Jun 4, 2025

OIG Subpoenas

If you’ve received an OIG subpoena, you’re in trouble – and you need to act fast. The federal government is investigating you for healthcare fraud, and they’re not playing around. You’re facing up to $5,000 per day in fines if you don’t comply, criminal contempt charges, and potentially years in federal prison. You’re researching OIG subpoenas online instead of calling one. Every hour matters in federal cases. The Office of Inspector General doesn’t issue subpoenas for fun – they think you’ve committed fraud, and they’re building a case against you right now.

At Spodek Law Group – we understand how terrified you are,and we get it. Our team of top rated federal criminal defense attorneys has over 50 years of combined experience handling tough OIG subpoena cases. We’re not your average law firm — we’re a premier nationwide federal defense firm that handles the toughest cases. Todd Spodek, our founding attorney and second-generation attorney, has handled thousands of complex federal cases. His work representing Anna Delvey (also known as Anna Sorokin) was featured in a Netflix series, showcasing our ability to handle high-stakes federal matters.

What Is an OIG Subpoena – and Why Should You Be Scared?

An OIG subpoena is a formal demand from the Department of Health and Human Services Office of Inspector General for documents, records, or testimony. It’s not a request – it’s a legal command. The OIG has subpoena power under the Inspector General Act of 1978, and they use it aggressively to investigate healthcare fraud, Medicare fraud, Medicaid fraud, and False Claims Act violations.

Most people don’t realize that OIG subpoenas can be either civil or criminal in nature – and the subpoena itself won’t tell you which one you’re facing. That’s where having a top rated OIG subpoena attorney becomes crucial. Our criminal lawyers, with over 50 years of combined experience, know how to quickly determine whether your case is civil or criminal – which changes everything about your defense strategy.

The OIG typically requests massive amounts of documents spanning several years including:

• Billing records and claims data
• Patient files and medical records
• Email communications between senior management
• Financial records and bank statements
• Marketing materials and referral agreements
• Employee records and compliance training documents

If someone inside your organization reported alleged misconduct – often a disgruntled former employee filing a qui tam whistleblower lawsuit— you’re already behind. The government has been investigating you for months, maybe years, before you even received this subpoena.

Federal Conviction Rates and Penalties

Here’s what you’re up against. Federal prosecutors have a 95% conviction rate. In 2024 alone, the DOJ charged 193 defendants in healthcare fraud cases involving $2.75 billion in alleged fraud. Without proper representation, you’re likely to become part of that statistic.

The penalties for ignoring an OIG subpoena,or attempting to handle it yourself are severe:

• Civil contempt: Fines up to $5,000 per day until you comply
• Criminal contempt: Up to 6 months in federal prison
• Obstruction of justice charges: If you destroy or alter documents
• Healthcare fraud convictions: Up to 10-20 years in federal prison
• Exclusion from federal healthcare programs: Career-ending consequences

Why Most Healthcare Providers Make Fatal Mistakes with OIG Subpoenas

When healthcare providers receive an OIG subpoena, they panic – and make mistakes that ruin their potential defenses and overall defense strategy. They try to explain their billing practices to investigators – you have to remember, the investigators ARE NOT your ally. Healthcare providers think cooperation means talking without an attorney. They don’t realize that anything you say can and will be used against you.

Most people in your situation try to explain their way out. That’s how they end up convicted in court. You need an attorney who has won federal cases. Not state cases. Federal cases. There’s a difference – and it’s the difference between freedom and federal prison.

At Spodek Law Group, we’ve seen every type of OIG investigation:

• Medicare and Medicaid billing fraud
• Kickback schemes and Stark Law violations
• Upcoding and unbundling allegations
• False Claims Act investigations
• Drug diversion cases involving DEA and FBI
• Telemedicine fraud schemes

We’re not like other law firms who are more focused on their relationship with prosecutors than defending their clients. Many law firms are “mills” and take on every single client— regardless of whether they can actually help. We focus on only working with clients who we can truly help get the best possible outcome.

Our Emergency Defense Package: What Happens When You Hire Us

Federal investigations move fast. By the time you receive a target letter or OIG subpoena,they’ve been investigating for months. Our Emergency Defense Package activates immediately when you hire us:

Immediate Action Steps:

• We contact the OIG within 24 hours to determine if the investigation is civil or criminal
• Issue a litigation hold to preserve all documents – preventing destruction allegations
• Begin privileged document review to protect attorney-client communications
• Negotiate extensions and scope limitations with government attorneys
• Coordinate with your team to ensure proper compliance without self-incrimination

Regardless of the situation you find yourself in, know that our criminal defense attorneys can help you. Regardless of where your case is in the USA,or the situation you’re dealing with, or the stage of the case, we can help you. Regardless of how complicated your case is, or how challenging it is – we can help you get the outcome you need and want.

Defense Strategies That Actually Work Against OIG Subpoenas

Unlike other law firms that immediately tell you to comply with everything,we take a strategic approach. Every OIG subpoena defense requires careful analysis of multiple factors. Our top rated attorneys, with over 50 years of combined experience know exactly how to protect you.

Negotiating the Scope: OIG subpoenas are often overbroad— requesting documents that have nothing to do with their investigation. We negotiate to narrow the scope,reducing your compliance burden and protecting irrelevant information from government scrutiny. This isn’t just about convenience – it’s about preventing the government from finding unrelated issues to investigate.

Motion to Quash Strategy: While courts rarely grant motions to quash OIG subpoenas entirely,we know when and how to file them effectively. Under Federal Rule 45, we can challenge subpoenas that are unduly burdensome,seek privileged information, or lack reasonable relevance to the investigation. Even partial success limits the government’s reach.

Privilege Protection: You have rights – including attorney-client privilege and Fifth Amendment protections against self-incrimination. Many healthcare providers accidentally waive these privileges by responding without their attorney present. Once waived,these protections are gone forever. Our legal team ensures every privileged document stays protected.

Compliance With Reservations: Sometimes the best strategy is strategic compliance – producing documents while reserving objections and protecting your rights for future challenges. This approach shows cooperation while maintaining defenses,which can be crucial if criminal charges follow.

The Truth About OIG Investigations – What They’re Really Looking For

The OIG isn’t randomly investigating you. Recent statistics show that healthcare fraud investigations typically start from:

• Whistleblower complaints (qui tam lawsuits) from current or former employees
• Data analysis showing billing anomalies compared to peers
• Referrals from other agencies like FBI, DEA,or CMS
• Complaints from patients or competitors
• Routine audits that uncovered potential issues

Your billing patterns raised red flags. Maybe you billed more than similar providers. Maybe your claims had unusual patterns. Maybe someone reported you. Whatever triggered this investigation— the government thinks they have a case.

Todd Spodek has seen this countless times in his career as a second-generation attorney. After representing high-profile clients like Anna Delvey and being featured on major media outlets including NY Post, Newsweek,Fox 5, and Business Insider, he understands how federal investigators think. The 2022 Netflix series about his client showcased exactly how aggressive federal prosecutors can be.

Timeline Pressure: Why Every Day Counts

OIG subpoenas typically give you 30 days or less to respond. That might seem like enough time—but it’s not. You need to:

• Hire experienced federal defense counsel immediately
• Review potentially thousands of documents for responsiveness
• Identify and protect privileged materials
• Negotiate scope and deadlines with government attorneys
• Prepare a compliant production without admitting wrongdoing

Most law firms can’t handle this timeline. They’re not available 24/7 like we are. At Spodek Law Group, our attorneys are available 24/7 because we understand that federal investigations don’t follow business hours. When you need us, we’re there – nationwide, coast to coast.

The Cost of Not Hiring the Right OIG Subpoena Attorney

Some healthcare providers try to save $$ by hiring inexperienced attorneys or – even worse – trying to handle OIG subpoenas on their own. This is a mistake that can cost you everything:

• Your medical or professional license
• Your freedom (federal prison sentences of 10-20 years)
• Your life savings (millions in fines and restitution)
• Your reputation and career
• Exclusion from Medicare/Medicaid forever

The government has unlimited resources, and they’re using them against you. The DOJ’s 2024 enforcement actions resulted in over $231 million in seized assets. They’re not just seeking convictions—they’re seeking to destroy you.

At Spodek Law Group, we offer free consultations because we believe everyone deserves to understand their options. During your free consultation, our premier attorneys will:

• Review your OIG subpoena and explain what it really means
• Assess whether you’re facing civil or criminal investigation
• Outline your defense options and likely outcomes
• Explain our proven defense strategies
• Give you honest,straightforward advice about your case

Your Next Steps: Protecting Yourself from OIG Investigation

If you’ve received an OIG subpoena, here’s exactly what you need to do:

1. Stop Talking: Don’t discuss the investigation with anyone—not employees, not friends,not even family. Anything you say can be used against you.

2. Preserve Everything: Don’t delete emails,destroy documents, or alter records. Obstruction of justice charges are often easier to prove than the underlying fraud.

3. Call Us Immediately: Time is not on your side. The sooner you have experienced counsel,the better your chances of a favorable outcome.

4. Don’t Try to Handle This Alone: The federal government has teams of prosecutors,investigators, and analysts working on your case. You need a team too.

OIG Subpoenas