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Fraud & White Collar

Medicare Fraud Charges

Medicare fraud charges are federal, and by the time an indictment or complaint is filed, the government has usually spent a long stretch gathering claims data, records, and sometimes recorded conversations.

Reviewed

01 GUIDE

Medicare Fraud Charges: what usually happens

What a federal health care case looks like

Because Medicare is a federal program, these cases are brought by federal prosecutors, usually after investigation by the HHS Office of Inspector General and the FBI. Indictments commonly pair a health care fraud count with conspiracy or kickback allegations, and the case is often built from billing data that shows patterns across thousands of claims. Some cases follow years of civil audits; others begin with a search warrant or with arrests coordinated across several cities. The central question is usually intent: whether the people charged knew the claims were false or joined an arrangement to pay for referrals, as opposed to making mistakes or following guidance they believed was correct.

Getting the evidence under control

After charges are filed, the government produces discovery, and in health care cases it can be enormous, from claims data and patient files to bank records, emails, and witness statements. A careful review usually needs help from billing and coding consultants, and sometimes from data analysts who can test whether the government's sample or extrapolation fairly reflects the whole. Do not contact co-workers, patients, or referral sources about the case. That contact can be portrayed as tampering and may violate your release conditions. Share the names of people who may have helpful knowledge with your lawyer instead of reaching out yourself.

Choices that follow the charges

Early decisions include conditions of release, whether there is room for discussion with the government, and how the loss figure is being calculated, since in federal fraud cases that figure has a large effect on sentencing exposure. Collateral consequences arrive quickly, among them exclusion from federal health programs, licensing board proceedings, and forfeiture of assets alleged to be connected to the scheme. Cooperation, trial, and a negotiated resolution each carry real costs, and none should be chosen before the evidence has been examined. We walk through each path with you, and the decision remains yours.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

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Attorney Advertising. This page is general information about medicare fraud charges and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.