Columbus Healthcare Fraud Defense Lawyer
Contents
- 1 Columbus Healthcare Fraud Defense Lawyer
- 2 A Powerful Legal Strategy
- 3 The Right Representation Matters
- 4 Understanding Healthcare Fraud Charges
- 5 False Claims
- 6 Anti-Kickback Violations
- 7 Stark Law Violations
- 8 False Claims Act Violations
- 9 Obstruction Charges
- 10 Mounting an Aggressive Defense
- 11 Lack of Evidence on Intent
- 12 Materiality Challenges
- 13 Lack of Falsity
- 14 Sampling/Extrapolation Flaws
- 15 Lack of Damages
- 16 When to Bring in the Experts
- 17 The Spodek Law Group Difference
- 18 Getting Started Is Simple
Columbus Healthcare Fraud Defense Lawyer
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, what do you do, if you get hit – with one of these things? The answer is simple: you fight back, with the strongest legal team possible.
At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we focus on is getting you results. We understand the difficult challenges of going through a healthcare fraud case. If you’re accused, schedule a consultation with our criminal attorneys today.
A Powerful Legal Strategy
Most law firms implement a cookie cutter strategy to fight healthcare fraud cases, trying to save time. Not us. We look carefully at every single detail of your situation. We leave no angle unexplored, no defense untested. Our powerful three-pronged strategy:
- Investigate the Evidence – We’ll comb through every document, every email, every piece of evidence. Our team has decades of experience finding holes in the prosecution’s case.
- Understand the Allegations – Healthcare fraud laws are dizzyingly complex. We’ll break down exactly what you’re accused of, analyzing every nook and cranny to map out your defense.
- Leverage Our Expertise – Our attorneys have taken on the toughest healthcare fraud cases, facing off against elite federal prosecutors. We know their tactics, and we know how to win.
With this multi-layered approach, we’ll dismantle the case against you piece-by-piece. It’s not going to be easy – but, we never promised easy. We promised a vigorous defense and results.
The Right Representation Matters
Sometimes prosecutors will only be fair if you respond with force. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney. At Spodek Law Group, we pride ourselves on taking a hands-on approach. It means researching every intimate detail surrounding your case, and putting in the hard work. Our firm has excellent work ethics, and we constantly hold meetings to discuss all of our cases. In an emergency, we have a full team available to help you. Regardless of how tough your situation is, we are here to support you. Our criminal defense lawyers work hard to find a solution, no matter what you’re facing. Many clients are embarrassed by their situation and don’t speak openly. We encourage transparency, so we can give you the best legal advice.The Spodek Law Group handles cases nationwide. We have offices in NYC and Los Angeles.
Understanding Healthcare Fraud Charges
To build a strong defense, it’s critical to understand exactly what you’re being accused of. Healthcare fraud is an extremely broad term, covering many different types of conduct.Some common healthcare fraud charges include:
False Claims
This is when you’re accused of knowingly submitting false claims to programs like Medicare, Medicaid, or private insurers. For example:
- Billing for services that were never actually provided
- Billing for more expensive services than what was provided
- Billing for medically unnecessary services or supplies
- Falsifying a patient’s diagnosis to justify otherwise uncovered treatments
The penalties get much steeper if the alleged fraud exceeds $1 million in improper billings.
Anti-Kickback Violations
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving any remuneration to induce referrals for services covered by federal healthcare programs. This includes:
- Lavish gifts or vacations
- Free rent or excessive compensation
- Sham consulting agreements or medical directorships
Even if you didn’t intend to break the law, you could still face charges.
Stark Law Violations
The Stark Law forbids physicians from referring Medicare/Medicaid patients to entities they have a financial relationship with, unless a exception applies. Unlike anti-kickback cases, prosecutors don’t need to prove intent. Simply having the prohibited financial relationship is enough.
False Claims Act Violations
The False Claims Act allows whistleblowers and prosecutors to file civil charges for knowingly submitting false Medicare/Medicaid claims. Penalties can equal three times the amount of damages, plus additional fines. So a $1 million fraud could mean $3 million-plus in penalties.
Obstruction Charges
If you’re accused of destroying evidence, lying to investigators, or inducing others to obstruct the probe, you could face additional criminal charges for obstruction of justice. These are just some of the most common healthcare fraud allegations. The laws are highly technical, with many nuances and exceptions. That’s why it’s critical to have a defense team that really understands healthcare regulations and can analyze the specifics of your case. We have that specialized expertise.
Mounting an Aggressive Defense
Defending against healthcare fraud charges is extremely challenging. The government devotes massive resources to these investigations and prosecutions.But, that doesn’t mean you’re defenseless. There are many potential weaknesses we can exploit in the government’s case, including:
Lack of Evidence on Intent
For most healthcare fraud charges, prosecutors must prove you acted knowingly and with specific intent to defraud. This is one of the highest burdens of proof in the legal system. We’ll attack the evidence on intent from every angle. Did you reasonably interpret an ambiguous regulation? Was there a lack of formal training on billing requirements? Did you rely on the advice of lawyers, consultants or colleagues? Even if billing errors occurred, that doesn’t necessarily prove criminal intent. We’ll present evidence of your good faith efforts to comply.
Materiality Challenges
The alleged false statements or claims must also be “material” – meaning they actually influenced the government’s payment decision.We’ll argue that many violations alleged by prosecutors, like minor billing errors or administrative mistakes, were not material and should not support criminal charges.
Lack of Falsity
In some cases, we can show the claims at issue were not actually false at all. Perhaps the services really were provided, or the patient’s diagnosis was legitimate.We have deep experience in healthcare regulations and can identify situations where no actual falsity occurred.
Sampling/Extrapolation Flaws
The government often uses statistical sampling of a small number of claims or records, then extrapolates those findings across a much larger universe to allege massive damages. We’ll bring in our own experts to scrutinize and attack the sampling methodology and extrapolation calculations. If we can undermine those, it guts the damages figures.
Lack of Damages
For civil False Claims Act cases, if we can show the government actually got what it paid for despite any technical billing violations, we can defeat the element of damages.This multi-pronged defense strategy, tailored to your specific circumstances, gives you the best chance at beating the charges.
When to Bring in the Experts
The earlier you involve our firm, the better we can protect your rights and interests. As soon as you learn about a potential investigation, you should:
- Avoid making any statements or producing any documents to investigators without your lawyer present
- Instruct employees to avoid discussing the case or destroying any potential evidence
- Immediately consult with our healthcare fraud defense team to begin shaping your defense strategy
Many clients wait too long before hiring a lawyer, making crucial mistakes that undermine their defense. Don’t make that mistake. Even if charges haven’t been filed yet, we can take proactive steps to get ahead of the investigation and potentially persuade prosecutors not to bring charges at all.
The Spodek Law Group Difference
When you’re facing healthcare fraud charges, you need to go with the firm that has a proven track record of success. That’s Spodek Law Group.We’re not like other law firms that take a cookie-cutter approach. We craft a customized defense tailored to the facts of your specific case. We explore every possible angle and leave no stone unturned. Our attorneys have decades of experience taking on the toughest healthcare fraud prosecutions. We know the relevant laws and regulations inside and out. And we’re not intimidated by the government’s tactics. But what really sets us apart is our commitment to client service. We take a hands-on approach, keeping you informed every step of the way. We encourage open dialogue so we can give you the best advice.Healthcare fraud cases are extremely stressful. You need a legal team that will be there to support you through the process. That’s exactly what you’ll get with Spodek Law Group.
Getting Started Is Simple
If you’re facing a healthcare fraud investigation or charges, the time to act is now. Every day that goes by increases the risks.Getting started with us is simple. Just schedule a confidential consultation today. During the consultation, we’ll review the details of your situation and explain your options for how to proceed. We’ll answer all your questions in straightforward language, so you understand exactly what you’re up against. From there, we can immediately start building a powerful defense strategy customized for your case. We’ll gather evidence, research the relevant laws and regulations, and start mapping out the path to getting the charges dismissed or reduced. Don’t try to navigate this legal minefield alone. The stakes are too high.
With Spodek Law Group in your corner, you’ll have elite defense attorneys who will fight tooth and nail for you. We’ve helped many clients in situations like yours, and we’ll bring that experience to bear on your case. So if you’re facing healthcare fraud charges, take a deep breath. You’ve got this. Just pick up the phone and call 212-210-1851 to get started. We’ll be by your side every step of the way.