville, Haltom City, Hurst, Irving, Keller, Lancaster, Lewisville, Little Elm, Mansfield, McKinney, Mesquite, North Richland Hills, Plano, Richardson, Rockwall, Rowlett, Sachse, Southlake, The Colony, Waxahachie, Weatherford, and Wylie
Additional Pages for Dallas, Texas
- Dallas corporate compliance
- Dallas corporate investigations
- Dallas employment litigation defense
- Dallas False Claims Act & Qui Tam defense
- Dallas federal criminal defense
- Dallas grand jury subpoenas
- Dallas healthcare fraud defense
- Dallas hospice & home health fraud defense
- Dallas hospital compliance and audits
- Dallas ICE and I-9 audit defense
- Dallas pharmacy compliance and audits
- Dallas white collar criminal defense
Oberheiden P.C.
4131 N Central Expy, #900
Dallas, TX 75205
972-846-8818