Daytona Beach Health Care Fraud Lawyer
Health care fraud has been a concern for government officials for decades. In response, authorities have doubled down on their efforts in recent years to counteract misconduct and hold alleged offenders accountable. Misconduct is so common that the Department of Justice has dedicated an entire task force to investigate and pursue suspects. Around 400 people are arrested every year for illegal billing and other schemes. On average, defendants who are convicted of health care fraud spend up to 42 months incarcerated.
Therefore, if you are facing charges for defrauding the federal government for health care services, you want to take advantage of all opportunities to avoid a conviction. Retaining legal representation is an essential first step, so please contact the O’Mara Law Group to speak to our Daytona Beach health care fraud lawyers. We can schedule a consultation to review the specifics and discuss strategies for fighting the charges. Some general information on the legal process and tips on what to do after an arrest is also helpful.
Basics on Health Care Fraud Cases
There are multiple statutes that come into play in a health care fraud case, but the focus is typically on misrepresentations when filing a claim or billing. Schemes to defraud may incorporate public health care programs, the Federal False Claims Act, controlled substances laws, and anti-kickback statutes. Examples of health care fraud include:
- Billing for unnecessary services or treatment not provided;
- Submitting false statements to the Centers for Medicare and Medicaid Services (CMS) for reimbursement;
- Double billing;
- Creating bogus patients and patient records; and
- Soliciting or receiving unlawful referral fees, known as “kickbacks” under the Stark Act.
The key with health care fraud cases is that the prosecutor must establish intent to defraud as one of the essential elements of the crime, and proof beyond a reasonable doubt is the applicable standard. If there are weaknesses in the evidence, the prosecution may be amenable to plea bargaining to resolve the charges.
Quick Action is Critical for Your Defense
A federal crime carries punishment under the US Sentencing Guidelines, so the sentence for a conviction could mean prison, fines, restitution, and other penalties. The O’Mara Law Group is prepared to leverage all defense strategies, but there are ways you can support your interests.
- Contact a Daytona Beach health care fraud lawyer from the moment you believe you are under investigation, since you have rights even before being charged.
- Exercise your right to remain silent when under arrest or being questioned by police. Do not profess your innocence, as you may do more harm than good.
- Do not resist arrest or get into physical altercations with officers.
Call Now to Speak to a Daytona Beach Health Care Fraud Attorney
For more information on options for defending fraud allegations, please contact the O’Mara Law Group to set up a consultation. You can reach our offices by calling 407-634-6604 or completing an online form. Once our Florida health care fraud attorneys assess your circumstances, we can advise you on possible strategies.