Criminal Defense Lawyers

Charlotte Healthcare Fraud Defense Lawyer

Charlotte Healthcare Fraud Defense Lawyer: Protecting Your Rights, Freedom and Future

You Need the Best Legal Representation Possible

There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm, to handle your healthcare fraud case. So, let’s get right to it – Spodek Law Group should be your first choice, and here’s why. We’ve handled hundreds of healthcare fraud cases at all stages – from investigation, to negotiation, to trial. Our attorneys literally wrote the book on healthcare fraud defense1. We know the relevant laws and regulations inside and out. Some law firms try to push clients into pleading guilty to make their lives easier. Not us. We are fierce, aggressive litigators always prepared to fight for an acquittal at trial if that’s what it takes to get justice1. We leave no stone unturned in building the strongest possible defense.Our attorneys dig deep into the facts and circumstances surrounding each case. We’ll have a comprehensive strategy and be ready to counter any arguments. Our firm has earned a reputation for excellence from judges, prosecutors and other defense attorneys1. They know we bring our A-game every time and won’t back down no matter how complex or high-stakes the case may be.You’ll receive hands-on attention and open communication every step of the way. We take a team approach, holding regular meetings to go over every detail of your case and adjust strategy as needed1.When you hire Spodek Law Group, you get legal representation and service fit for an elite clientele. No other firm will fight harder to protect your rights, freedom and future in the face of healthcare fraud charges.

Why You Need a Healthcare Fraud Defense Lawyer

Look, we get it – you might be thinking “it was just a mistake” or “I didn’t mean any harm.” But prosecutors don’t care about intentions when billions of dollars are at stake. They will come after you with everything they’ve got1.That’s why you need a powerhouse legal team like Spodek Law Group fighting for you. We know all the ins and outs of healthcare law and regulations. We leave no stone unturned in building a strategic defense tailored to your unique situation1. Here’s what our healthcare fraud defense lawyers can do for you: First, we’ll comb through every shred of evidence against you – medical records, billing documents, witness statements, you name it. We’re looking for any holes, inconsistencies or weaknesses that could undermine the prosecution’s case. Based on the evidence and circumstances, we’ll craft a defense strategy that gives you the best chance at avoiding charges or minimizing penalties. Common defenses include:

• Lack of intent
• Good faith belief actions were lawful
• Reliance on professional advice
• Widespread industry practice

If the evidence appears damning, we can negotiate with prosecutors to potentially get charges reduced or dismissed through pretrial diversion, deferred prosecution or a non-prosecution agreement. Our goal is the best possible outcome for you. If it goes to trial, you can count on our heavyweight litigators to fight tooth and nail. We frequently call on medical experts to counter the prosecution’s arguments and create reasonable doubt. We leave no angle unexplored in pursuing an acquittal1.

Building a Robust Healthcare Fraud Defense Strategy

So, what do you do, if you get hit – with one of these things2? Facing healthcare fraud charges is daunting. But an experienced legal team can build a strong defense to achieve the best possible outcome. With attention to the details and a compelling narrative, even complex fraud cases can be overcome. Don’t go it alone – get a lawyer fighting on your side2.When a healthcare provider or organization gets accused of fraud, it can be a scary situation. The government don’t play around when it comes to healthcare fraud – we’re talking big fines, even jail time. So if you find yourself facing a healthcare fraud investigation or charge, the first thing you need is a good lawyer on your side2. The first thing your lawyer will do is get a handle on what exactly you’re being accused of. Healthcare fraud covers a wide range of activities – from billing for services that were never provided, to paying kickbacks for patient referrals, to falsifying diagnoses to justify unnecessary procedures. The allegations against you will determine the specifics of your defense strategy2.Your lawyer will review the complaint thoroughly and identify the key claims being made. This gives them a roadmap of what issues need to be addressed. Next, your legal team will start gathering all the facts. They’ll review billing records, patient files, and other documentation to understand what was actually going on. This evidence will help prove whether the allegations have merit or not2.

Your lawyer will also interview you and other employees to get testimonies on the situation. The goal is to separate truth from fiction – were false claims actually submitted, or is the government wrong in their accusations? Detailed documentation and testimony are crucial to build a strong defense2.Once the facts are gathered, your lawyer will determine if the government’s case has legal merit. They’ll analyze whether the specific allegations, if true, would actually constitute fraud under the law.For instance, maybe you billed for services that weren’t “medically necessary,” but you had a reasonable basis for providing them. Or perhaps the coding on your claims was incorrect, but there’s no evidence it was done intentionally. Looking at the nuances helps determine any weaknesses in the prosecution’s argument2.

A key part of the defense strategy is developing affirmative defenses – reasons why you should not be held liable even if some of the allegations are true. Common defenses in fraud cases include:

• Lack of intent – This argues you did not knowingly or intentionally commit fraud.
• Good faith – You had a sincere belief that your conduct was lawful and proper.
• Compliance program – You had policies and procedures reasonably designed to prevent wrongdoing2.

Your lawyer will look for facts to justify these defenses. For instance, proving you relied on guidance from Medicare representatives when billing questionable services. Or showing you had compliance training for employees. Affirmative defenses cast doubt on your liability.In addition to affirmative defenses, your legal team will scrutinize the government’s evidence for any weaknesses. Are the allegations backed up by solid documentation, or based on conjecture? Does the evidence definitively prove intent and knowledge of wrongdoing? Are there credibility issues with the government’s witnesses? Cracks in the evidence can undermine the prosecution’s case2.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Often healthcare fraud cases end in a settlement rather than trial. Your lawyer will negotiate with the prosecution for a favorable resolution. This may involve admitting limited wrongdoing in exchange for reduced penalties or avoiding criminal charges. Settlements avoid the risk and expense of a trial. Much depends on the strength of the defense case versus the prosecution’s evidence. Your lawyer will craft a deal that minimizes damage2. If a reasonable settlement can’t be reached, the case may go to trial. Your lawyer will continue building defenses and evidence for trial. They’ll file motions asking the judge to dismiss the case or exclude certain evidence. Developing a trial strategy is complex – who will be called as witnesses, what testimony to challenge, what order to present evidence.

Thorough preparation is key, since healthcare fraud trials can involve millions in fines2. If found guilty at trial, your lawyer’s focus will shift to minimizing sentencing impact. They’ll present mitigating factors like your prior record, compliance program, and cooperation with authorities. For financial penalties, they’ll compile evidence of inability to pay. And they’ll emphasize how prohibitions from Medicare participation already deliver punishment. Vigorous advocacy at sentencing can reduce fines and jail time2.Facing healthcare fraud charges is daunting. But an experienced legal team can build a strong defense to achieve the best possible outcome. With attention to the details and a compelling narrative, even complex fraud cases can be overcome. Don’t go it alone – get a lawyer fighting on your side2.

Defending Against Healthcare Fraud Charges in Charlotte

To prove healthcare fraud, prosecutors must demonstrate that you knowingly engaged in fraudulent activities with intent to deceive insurers or government programs like Medicare and Medicaid3.If you are facing healthcare fraud charges, it is crucial to understand your rights and options for defense. An attorney with experience in healthcare law can provide legal guidance and effective representation to help you defend against these accusations and protect your career in the medical field3.The first step in mounting a robust defense against healthcare fraud charges is to consult with an attorney who has experience defending medical professionals.

At Spodek Law Group, our skilled attorneys have a deep understanding of the complex laws and regulations surrounding medical providers. We can help you understand how you may be affected by accusations of healthcare fraud, and we can provide the guidance you need as you navigate the legal process of defending against criminal charges and preventing the loss of a medical license3. Your attorney will review the evidence against you and develop a strong defense strategy tailored to your circumstances. We will ensure that your rights are protected throughout the investigation and court proceedings, and we will work to protect your reputation and career. A critical aspect of any defense strategy involves addressing allegations of fraud by challenging evidence of illegal activity. Your attorney will analyze each piece of evidence and look for weaknesses or inconsistencies that could undermine its credibility. This may involve scrutinizing billing records or documentation related to patient care, examining witness testimonies for inaccuracies or biases, or hiring independent experts to challenge claims put forth by prosecutors3.

One potential line of defense is asserting a lack of intent or knowledge. If you can provide evidence showing that any irregularities in billing or documentation were a result of unintentional errors, misunderstandings of complex coding requirements, or reliance on faulty advice from colleagues or consultants, this may undermine the prosecution’s case against you3.Another effective defense strategy is to demonstrate that the services you provided were legitimate and necessary. Evidence could include patient medical records, expert testimony supporting your treatment decisions, and documentation showcasing compliance with applicable laws and regulations. Demonstrating a consistent pattern of providing high-quality care will help counter allegations of fraudulent billing practices, and it can also show that you are committed to protecting the well-being of patients rather than financial gain3.In some cases where the evidence against you is strong, negotiating a plea bargain may be the most favorable option. A plea bargain involves pleading guilty to lesser charges in exchange for reduced penalties. Your attorney can help you determine whether pursuing a negotiated settlement is in your best interest based on factors such as the strength of the prosecution’s case, potential consequences if convicted at trial, and personal circumstances surrounding your case3.

If you are facing healthcare fraud charges, the skilled legal team at Spodek Law Group can help you determine the best strategies for defending against a conviction and protecting your ability to continue practicing medicine. Contact our Charlotte healthcare fraud defense lawyers today to set up a consultation and get the legal help you need. Our attorneys have extensive experience defending medical professionals against these serious allegations, and will diligently fight for your rights throughout the legal process.

What is Healthcare Fraud? Common Examples

Healthcare fraud typically involves a scheme to defraud the federal healthcare program. The government’s case may tend to argue false or fraudulent representations in exchange for money – payment of invoices or something of value.The key to defending a healthcare fraud case is to show a lack of intent. This is usually the government’s biggest hurdle in a criminal case. A case against you can be filled with billing errors and coding violations. Billing errors by themselves do not prove intent. As your medical defense attorney, we build a solid defense team to fight back with the goal of forcing the federal government to dismiss or settle the matters.

At Spodek Law Group, our healthcare fraud defense lawyers represent federal clients nationwide. As a national healthcare law firm, we build a team specifically for your case and aim to get the case or charges dismissed as early as possible. If that fails, we are prepared to aggressively represent you at trial. Some common examples of healthcare fraud include:

• Billing for services not rendered – Submitting claims to Medicare, Medicaid or private insurers for medical services, supplies or equipment that were never actually provided to the patient.
• Upcoding services – Billing for more expensive services or treatments than were actually provided or performed. For example, billing for a higher-level office visit than what actually occurred.
• Performing unnecessary services – Providing excessive services or tests that were not medically necessary, often to inflate reimbursement amounts.
• Kickbacks and referral fees – Offering or receiving kickbacks, bribes or other incentives in exchange for referring patients for medical services that will be billed to federal healthcare programs. This is prohibited under the Anti-Kickback Statute.
• Falsifying credentials – Misrepresenting qualifications, certifications or licensure status in order to bill for services that require specialized training or credentials.
• Prescription drug fraud – Writing prescriptions for drugs that are not medically necessary, sometimes for the purpose of illegally reselling the medications.
• Falsifying patient records – Creating fake documentation or altering medical records to make it appear services were legitimately provided and coded.

Even if billing errors or compliance issues occurred, that alone does not necessarily constitute criminal healthcare fraud. Prosecutors must prove beyond a reasonable doubt that you knowingly and willfully executed a scheme with intent to defraud.An experienced healthcare fraud defense lawyer can analyze the facts, scrutinize the evidence, identify legal defenses, and fight to get charges reduced or dismissed entirely. Don’t assume you have no options – get a proven defense team on your side.

Penalties for Healthcare Fraud in Charlotte

Healthcare fraud criminal charges are unlike any other criminal charges a corporate or individual client will face. The regulatory scheme for health care in the U.S. is complex, and most criminal defense attorneys have no idea of its nuances. Being a healthcare fraud attorney requires specialized knowledge of health care statutes, Medicare guidelines and criminal statutes, as well as administrative rules and procedures from the OIG. In following with the American Bar Association Model Rules of Professional Conduct, attorneys should not represent a corporation or individual client accused of healthcare fraud without the requisite knowledge.Moreover, this area of the law is replete with deadlines, notification requirements, collateral consequences, and legal pitfalls that can trap attorneys who are not well-versed in healthcare fraud defense.

A healthcare fraud defense attorney must analyze of thousands of records, and should have the right experts available at every stage of the criminal proceedings.Defense for formal healthcare fraud charges can be costly, but it can also be mitigated by an aggressive investigation at an early stage to prevent or preempt formal charges. While there are possibly hundreds of avenues for prosecution in the federal setting, healthcare fraud allegations generally develop in one of two ways:

1. The charges could come as a referral for investigation from a state, local, or regulatory body, such as the OIG or a Medicare audit. This means a regulatory entity conducts a routine pre-payment or post-payment audit of a physician, healthcare provider, or healthcare corporation, and uncovers fraud. The regulatory body would then refer the case to the OIG for investigation. The OIG could either pursue recoupment civilly or pursue criminal charges under healthcare fraud statutes.
2. The charges could originate from a whistleblower lawsuit filed under the qui tam provisions of the False Claims Act. In these cases, a current or former employee files suit alleging fraud against the government. The Department of Justice then investigates the allegations to determine whether to intervene in the case.

If criminal charges are sought, the penalties can be severe:

• Healthcare fraud is a federal felony punishable by up to 10 years in prison per count. With multiple counts common, sentences can quickly add up.
• Fines and restitution awards can reach into the millions or even tens of millions of dollars.
• You face exclusion from federal healthcare programs like Medicare and Medicaid, essentially ending your career.
• Asset forfeiture laws allow the government to seize homes, cars, businesses and other property derived from alleged illicit proceeds.
• You could lose your professional license and credentials.

The consequences are dire, which is why you need the most aggressive and skilled healthcare fraud defense possible from day one. Early intervention and a strategic defense approach from a specialized law firm is critical.

Defending Healthcare Fraud Cases: Lack of Intent

Facing healthcare fraud charges is daunting. But an experienced legal team can build a strong defense to achieve the best possible outcome.A key defense strategy in healthcare fraud cases is to demonstrate lack of intent. To convict, prosecutors must prove beyond a reasonable doubt that you knowingly and willfully executed a scheme to defraud a federal healthcare program.There are many legitimate reasons why billing errors, coding mistakes or other compliance issues may occur that have nothing to do with intentional fraud:

• Using unqualified or improperly trained staff
• Inadequate supervision or oversight
• Delegation of work to unqualified outside parties
• Simple business mistakes or human error
• Overwhelmed staff trying to keep up with volume
• Lack of a comprehensive compliance program
• Failure to keep up with frequently changing laws and regulations

At Spodek Law Group, our healthcare fraud defense attorneys have represented clients in False Claims Act whistleblower cases, DOJ investigations, OIG audits, and criminal prosecutions nationwide. We know how to navigate this complex area of the law and fight for the best possible outcome. Don’t try to handle a healthcare fraud matter on your own.

One misstep could cost you your entire career and future. Call Spodek Law Group today for a free, confidential consultation.