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90%+ SUCCESS RATE
AVOIDING CRIMINAL CHARGES

Dr. Nick Oberheiden
Founder

Aaron Wiley
Former State &
Federal Prosecutor

S. Amanda Marshall
Former U.S. Attorney

Bill McMurrey
Former DOJ-Trial Attorney

Lynette Byrd
Former Assistant
U.S. Attorney

  • Federal Criminal Defense
  • Federal Trial Lawyers
  • Search Warrant Defense
  • Grand Jury Subpoenas
  • OIG Subpoenas
  • Whistleblower Cases
  • FBI, DEA, IRS, OIG, HHS Cases
Toxicology and Sober Living Homes Investigation

Categories: Criminal Law & Process

investigations

Avoiding Criminal Charges In Toxicology and Sober Living Homes Investigations

Oberheiden, P.C. represents targets of federal criminal investigations accused of kickbacks and health care fraud in connection with sober living facilities and toxicology laboratories. Our lawyers include former Department of Justice Trial Attorneys, former Assistant and Special Assistant United States Attorneys and former federal prosecutors who previously prosecuted and supervised health care fraud investigations at the U.S. Attorney’s Office.

  • Experience: More than 1,000 health care fraud investigations
  • Experience: More than 1,000 grand jury investigations
  • Experience: Former Department of Justice health care fraud prosecutors

We rely on our vast experience working both for and against the federal government to offer effective defense plans for our clients.

Criminal Prosecution of Commercial Insurance Fraud

Have you, your company, or a business associate of yours received a letter stating accusations of health care fraud from an insurance company, a grand jury, or the Department of Justice?

The Department of Justice has been targeting sober living homes and toxicology laboratories for health care fraud violations, particularly violations of the Anti-Kickback Statute and other anti-kickback laws.  The number of criminal investigations and prosecutions in these industries has skyrocketed in recent years. Any payments to providers for referrals to a particular medical service provider may be seen as a felony criminal offense for both the referring provider and the medical service provider.

If you own or work for a sober living home or a toxicology laboratory and you need answers about health care fraud investigations and effective defense strategies, you should contact the former federal prosecutors and veteran health care defense attorneys at Oberheiden, P.C.. All consultations are free and confidential.

Statutes That May Apply to Commercial Insurance Fraud

Federal fraud investigations against sober living homes and toxicology laboratories typically allege a combination of the following federal criminal statutes: general health care fraud (18 U.S.C. § 1347), mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), and money laundering (18 U.S.C. § 1956). Each of these crimes may result in a federal felony conviction which carry potential penalties of years in prison.  Therefore, any time a fraud investigation is pending, caution is in order.

  • Health Care Fraud: Health care fraud charges apply anytime a defendant engages in a scheme to willfully and knowingly defraud any health care program. Penalties for health care fraud range from up to 10 years in prison per count of health care fraud to up to 20 years per count of health care fraud resulting in serious bodily injury to a patient and up to life in prison per count of health care fraud that cause death to a patient.
  • Mail and Wire Fraud: The mail and wire fraud laws encompass any schemes to defraud that use mail or wire (e.g. the internet) communications. Under the federal wire fraud statute, any use of electronic means (e.g. the internet, emails, phones) to commit illegal activities qualifies as wire fraud. The penalty for committing mail or wire fraud is up to 20 years in prison per count.

 

  • Money Laundering: Money laundering charges pertain to any transactions designed to disguise, conceal, or hide the proceeds of an illegal scheme or to evade taxes. Federal prosecutors view improper kickbacks in the same manner they view proceeds from the drug trade, and they scrutinize any attempt to conceal the origins of money. The punishment for money laundering is up to 20 years in prison per count.

At Oberheiden, P.C., our attorneys prioritize avoiding criminal charges for our clients. Our attorneys have experienced prolific success protecting our clients during criminal investigations and trials, particularly when we get involved at the early stages of the investigation. Our firm includes former federal prosecutors and seasoned health care defense attorneys who rely on their years of experience to find solutions in complex investigations.

Proven Strategies in Anti-Kickback Cases

The experienced team of attorneys at Oberheiden, P.C. have resolved Anti-Kickback Statute investigations with no indictment in many states, including but not limited to Texas, California, Alabama, Louisiana, Colorado, and Florida. Based on the insights we have gained handling hundreds of Anti-Kickback Statute investigations, we have developed a proven defense strategy that we tailor to the circumstances of each of our clients’ cases.

  1. Early Intervention. Early engagement of an experienced attorney offers a client the best odds of avoiding or mitigating criminal charges as the result of a health care fraud investigation.  Our attorneys will act as the intermediary between our clients and government investigators in order to prevent our clients from making incriminating statements or unnecessary admissions to the government.  Additionally, we will answer our clients’ pressing questions about their cases.  Many times, targets of investigations will look to the government for answers, but in doing so, they simply raise the government’s suspicions and hurt their own cases.
  1. Responding to Government Subpoenas. Any time someone receives a grand jury subpoena it should be taken very seriously.  Although grand jury subpoenas can be issued to third party witnesses, many times grand jury subpoenas are issued to targets of an investigation who do not yet realize that they are under investigation.  Such individuals may produce self-incriminating documents, or they may directly contact federal agents to discuss the subpoenas and inadvertently make self-incriminating statements.  For these reasons, it is always best to hire a defense attorney to handle your response to a grand jury subpoena.  Our attorneys will conduct all communications with the federal investigators, such that you will not have the opportunity to incriminate yourself.  Moreover, our attorneys know how to read a grand jury subpoena to understand what documents you do or do not need to produce.  In this way, we may help you may avoid producing non-responsive but self-incriminating documents.
  1. Cooperation or Confrontation. Perhaps the most critical decision any suspect faces during a criminal investigation is whether to cooperate with the government or take the case to trial.  The right decision in any case depends upon the weighing of many case-specific factors, such as how strong the evidence is against you, how good the deal is that the government is offering, whether or not other defendants have agreed to cooperate, and personal considerations, such as family, health, or finances.  The veteran defense attorneys at Oberheiden, P.C. have handled hundreds of cases, and we rely on our experience to help guide our clients to the best decision for their individual circumstances.  Additionally, with the insight of former federal prosecutors, we can help our clients negotiate beneficial deals with the government.

Oberheiden, P.C. has regularly convinced the government to forego or lessen criminal charges in health care fraud cases by demonstrating that our clients are merely guilty human errors and legal misunderstandings, but not criminal fraud. If you have received any communication from insurance companies or the government relating to a health care fraud investigation, you should immediately contact Oberheiden, P.C. to speak with one of our experienced defense attorneys.

About Oberheiden, P.C.

Oberheiden, P.C. employs a team of former federal health care prosecutors and experienced health care fraud defense attorneys. If you have been contacted by federal investigators, call us today to speak to one of our senior attorney.  All consultations are free and confidential. Among our attorneys are the former chief for health care fraud at the U.S. Attorney’s Office, former Assistant United States Attorneys (AUSA), former Special Assistant United States Attorneys (SAUSA), former Department of Justice Trial Attorneys, the former Deputy Chief of the Trial Section at the U.S. Attorney’s Office, and distinguished criminal defense lawyers.

We take all of our clients’ cases very serious. We are available for a free and confidential consultation seven days a week, including on weekends.

Call Former DOJ-Prosecutors Today

Federal investigations are very serious matters.  If you suspect that you or your business are under investigation, contact Oberheiden, P.C. today for a free and confidential consultation.  We have lawyers available to speak with you about your case seven days a week – including weekends.

Oberheiden, P.C.
Compliance – Litigation – Defense
(800) 810-0259
(214) 469-9009
(310) 873-8140
(714) 294-2000
Federal-Lawyer.com
Not all attorneys of Oberheiden, P.C. are licensed in California and nothing contained in here is meant to constitute the unauthorized practice of law.
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