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Employee Retention Tax Credit Fraud Lawyers | ERC Fraud Lawyers | ERTC Fraud Lawyers

The Employee Retention Tax Credit (ERTC) is a refundable tax credit which was authorized under the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March 2020 to help businesses retain employees during the COVID-19 pandemic. This tax credit has become the source of a lot of scrutiny, recently, since so many fraudulent claims have been submitted for this tax credit. The IRS and many other agencies are now looking closely at ERTC fraud claims.

Key Features of the ERTC Program

  • This program provides a refundable tax credit of up to $5,000 per employee for eligible employers.
  • This tax credit applies to qualified wages paid after March 12, 2020 and before January 1, 2021.
  • The program helps eligible employers get immediate access to the credit by reducing employment tax deposits.

Eligibility Requirements

To be eligible for the ERTC, employers must meet certain criteria listed below:

  • Your business experienced a full or partial suspension of operations due to a COVID-19, or it experienced a significant decline in gross revenue compared to the same quarter in 2019.
  • Had 100 or fewer full-time employees on average in 2019

The credit originally was applicable to qualified wages paid between March 13, 2020 and December 31, 2020. It was later extended and expanded by the Consolidated Appropriations Act of 2021 and the American Rescue Plan Act of 2021. This enabled more business owners to qualify. By some estimates, the overall amount of tax credits could be greater than PPP loans issued in terms of $ amount of value. Unfortunately, the ERTC program has been susceptible to fraud due to the lack of verification and the fast disbursement of funds.

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Fraud Concerns

Some key fraud concerns that have been looked at include, but are not limited to:

Overstating Number of Employees

Employers have been caught exaggerating the number of W-2 employees to claim larger credits. The IRS found many cases where many claimed employees did not work for the company at all, or earned little to no wages.

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Claiming Employees Who Did Not Exist

Many employers have been caught claiming credits for fake employees who did not actually work for the company. Completely fabricated employee names and Social Security numbers were provided on tax forms.

Lying About Eligibility

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ABOUT THE AUTHOR

Todd Spodek

Managing Partner

With decades of experience in high-stakes federal criminal defense, Todd Spodek has built a reputation for aggressive, strategic representation. Featured on Netflix's "Inventing Anna," he has successfully defended clients facing federal charges, white-collar allegations, and complex criminal cases in federal courts nationwide.

Bar Admissions: New York State Bar New Jersey State Bar U.S. District Court, SDNY U.S. District Court, EDNY
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Community Discussion

Real questions and discussions from readers about this topic.

48
AD anxious_doc_2025 Physician 1w ago

Going through exactly what this article describes — anyone else?

Just read this article about "Employee Retention Tax Credit Fraud Lawyers | ERC Fraud Lawyers | ERTC Fraud Lawyers" and it hit close to home. I'm a pain management physician and I've been losing sleep over this. My prescribing patterns got flagged by the state PDMP. I haven't been contacted directly by any agency yet but the anxiety is crushing. Anyone been through something similar?

55
HD healthcare_defense_atty Attorney 1w ago

First: do NOT speak to any federal agent without counsel. Period. Not the DEA, not the OIG, not the FBI. You have the right to counsel and exercising that right cannot be held against you.

Second: get a consultation NOW, before anything formal happens. Pre-investigation counsel is dramatically more effective (and less expensive) than post-indictment defense. Many healthcare fraud defense attorneys offer free initial consultations.

Third: do NOT alter any records. Do NOT destroy any documents. Do NOT discuss this with staff beyond what's necessary for patient care. Any of those actions can become separate criminal charges (obstruction, evidence tampering) even if the underlying prescribing was entirely legitimate.

35
BT been_there_doc Physician — Investigated & Cleared 1w ago

Went through a DEA investigation 3 years ago. It was the worst 18 months of my life but I came out clean. Best advice: get a lawyer who specifically handles federal healthcare cases (not a general criminal attorney), follow their instructions to the letter, and keep practicing medicine. The investigation itself is not a conviction and most of your patients still need you.

21
CO compliance_officer_RN PharmD 1w ago

If you haven't already, start documenting everything meticulously going forward. Every prescribing decision should have clear clinical justification in the chart. This protects you regardless of whether an investigation materializes.

41
FM family_member_scared 1w ago

My spouse is a doctor and I’m terrified after reading this

My husband is a pain management specialist and a colleague's practice was raided and now we're worried ours could be next. We have everything tied up in the practice. I don't know anything about criminal defense. How do we even start? How much does this cost? Can they take our house?

45
HD healthcare_defense_atty Attorney 1w ago

I understand the fear. Here's what you need to know:

1. Attorney fees: Federal healthcare fraud defense typically costs $20,000-60,000 depending on the stage and complexity. Pre-investigation work is on the lower end.

2. Your home: In most states, homestead exemptions protect your primary residence. Federal forfeiture requires a direct connection between the property and the alleged criminal activity — simply being a doctor who's investigated doesn't put your house at risk.

3. First step: Call a federal healthcare fraud defense attorney this week. Not a general lawyer. Someone who has handled DEA/OIG cases before. Most will do a free phone consultation to assess the situation.

4. Don't panic: Investigation ≠ charges. Charges ≠ conviction. Many investigations are closed without action.

26
BT been_there_doc 1w ago

I'm the spouse of a physician who went through a 2-year DEA investigation. It was resolved favorably. The emotional toll is real — please consider therapy for both of you. We found a support group for medical professionals under investigation that helped enormously. You're not alone in this.

41
SP small_practice_MD Family Medicine 2w ago

How much does a federal healthcare fraud attorney actually cost?

I need to talk to someone but I'm a solo practitioner. I don't have a hospital legal department behind me. What does it actually cost to retain a federal healthcare defense attorney? Just a consultation vs. ongoing representation? Can I even afford this?

46
HD healthcare_defense_atty Attorney 1w ago

Typical ranges:

- Initial consultation: Free to $500. Many firms offer free phone consultations.
- Pre-investigation advisory/compliance review: $3,000–$10,000
- Responding to a subpoena: $5,000–$15,000
- Full investigation representation: $25,000–$75,000+
- Trial defense: $100,000–$500,000+

The earlier you engage, the less it costs. A $5,000 consultation that prevents a $50,000 investigation is the best money you'll ever spend. Most attorneys will work out payment plans for solo practitioners.

25
SI survived_investigation Physician — Investigated & Cleared 1w ago

I paid about $35k total for my defense over 18 months. Was it painful? Yes. Would I do it again? In a heartbeat. The alternative — trying to handle it myself or hiring a cheap general attorney — would have cost me my license and my freedom.

32
PW PA_worried_about_DEA PA-C 2w ago

Does this apply to NPs and PAs too, or just physicians?

I'm a physician assistant with prescriptive authority. Does what this article discusses about "Employee Retention Tax Credit Fraud Lawy" apply equally to mid-level providers? I prescribe Suboxone under my collaborating physician's DEA number. If something goes wrong, who is at risk — me, the supervising physician, or both?

30
HD healthcare_defense_atty Attorney 1w ago

Both. If you have your own DEA registration, you bear independent responsibility for your prescribing. If you're prescribing under a collaborating physician's DEA number, the supervising physician also has exposure. The DEA does not limit investigations to physicians — NPs, PAs, dentists, podiatrists, and veterinarians have all been targets of federal prescribing investigations.

The same standard applies: prescriptions must be issued for a legitimate medical purpose in the usual course of professional practice. Document your clinical reasoning for every controlled substance prescription.

14
FM fellow_midlevel NP 1w ago

I got my own DEA number specifically so I wouldn't be dragged into my collaborating physician's issues. Worth considering if you haven't already. It also makes your prescribing cleaner from a documentation standpoint.

31
IP infusion_practice_doc Anesthesiologist 1w ago

Anyone running a ketamine clinic dealing with these issues?

I operate a IV ketamine practice and the regulatory landscape feels like it changes monthly. DEA just visited a clinic two towns over. How are other ketamine providers navigating this?

37
HD healthcare_defense_atty Attorney 1w ago

Ketamine clinics are an emerging enforcement target. The Schedule III classification gives you more flexibility than Schedule II, but the "legitimate medical purpose" standard still applies. The biggest risk areas I see: (1) inadequate patient screening, (2) lack of follow-up care, (3) advertising that makes medical claims beyond what's supported, (4) corporate practice of medicine violations if non-physicians have ownership stakes. Get a compliance review done proactively.

22
AC anesthesia_colleague Anesthesiologist 1w ago

Running a ketamine clinic since 2021. The key is airtight protocols and documentation. We have:
- Written treatment protocols for every indication
- Informed consent that specifically addresses off-label use
- Pre-treatment screening including psychological evaluation
- Monitoring during and after infusion
- Follow-up documentation
- Clear exclusion criteria

The DEA has been more interested in compounding pharmacies than individual clinics so far, but that could change. Stay current with ASA and APA guidelines.

30
IP independent_pharmacist Pharmacy Owner 3w ago

Pharmacist perspective on “Employee Retention Tax Credit Fraud Lawyers | ERC “

Running an independent pharmacy and this topic affects us directly. Our state board just issued new guidelines that seem to conflict with DEA expectations. It feels like there's no right answer sometimes. Any other pharmacists dealing with this?

35
HD healthcare_defense_atty Attorney 3w ago

Pharmacists are increasingly being named in federal healthcare fraud cases. Your documentation is your shield. Invest in a compliance program if you don't have one — it's far cheaper than a defense. And know that you DO have the right to refuse to fill prescriptions you believe are not for a legitimate medical purpose. That right is explicitly recognized in federal regulation.

26
CP chain_pharmacist_anon PharmD 3w ago

You're not alone. The "corresponding responsibility" doctrine puts us in an impossible position. Document EVERYTHING — every conversation with a prescriber about a questionable script, every refusal, every verification call. If you have a compliance program, follow it religiously. If you don't have one, get one yesterday.

21
DD dental_doc DDS 3w ago

Does this apply to dentists too?

I'm a dentist who prescribes post-surgical opioids. Most of the articles I see focus on physicians and pain management. Are podiatrists really at risk for DEA scrutiny?

24
FM fed_med_lawyer Attorney 3w ago

Yes. Any DEA registrant who prescribes controlled substances is subject to the same federal standards. Dentists are increasingly scrutinized for opioid prescribing — the CDC's prescribing guidelines have been applied to dental practice. Veterinarians have seen a rise in diversion cases (drugs prescribed for animals being diverted to human use). The DEA does not distinguish by specialty — they look at prescribing patterns and whether they're consistent with legitimate medical practice.

20
JG just_graduated_MD Resident 1w ago

Just started practice — is this something I should worry about from day one?

I just finished fellowship and started at a hospital-based practice. Reading about "Employee Retention Tax Credit Fraud Lawy" is terrifying for someone just starting out. Should I be getting my own malpractice attorney from day one? What should I be doing differently as a new practitioner to protect myself?

38
SP senior_physician Physician — 20yr 6d ago

The fact that you're thinking about this early is a good sign. Three things:\n\n1. Document meticulously. Every prescribing decision should have clear clinical justification. "Patient reports pain" is not enough. Physical exam findings, functional assessments, treatment plans.\n\n2. Get familiar with your state PDMP and check it for every controlled substance prescription. Make it a habit from day one.\n\n3. Find a mentor in your practice who models good prescribing practices. Observe how they handle difficult patients, how they document, how they say no when needed.\n\nYou don't need a defense attorney on retainer, but knowing who you'd call if needed is smart.

26
FM fed_med_lawyer Attorney 1w ago

I'll add: make sure your malpractice insurance includes regulatory defense coverage (not just civil malpractice). Many policies exclude coverage for DEA/licensing board actions. Ask your carrier specifically. If they don't cover it, supplemental regulatory defense insurance is available and relatively inexpensive for new practitioners.

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