San Diego Healthcare Fraud Defense Lawyer
Contents
- 1 San Diego Healthcare Fraud Defense Lawyer: Protecting Your Rights
- 2 What is Healthcare Fraud?
- 3 Why You Need a Healthcare Fraud Defense Lawyer
- 4 Analyze the Evidence
- 5 Identify Defenses
- 6 Negotiate Pretrial
- 7 Fight at Trial
- 8 Understanding Healthcare Fraud Charges
- 9 Common Healthcare Fraud Defenses
- 10 Lack of Intent
- 11 Widespread Industry Practice
- 12 Reliance on Advice
- 13 Prosecutorial Overreach
- 14 What to Do If You’re Under Investigation
- 15 Do:
- 16 Don’t:
- 17 Why Choose Spodek Law Group?
- 18 Proven Healthcare Fraud Experience
- 19 Aggressive Litigation
- 20 Meticulous Preparation
- 21 Respected Reputation
- 22 Personal Service
San Diego Healthcare Fraud Defense Lawyer: Protecting Your Rights
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. We get it, you’re stressed – this is a hard situation to deal with. But, take a deep breath, you‘ve come to the right place.At Spodek Law Group, we leave no stones unturned. We do everything possible to win your case. Everything we do is focused on getting you results. We understand the difficulties and challenges of going through a healthcare fraud investigation or prosecution. If you’re accused of healthcare fraud, schedule a consultation with our criminal attorneys today.
What is Healthcare Fraud?
Before we dive into how to defend against healthcare fraud charges, let‘s define what it actually is. Healthcare fraud generally refers to knowingly making false statements or misrepresentations to obtain money or benefits from a healthcare program like Medicare, Medicaid, or private insurance.Common examples include:
- Billing for services never rendered
- Falsifying patient records or diagnoses
- Performing unnecessary medical procedures
- Paying kickbacks for patient referrals
While it may seem straightforward, healthcare fraud cases are incredibly complex due to the regulations and nuances involved. That’s why you need an experienced defense lawyer on your side.
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 got.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 stones unturned in building a strategic defense tailored to your unique situation.Here’s what our healthcare fraud defense lawyers can do for you:
Analyze the Evidence
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.
Identify Defenses
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
Negotiate Pretrial
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.
Fight at Trial
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 acquittal.The bottom line: having the Spodek Law Group in your corner can make all the difference in a healthcare fraud case. We know how to navigate this legal minefield and use every tool at our disposal to protect your future.
Understanding Healthcare Fraud Charges
To build an effective defense, it’s critical to understand exactly what charges you’re facing and the potential consequences. Healthcare fraud charges can arise under various federal laws, including:
- False Claims Act
- Anti-Kickback Statute
- Stark Law
- Criminal healthcare fraud statute (18 U.S.C. 1347)
The penalties are no joke – we‘re talking potential prison time, massive fines, exclusion from federal healthcare programs, and more. Not to mention the personal and professional ramifications.That’s why as soon as you become aware of an investigation, you need to lawyer up immediately. Every statement you make can be used against you. We know how to deal with federal agents and prosecutors to protect your rights.
Common Healthcare Fraud Defenses
While every case is unique, there are some common defense strategies we employ for healthcare fraud charges:
Lack of Intent
Since healthcare fraud is a specific intent crime, one of the core defenses is arguing you lacked the requisite criminal intent. Maybe it was an honest mistake in coding or billing. Or you were following industry practices. Whatever the circumstances, we’ll make the case you didn‘t knowingly or willfully violate the law.
Widespread Industry Practice
Sometimes healthcare providers are prosecuted for conduct that is actually widespread within their field or specialty. We can present evidence that you were adhering to standard practices, not defrauding anyone.
Reliance on Advice
If you were operating based on guidance from a lawyer, compliance officer, or Medicare/Medicaid representative, that could negate the intent required for healthcare fraud. We’ll argue you had a good-faith basis for believing your actions were proper.
Prosecutorial Overreach
The government has to be able to prove each and every element of healthcare fraud beyond a reasonable doubt. If they can‘t, we’ll move to have the charges dismissed for lack of evidence or improper legal theory.No matter what defenses apply, you can count on our healthcare fraud defense team to explore every possible avenue and leverage every advantage to secure a favorable outcome.
What to Do If You’re Under Investigation
So what should you do if you get that sinking feeling you’re under investigation for healthcare fraud? Here are some critical dos and don’ts:
Do:
- Hire an experienced healthcare fraud defense attorney immediately
- Follow your lawyer’s instructions to the letter
- Gather and preserve all relevant records
- Be prepared for search warrants, interviews, or subpoenas
- Stay calm and avoid making any statements
Don’t:
- Speak to anyone about the investigation without your lawyer present
- Alter, destroy or conceal any records or evidence
- Lie or mislead investigators
- Contact potential witnesses
- Assume you can handle this alone
The minute you suspect an investigation is underway, the clock is ticking. You need to get a formidable legal team like Spodek Law Group on your side ASAP to start protecting your rights and interests.
Why Choose Spodek Law Group?
When you’re staring down serious federal charges that could upend your life and career, you can’t afford to take any chances with your legal representation. Here’s why Spodek Law Group should be your first choice:
Proven Healthcare Fraud Experience
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 defense. We know the relevant laws and regulations inside and out.
Aggressive Litigation
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 justice.
Meticulous Preparation
We leave no stones 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.
Respected Reputation
Our firm has earned a reputation for excellence from judges, prosecutors and other defense attorneys. 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.
Personal Service
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 needed.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.