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Oakland Healthcare Fraud Defense Lawyer

You’re here because you or someone you care about is facing healthcare fraud charges. It’s a serious situation – one that could potentially derail your career and future. But you’ve come to the right place.At Spodek Law Group, we understand what you’re going through. We’ve defended countless clients against healthcare fraud allegations in Oakland and across the nation. Our healthcare fraud defense team is comprised of aggressive litigators who leave no stone unturned in pursuit of justice.We know the stakes are high; that’s why we fight tirelessly to have charges reduced or dismissed entirely. When prosecutors come after you, we respond with force – crafting airtight defense strategies tailored to your unique circumstances.This article will provide an in-depth look at healthcare fraud charges and how our Oakland defense lawyers can help protect your rights and freedom. We’ll explore:

  • Common types of healthcare fraud schemes
  • Potential penalties you could face
  • Proactive defense strategies we employ
  • Why you need elite legal representation

Healthcare fraud is an extremely complex area of law. Having the right defense attorney is crucial – it could mean the difference between a dismissal and a lengthy prison sentence.So keep reading to understand exactly what you’re up against and how the Spodek Law Group can advocate for you.

What Constitutes Healthcare Fraud? Common Schemes to Be Aware Of

Healthcare fraud encompasses a wide range of conduct aimed at defrauding public or private healthcare benefit programs. At its core, it involves knowingly executing or attempting to execute a scheme to:

  • Defraud a healthcare program like Medicare, Medicaid, etc.
  • Obtain money/property from a healthcare program through false pretenses

Some common healthcare fraud schemes we’ve defended clients against include:

Billing for Services Not Rendered

This occurs when a provider bills a healthcare program for services, procedures or supplies that were never actually provided to the patient.

Upcoding

Upcoding refers to billing for a more expensive service than was actually performed. For example, a provider might bill for a higher-level office visit despite only conducting a minor examination.

Unbundling

Unbundling involves billing each component of a service as a separate charge when they should be billed together under a single code.

Christine Twomey
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
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
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
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
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
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
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
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
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.

Kickbacks

Offering or receiving anything of value in exchange for patient referrals is considered a kickback and is illegal under the Anti-Kickback Statute.

Falsifying Patient Records

Altering patient records to justify services that weren’t medically necessary or to make it appear a service was provided when it wasn‘t.

Prescription Fraud

This can include writing prescriptions for drugs the patient doesn’t need, billing for higher quantities than prescribed, or distributing controlled substances illegally.The list goes on – from billing for outdated services to excessive services not medically warranted. Essentially, any attempt to overcharge or receive reimbursement through deception can constitute healthcare fraud.Charges often stem from whistleblower complaints or data mining by federal agencies. But innocent billing errors can also raise red flags, leading to a costly investigation.That’s why you need a skilled Oakland healthcare fraud lawyer from the moment you become aware of allegations or an audit. We can intervene early and ensure your rights are protected.

You Could Face Devastating Penalties – Your Entire Livelihood at Risk

If convicted of healthcare fraud, you’re facing potentially devastating penalties that could destroy your career and future. Punishments can include:Federal Prison Time

  • Up to 10 years for each healthcare fraud count
  • Longer sentences if higher dollar amounts are involved

Massive Fines and Financial Penalties

  • Up to $250,000 in fines per healthcare fraud violation
  • Repayment of claims paid, plus up to triple damages

Exclusion from Federal Healthcare Programs

  • Potentially barred from participating in Medicare, Medicaid, etc.

Loss of Professional Licenses

  • Medical, nursing, other professional licenses could be suspended/revoked

Damage to Reputation

  • Public shame that could irreparably harm your personal/professional reputation

The consequences extend far beyond just fines and potential incarceration. Your entire livelihood and life’s work could be in jeopardy. That‘s why you need to take healthcare fraud charges seriously from day one.At Spodek Law Group, we’ve witnessed firsthand how devastating these charges can be. But we’ve also helped many clients avoid the most severe punishments through strategic defense approaches.Our goal is simple – to protect your rights, freedom and future at all costs. We‘ll work tirelessly to poke holes in the prosecution‘s case and explore all avenues for dismissal or minimized sentencing.

Proactive Defense Strategies to Fight Healthcare Fraud Charges

When you hire Spodek Law Group, we spring into action immediately, executing a multi-pronged defense approach tailored to your unique situation. Here are some of the key strategies we may employ:Lack of Intent

  • We’ll argue you had no intentional scheme to defraud
  • Billing errors, misunderstandings, or lack of training don’t prove intent

Prosecutorial Overreach

  • Aggressive prosecutors often pursue charges that don’t fit the crime
  • We’ll push back against overcharging and disproportionate penalties

Entrapment

  • If you were induced into committing fraud, we can argue entrapment
  • Undercover stings or reliance on shady informants could be entrapment

Lack of Admissible Evidence

  • We’ll scrutinize how evidence was obtained and its admissibility
  • Improper searches, unauthorized wiretaps, etc. could get evidence tossed

Good Faith Reliance on Advice

  • Following advice of a supervisor, lawyer or compliance officer negates intent
  • We can argue you acted in good faith based on professional guidance

Vigorous Pre-Trial Motions Practice

  • We’ll file motions to dismiss charges or suppress key evidence
  • Poking holes in the prosecution’s case from the outset

These are just some of the potential defense avenues we may pursue based on your circumstances. The key is having a defense team that explores every possible angle and leverage point.Our healthcare fraud defense strategies are always evolving based on the latest case law and prosecutorial tactics. You can be confident we’ll leave no stone unturned in aggressively defending you.

Why You Need an Elite Oakland Healthcare Fraud Defense Lawyer

Choosing the right legal team is crucial when facing healthcare fraud charges. These are highly complex cases that require strategic maneuvering and in-depth knowledge of healthcare laws and regulations.At Spodek Law Group, our healthcare fraud defense attorneys have:

  • Decades of combined experience in state/federal courts
  • Extensive background handling healthcare fraud cases
  • Comprehensive understanding of healthcare laws like Stark, Anti-Kickback, etc.
  • Proven track record of getting charges reduced or dismissed entirely
  • Resources to go toe-to-toe with powerful federal prosecutors

We’re not just skilled litigators – we‘re also counselors you can trust during this stressful time. Our attorneys will walk you through the process, answer all your questions, and ensure you understand what‘s happening every step of the way.When you hire us, you get:

  • A dedicated defense team singularly focused on your case
  • Proactive strategies to resolve charges favorably
  • Open communication and transparency from day one
  • Aggressive negotiation and litigation when needed
  • Tireless commitment to protecting your rights

Facing healthcare fraud charges without elite legal representation is simply too risky. The penalties are far too severe. You need a powerful advocate to level the playing field against federal prosecutors.At Spodek Law Group, we have the skills, resources and determination to vigorously defend you. Our healthcare fraud defense team will give you the best possible chance at a favorable outcome.Don’t take on the federal government alone. Hire the elite defense lawyers at Spodek Law Group. Your future depends on it.

Potential Scenarios and Defense Approaches

To give you a better sense of how we operate, let’s walk through some hypothetical healthcare fraud scenarios and potential defense approaches:Scenario 1: Billing Errors Lead to an InvestigationYou run a small medical practice. During a routine Medicare audit, it’s discovered that your staff made coding errors on a number of claims over the past year – resulting in $75,000 in overpayments.The auditors immediately assume fraud and refer the case to federal prosecutors for criminal charges. But you had no knowledge of the errors, which were simply mistakes made by undertrained staff.Our Defense Approach:

  • Argue lack of intent to defraud – coding errors don’t prove criminal intent
  • Highlight your practice’s compliance program and training procedures
  • Negotiate with prosecutors to have charges reduced or dismissed entirely
  • Push for a civil repayment agreement instead of criminal prosecution

Scenario 2: Whistleblower Alleges Kickback SchemeA former employee files a whistleblower lawsuit alleging you were involved in an illegal kickback scheme with a medical device company. Specifically, they claim you received cash payments in exchange for using the company’s products for certain procedures.Federal agents execute a search warrant on your practice and start building a criminal case against you for healthcare fraud and Anti-Kickback violations.Our Defense Approach:

  • Attack the whistleblower’s credibility and motives for filing suit
  • Scrutinize the methods used to obtain evidence against you
  • Argue any payments were legal “rebates” rather than illegal kickbacks
  • Negotiate for deferred prosecution or pre-trial diversion program

Scenario 3: Falsifying Patient Records AllegationsYou’re a physician accused of routinely falsifying patient records to justify unnecessary procedures and tests. Prosecutors claim you put patients through invasive procedures for no reason other than to bill insurers.The evidence appears damning – with expert witnesses prepared to testify about clear misrepresentations in your medical recordkeeping.Our Defense Approach:

  • Hire expert medical witnesses to counter prosecution experts
  • Argue any record discrepancies were unintentional/sloppy paperwork
  • Highlight your history of providing quality care to undermine allegations
  • Negotiate for reduced charges/sentencing in exchange for cooperation

These are just a few examples, but they illustrate our comprehensive approach. We‘ll explore every possible defense avenue – from lack of intent and entrapment to prosecutorial overreach.Our goal is always the same: To protect your rights and secure the best possible outcome, whether that‘s outright dismissal or minimized penalties. You can count on us to fight tirelessly on your behalf.

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