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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Medicare and Medicaid Fraud
Facing Federal Medicare and Medicaid Fraud Charges? Andrew M. Weisberg Can Defend Your Rights
Medicare and Medicaid fraud are serious federal offenses that involve defrauding government healthcare programs by submitting false claims, misrepresenting services, or engaging in other fraudulent activities to obtain payments to which one is not entitled. Federal Medicare and Medicaid fraud charges carry severe penalties, including substantial fines, lengthy prison sentences, and a permanent criminal record. If you are facing federal fraud charges related to Medicare or Medicaid, it is crucial to have an experienced defense attorney like Andrew M. Weisberg on your side to protect your rights and fight for the best possible outcome.
Understanding Medicare and Medicaid Fraud Under U.S. Law
Medicare and Medicaid fraud are prosecuted under various federal statutes, including the False Claims Act (31 U.S. Code §§ 3729-3733), the Anti-Kickback Statute (42 U.S. Code § 1320a-7b), and the Healthcare Fraud Statute (18 U.S. Code § 1347). These laws make it illegal to submit fraudulent claims to Medicare, Medicaid, or other government healthcare programs, or to engage in schemes that involve kickbacks, bribery, or false statements to obtain payments under these programs.
Types of Medicare and Medicaid Fraud:
Billing for Services Not Provided: Submitting claims for medical services, tests, or procedures that were never performed.
Upcoding: Billing for more expensive services or procedures than those actually provided.
Kickbacks: Accepting or offering payments or other incentives in exchange for referrals of Medicare or Medicaid patients.
Unbundling: Submitting separate claims for services that are normally billed together to increase payments.
False Cost Reports: Submitting false information about costs or expenses to increase reimbursements.
Prescription Fraud: Writing or filling prescriptions for medications that are not medically necessary or that were never provided to the patient.
Penalties for Federal Medicare and Medicaid Fraud
The penalties for federal Medicare and Medicaid fraud are severe and can have long-lasting consequences. Under the False Claims Act, Anti-Kickback Statute, and Healthcare Fraud Statute, the penalties include:
Imprisonment: Penalties can range from 5 years to 20 years in federal prison for each count of fraud, depending on the severity of the offense and whether it involved bodily harm or death.
Fines: Fines can be substantial, including up to $250,000 per count or three times the amount of the fraud (treble damages) under the False Claims Act.
Restitution: The court may order the defendant to pay restitution to the government for any financial losses incurred as a result of the fraud.
Exclusion from Federal Programs: Conviction can result in exclusion from participation in all federal healthcare programs, including Medicare and Medicaid.
Asset Forfeiture: The government may seize any property or assets obtained through fraudulent activities.
Permanent Criminal Record: A conviction for Medicare or Medicaid fraud will result in a permanent federal criminal record, which can affect your ability to secure employment, obtain loans, and more.
Related Federal Offenses
In addition to Medicare and Medicaid fraud, individuals may face related charges under federal law, which can compound the penalties:
Conspiracy (18 U.S. Code § 371): Conspiring with others to commit healthcare fraud or related crimes.
Wire Fraud (18 U.S. Code § 1343): Using electronic communications to carry out fraudulent schemes, often associated with healthcare fraud.
Mail Fraud (18 U.S. Code § 1341): Using the postal service or any interstate carrier to execute a scheme to defraud.
Money Laundering (18 U.S. Code § 1956): Concealing or disguising the proceeds of fraudulent activities.
Consequences of a Federal Medicare and Medicaid Fraud Conviction
A conviction for federal Medicare and Medicaid fraud can have devastating and far-reaching consequences:
Long-Term Incarceration: Lengthy prison sentences can severely disrupt your life, causing financial hardship and emotional stress for you and your family.
Financial Penalties: In addition to fines and restitution, the financial burden of a conviction can leave you struggling to rebuild your life.
Damage to Reputation: A federal conviction for healthcare fraud can severely damage your personal and professional reputation, making it difficult to regain trust in your community.
Loss of Professional Licenses: Healthcare professionals, such as doctors, nurses, and pharmacists, may lose their licenses or certifications following a conviction.
Loss of Medicare/Medicaid Participation: Exclusion from federal healthcare programs can result in the loss of patients and income for healthcare providers.
Defending Against Medicare and Medicaid Fraud Charges
Successfully defending against federal Medicare and Medicaid fraud charges requires a strategic and comprehensive approach. Andrew M. Weisberg will thoroughly investigate the circumstances of your case, scrutinizing the evidence and questioning the validity of the prosecution’s claims. Some potential defense strategies may include:
Lack of Intent: The prosecution must prove that you knowingly and willfully engaged in fraud. If there was no intent to defraud, this could be a strong defense.
Challenging the Evidence: Andrew may challenge the credibility of the evidence, such as billing records, witness testimony, or financial documents, that the prosecution is using to build their case.
Mistake or Error: If the fraudulent claims were the result of an administrative error or a misunderstanding, rather than intentional fraud, Andrew may use this to challenge the charges.
No Actual Loss to the Government: If the government did not suffer a financial loss as a result of the alleged fraud, the charges may not hold.
Procedural Defenses: Andrew may challenge the legality of the investigation, including whether law enforcement violated your rights during the gathering of evidence.
Why Choose Andrew M. Weisberg as Your Defense Attorney?
Andrew M. Weisberg is a seasoned criminal defense attorney with extensive experience handling federal offenses, including Medicare and Medicaid fraud charges. His background as a former Cook County prosecutor gives him unique insights into how these cases are built and prosecuted, allowing him to anticipate the prosecution’s strategies and develop a robust defense on your behalf.
When you choose Andrew as your defense attorney, you benefit from:
Comprehensive Legal Knowledge: Andrew’s deep understanding of federal healthcare fraud laws ensures that your case will be handled with the utmost competence and care.
Aggressive Defense Strategies: Andrew is known for his relentless and proactive defense tactics, exploring every possible angle to protect your rights.
Personalized Attention: Andrew provides each client with individualized attention, ensuring that your specific circumstances and needs are fully addressed.
The Importance of Early Legal Intervention
If you have been charged with federal Medicare or Medicaid fraud, it is crucial to seek legal representation as soon as possible. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. Andrew M. Weisberg will take immediate action to protect your rights, gather evidence, and develop a defense strategy tailored to your specific situation.
Andrew M. Weisberg: Committed to Your Defense
Facing charges of federal Medicare and Medicaid fraud can be overwhelming and stressful. Andrew M. Weisberg is committed to providing compassionate and effective legal representation throughout the entire process. He will keep you informed at every stage, answer all your questions, and fight tirelessly to protect your rights and future.
Contact the Law Offices of Andrew M. Weisberg Today
If you have been arrested or charged with federal Medicare or Medicaid fraud, don’t delay in seeking legal representation. Andrew M. Weisberg is available 24/7 to discuss your case and provide the immediate assistance you need.
Contact Andrew today for a free, confidential consultation:
Phone: Call (773) 908-9811 anytime, day or night.
Online: Fill out the Case Review form on our website, and we will get back to you promptly.
Remember, the sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Let Andrew M. Weisberg put his expertise to work for you.
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