Your Phoenix Criminal Defense Attorney request your free consultation

Phoenix Healthcare Fraud Attorney

Phoenix Healthcare Fraud Attorney

Have you been arrested or charged with healthcare fraud in Phoenix, AZ? Healthcare fraud is a serious felony charge that carries the possibility of time in federal prison. Do not give prosecutors any advantage – call the Phoenix healthcare fraud attorneys at Orent Law Offices now. 

You’ll need an experienced litigator in your corner as you stand up and fight for your future. Attorney Craig Orent is a Certified Criminal Law Specialist with more than three decades of experience. When your future and reputation are at stake, he’ll fight aggressively to protect you.

Contact our law offices in Phoenix, Arizona at (480) 656-7301 to schedule a time to discuss your healthcare fraud defense case. Your first consultation is free, so call now.

How Our Phoenix Criminal Defense Attorney Can Help You Fight Federal Healthcare Fraud Charges

It’s estimated that healthcare fraud costs the United States anywhere between $68 billion and $230 billion every year. As a result, it’s no surprise that healthcare transactions are monitored closely by state and federal government agencies and task forces, like the Medicare Fraud Strike Force.

When fraud is suspected, the federal government will not tread lightly. Prosecutors will use every resource they have to convict. When you’re accused of kickbacks, submitting false claims, prescription fraud, or other conduct that might be considered healthcare fraud, it’s important to take affirmative steps to defend yourself.

That’s where Orent Law Offices can help.

When you trust defense attorney Craig Orent to defend you, he will:

  • Coordinate a thorough independent investigation into the alleged fraud
  • Enlist the help of experts and specialists to ensure that he understands the complexities and details of your case
  • Provide guidance and advice as you speak with the police, investigators, and prosecutors
  • Review the government’s case against you to determine which weaknesses can be used to your benefit
  • Challenge the validity and strength of government evidence
  • Identify exculpatory evidence that can be used to boost your defense
  • Determine if your rights have been violated in any way

Depending on the circumstances of your case, we’ll either work hard to negotiate a favorable plea, get the charges against you dropped entirely, or fight for your freedom before a judge and jury. 

The time to fight back is now. Call our law firm to get started. Your first case evaluation is free.

What is Healthcare Fraud?

Healthcare fraud is a white collar crime involving the abuse or exploitation of a health insurance system in order to make a profit. Often, healthcare fraud involves submitting a false claim (material misrepresentation) to a health insurance provider like Medicare, Medicaid, or a private company like Blue Cross Blue Shield or Aetna. 

Typically, it’s doctors, nurses, hospitals, clinics, and healthcare providers who are accused of committing 

healthcare fraud.

Examples of healthcare fraud, when committed by a healthcare provider, can include:

  • Kickbacks
  • Double billing
  • Billing for services not provided
  • Billing for a higher level of service than was provided
  • Billing for services that aren’t medically necessary or requested by the patient
  • Falsifying a patient’s results to justify additional testing or medical treatment
  • Misrepresenting services or procedures to obtain payment from an insurance carrier
  • Unbundling
  • Upcoding

However, patients can also commit healthcare fraud. Some common examples of patient healthcare fraud include forging medical bills or invoices, using another person’s health insurance, or filing claims for care that wasn’t received.

What Does the Government Have to Prove in a Healthcare Fraud Case?

Under 18 U.S. Code § 1347, four elements must be proven before you can be convicted of healthcare fraud.

Healthcare fraud occurs when you:

  • Knowingly and
  • Willfully
  • Devised a scheme or artifice to defraud a healthcare program, and
  • Executed (or attempted to execute) the scheme.

So, you must have intentionally thought of a way to defraud an insurance company and acted on that plan. 

Keep in mind that healthcare fraud is typically one of several criminal charges filed in these situations. In addition to healthcare fraud, you could also face state and/or federal criminal charges for conspiracy, wire fraud, money laundering, embezzlement, violations of the Anti-Kickback Statute or False Claims Act, or racketeering. 

Even if the government can’t prove the elements of healthcare fraud doesn’t mean you’ll get off scot-free. It will be important to have a defense lawyer on your side who can battle each of these charges simultaneously. The elements of many of these other offenses, such as conspiracy or mail fraud, can be much less challenging to prove.

What Are the Penalties For Healthcare Fraud in Phoenix, AZ?

While you could face criminal charges at the state level in Arizona, most healthcare fraud charges are federal matters. That’s because the Health Insurance Portability and Accountability Act, or HIPAA, came into effect in 1996. 

Federal criminal charges tend to be subject to harsher penalties, and healthcare fraud is no exception.

Healthcare fraud is a felony punishable by up to 10 years in prison. You could face up to 20 years in a federal penitentiary if someone is seriously injured due to the fraudulent conduct. 

Fines up to $50,000 can apply for each individual charge you face. If you’re charged with multiple counts of fraud, those fines can add up fast – totaling hundreds of thousands of dollars, if not more.

In addition to imprisonment and fines, you can also be required to forfeit any assets or profits you made from the fraudulent activity and/or pay restitution. You may also be prohibited from joining federal healthcare programs. 

Collateral Consequences of a Healthcare Fraud Conviction

It’s not just criminal penalties you’ll have to worry about if you’re convicted of healthcare fraud in Phoenix: you’ll face many collateral consequences, as well.

Collateral consequences are civil and social penalties arising from your criminal record. They’re not imposed by the court but are directly related to the fact that you’ve been convicted of a crime.

When convicted of a healthcare fraud charge, potential collateral consequences can include:

  • Loss of your medical license or other professional licenses
  • Licensing sanctions
  • Medicare exclusion
  • Inability to secure loans or financial assistance
  • Difficulty finding a job or securing employment

Allegations of fraud can destroy your reputation and change your life forever. You must fight back and work to defend yourself as best you can. You have the right to choose an attorney to represent you. Your choice of attorney matters, and that’s why Orent Law Offices should be your first call.

Attorney Craig Orent will defend you at every turn, working to anticipate the government’s strategies and find weaknesses in its criminal case against you. A smart defense, deployed by an experienced and respected defense attorney, can make a huge difference when your future is on the line.

What Defenses Can Be Argued in a Healthcare Fraud Case?

Government prosecutors will have the burden of proof in your criminal healthcare fraud case. They’ll have to prove that you are guilty of intentionally exploiting or abusing a healthcare insurance provider to turn a profit. 

That’s a high burden, and the job becomes even more difficult when prosecutors are met with a strong defense.

Attorney Craig Orent will explore every possible defense for your case, which might include:

  • Violations of your constitutional rights
  • You did not have knowledge or intent
  • You did not devise a scheme with the intent to defraud
  • You did not execute a plan to defraud
  • You’ve been falsely accused
  • The government lacks substantial or persuasive evidence to support its case
  • Witness testimony is unreliable or untrustworthy

If there’s any proof that your rights have been violated or that evidence has been obtained illegally, our legal team will bring that to the court’s attention. The government cannot be allowed to benefit from its mistakes or illegal conduct. 

We will file a motion to have charges against you dropped or ask the court to exclude evidence. Without evidence, the government may be forced to reconsider its case, offer a sentence based on reduced charges, or negotiate the terms of a plea that’s favorable to you.

Schedule a Free Case Evaluation With a Phoenix Healthcare Fraud Attorney

Whether you’re a doctor who’s been accused of Medicaid fraud or a patient who tried to use a friend’s insurance card, Orent Law Offices is here to help you fight for your future.

Phoenix healthcare fraud lawyer Craig Orent has the experience, reputation, and resources that you will need as you navigate the federal criminal justice system. He’s the ally you’ll want as the government works hard to convict.

Contact our Phoenix, Arizona law firm to begin with a free consultation. Meetings can be arranged at a time and place that’s convenient for you, including our law office, your home, or a Phoenix correctional facility.

Search Our Site

Our Location

Orent Law Offices, PLC

11811 N. Tatum Blvd. STE 3031

Phoenix, Arizona 85028

(480) 656-7301

 

Orent Law Offices Phoenix Criminal Defense Law Firm