How To Avoid Criminal Charges In Alaska Medicare Fraud Investigations

Experienced Medicare Fraud Defense Attorneys and Former Federal Healthcare Prosecutors

Oberheiden, P.C. is a group of former federal healthcare prosecutors and experienced Medicare fraud defense attorneys who joined together to create a boutique law firm to help clients in healthcare fraud defense cases. Our team includes Lynette Byrd, a former federal prosecutor with experience in civil and criminal matters for the Department of Justice, and Dr. Nick Oberheiden, a defense lawyer for healthcare fraud cases nationwide who has frequently appeared on local and national news programs. Our lawyers have experience in Alaska and nationwide, and are eager to work for you and offer you and your company proven and sophisticated defense strategies to fight Medicare fraud allegations.

Serious Charges Need Sophisticated Strategies

If you are found guilty of healthcare fraud, the penalties can range from monetary restitution in a civil case to onerous fines and even incarceration in prison in criminal cases. As you can see, federal law considers healthcare fraud a serious offense. While each unique case requires its own individual approach, we begin our defense of each case with the same ultimate goal: avoiding a criminal conviction. In order to succeed in this goal, we use proven strategies we have developed during our years of experience. These strategies include methods to quickly analyze the case so that we can answer your most pressing questions as soon as possible. News stations across the United States have featured one of our most well-known techniques, the Emergency Defense Package or EDP. The EDP has been specially created to organize, investigate, and strengthen defenses for persons or businesses who find that they are the targets of a healthcare fraud investigation. Oberheiden, P.C. offers:

• Years and Decades of Trial Experience
• Former Federal Prosecutors to Provide Unique Insight
• Profound Expertise in Healthcare Law
• Proven Defensive Strategies & Techniques
• Hundreds of Successful Outcomes and Happy Clients

While the federal government is large, the number of attorneys and investigators specializing in Medicare fraud is quite small. Because the line between an honest mistake and intentional or reckless misconduct, or between a civil investigation and a criminal one, is extremely thin, your lawyer’s past experience with the federal prosecutors and his or her reputation with those members of the government could make all the difference.

Civil v. Criminal Penalties

In Alaska, Medicare fraud investigations are usually brought by the Office of Inspector General (OIG), the Department of Health and Human Services (HHS), The Department of Justice (DOJ), or the Federal Bureau of Investigation (FBI). These investigations may also include special state or federal healthcare fraud units, such as Medicaid Fraud Control Units, state Medicaid Agencies, and the Center for Medicare and Medicaid Services (CMS). Cases brought by any of these agencies my be prosecuted in Alaska either civilly or criminally.

• Criminal Charges: Criminal prosecutions of individuals are the largest and most aggressive healthcare fraud prosecutions brought by the federal government. In these cases, the government investigators may obtain search warrants, raid businesses and homes at night or in the early hours of the morning, often appearing with guns or SWAT teams, seize and freeze bank and investment accounts, haul away written and digital records, including healthcare records, computers, and files. Ultimately, the government will seek to secure indictments of the medical providers, owners, or healthcare executives. Of course, under the U.S. Constitution, all such cases must be proven beyond a reasonable doubt. Additionally, the accused has the right to an attorney, to a jury trial, and to not be subject to unreasonable searches and seizures. Ultimately, a judge or a federal jury will determine whether or not the government has met its heavy burden by considering the prosecution’s evidence and arguments as well as any evidence or arguments the defense elects to present. A criminal healthcare fraud conviction can carry a prison term of up to ten years per count, as well as large punitive fines.

• Civil Liability: Other times, the government may decide to pursue its healthcare fraud case civilly. These cases need only be proven by a preponderance of the evidence. If found liable, the defendant may have to pay recoupment of moneys received from federal healthcare programs as well as a fine of up to $11,000 per false claim and treble damages. Additionally, the defendant may be subject to non-payment of future claims or excluded from future participation in federal programs all together. Finally, he or she may have to pay the government lawyer’s fees. Civil liability is most often sought against corporate defendants, but can be directed towards individuals as well. With the lower burden of proof, these cases do not require the government to prove actual knowledge of an unlawful transaction or any specific intent to violate the law or defraud the government.

Samples of Our Success in Healthcare Fraud Cases

• Oberheiden, P.C. prioritizes avoiding indictments, criminal prosecutions, and incarceration. We are often able to avoid charges for our clients even after an investigation has already begun.

• Our legal team includes several former federal healthcare fraud prosecutors. We have frequently been able to use their insights to convince the government that what appears to be healthcare fraud is, instead, the result of a plain human mistake that does not support criminal prosecution or even a civil investigation. We have successfully concluded OIG and grand jury investigations into physician syndications, healthcare businesses, medical providers, and business owners and entrepreneurs, without criminal prosecutions.

• Because of our depth of experience, we know that the sooner an attorney is hired for the defense by the subject or a potential target of a federal healthcare fraud investigation, the more likely the person or company is to ultimately avoid any criminal charges.

• 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.

Our Role as Experienced Healthcare Defense Attorneys

At Oberheiden, P.C., we have defended hundreds of healthcare fraud cases. In so doing, we have discovered that most fraud allegations result from negligence, lack of supervision of staff, unreliable employees, or uncertainty about the meaning of the healthcare regulations, which are constantly changing. The law is clear on this matter: while civil liability may be found even for simple mistakes such as these, a criminal conviction can never be based solely on an unintentional mistake under the requirements of the U.S. Constitution. Oberheiden, P.C. has repeatedly assisted our clients to avoid criminal charges by convincing the government that the required criminal intent simply wasn’t present.

To us, every case is an emergency, because it is an emergency for you. We begin working for you the moment we are retained, and continue working non-stop to protect you and your business. Within a few days, and sometimes a few hours, we can usually answer your most pressing and important questions, including: How can I prove my innocence? What is the likely outcome of my case? What is the range of outcomes? What is the government looking for? What is the subject of the investigation? Is there a chance I might go to prison? Only after we have answered these preliminary questions can we begin to work out the most effective strategy for your defense.

Free Consultation for Your Alaska Medicare Fraud Defense

If you believe or have been told that you are under investigation, prosecution, or audit by the federal government, or if you would like to ask questions in a free and confidential setting, contact the experienced attorneys at Oberheiden, P.C. today. You can reach one of our senior attorneys seven days a week, including weekends.