Medicare Fraud Defense Lawyer in California
Los Angeles Medicare Fraud Attorney
Medicare fraud is a felony that the federal government takes very seriously. At Hedding Law Firm our federal criminal defense attorneys will look at all the facets of the case in defending you. The prosecution must prove that there was an actual intent to deceive. This must be proven beyond a reasonable doubt.
Medicare fraud occurs when people or companies purposely bill Medicare for services that were never provided or received. For example, your Medicare number could be used to bill Medicare for services and supplies you did not need, want, order or receive. Medicare fraud typically occurs in nursing homes, hospitals, residential facilities, hospice and other health care providers.
Physicians or health care entities that are found to have committed Medicare fraud face serious consequences. They will be required to repay the Medicare over payment which they received and they are likely to face significant financial fines. Further, they may face criminal prosecution by the federal government.
Different Types of Medicare Fraud
The government has ramped up a task force to go after those individuals who are involved in any type of Medicare fraud. This can take many different frauds — doctors can be involved or patients can be involved.
It basically has to do with getting money from the government for health of insurance in the form of Medicare and using that money in an improper way or gaining it in an improper way or filing for false services.
There’s all sorts of different scams that are out there and the government is paying out hundreds of thousands, millions of dollars related to Medicare fraud claims and if they determine that people are using that money in appropriate or improperly, they will file criminal charges.
First it will start in their investigative body which is more of a bureaucracy in a civil branch and then if it is determined that there is some sort of criminal activity involving Medicare fraud, the next thing that will happen is it will be moved to the criminal task force.
Once it’s moved to the criminal task force, then they’re in a position where the person will be approached and talked to. Basically, what is going to happen is they’re going to try to question that person about what they believe they’re doing Medicare fraud-based and if that person says anything to incriminate themselves, obviously they will use that information and prosecute them.
Other times, they simply go an arrest the person because they have the evidence on the person that they’re involved in some sort of a Medicare fraud scheme. Again, this is the government protecting their money. They’re giving thousands of dollars out every single day, so people have taken advantage of this, and in taking advantage of it, thousands of dollars are being wasted.
The federal government obviously needs to police this. Sometimes this involves doctors. Sometimes it involves patients, and sometimes it involves all of those entities or individuals involved in stealing money from the government.
Reviewing Defense Strategy for Best Outcome
So, if you’re charged with a Medicare fraud-related offense in Los Angeles, the first thing you want to do is sit down with an attorney in the privacy of their office and make a determination whether the government actually has a good case against you or not.
If they don’t have a good case against, then obviously you’re going to want to explore that and flush everything out and determine what you’re going to do about defending yourself. If they do have a good case against you and you decide behind closed doors that if you were to fight it you’re going to lose, then obviously you’re going to want your attorney to plea bargain with the government and talk to them about what can be done to start to preserve things like your rights, your freedom, your reputation, you criminal record — all of the things that are important to you.
Part of that is usually done through a mitigation package sent to the prosecutor letting them know the good things about you — character letters, references and other things that you have that can show that you’re a good member of society and whatever they’re claiming that you did here was an aberration.
Maybe you were in extreme financial difficulty and that’s why you made some of the choices and decisions that you did regarding Medicare fraud and the Medicare benefits that you receive.
Proactive Approach to Defend You
Once you flush this out with your attorney, you and your attorney are going to have a game plan moving forward as to exactly what the attorney is going to do to defend you so that you’re in the best possible position. Just burying your head and doing nothing and hoping for the best is usually not the best approached.
Being proactive and figuring out what you can do to start to right some of the wrongs that you are allegedly involved with is the key way to handle things. If you are facing federal charges, contact a California criminal defense attorney at our law firm to discuss the details of your case.
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