Houston Medicare Fraud Lawyer

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Ending up on the opposite side of the government on a Medicare fraud charge can often be intimidating. A Houston Medicare fraud lawyer can be essential to ensuring that a strong defense is made on your behalf.

Medicare is subject to more fraud than any other form of healthcare payment. As a result, Medicare fraud has increasingly become more aggressively investigated, prosecuted, and penalized than in years past. The Justice Department has led coordinated efforts across different agencies to target this kind of fraud.

If you are being suspected of this kind of crime, contact the Law Offices of Richard Kuniansky. I offer skilled representation with experience from both sides of the aisle.

Saving Your Liberty And Career When You Face Medicare Fraud Charges

Medicare fraud can threaten not only your liberty but also your career. If convicted, you could serve years in prison, lose your license, and be prohibited not only from billing Medicare but working for any healthcare provider that bills Medicare (almost all), even if your role has nothing to do with billing.

For more than 35 years, I have provided outstanding and reliable criminal defense counsel for the people of Houston, Harris County, and throughout Texas. My clients have included doctors, nurses, administrators, and other clinic staff members. If you face federal charges involving Medicare fraud, I have the experience to defend you aggressively.

A Board-Certified Specialist With Proven Results

Medicare fraud cases are immensely complex due to the vast number of regulations that govern healthcare billing. It is critical that you hire a lawyer who is highly experienced in Medicare fraud cases. In my decades of practice, I have gotten charges reduced or gotten sentences reduced for a variety of cases involving:

  • Upcoding, unbundling, and other forms of over-billing
  • Billing for unnecessary or nonexistent services
  • Kickbacks
  • Collusion or conspiracy

The federal government spends years on an investigation before it even brings charges. If it has formally charged you, the authorities likely have what they believe to be convincing incriminating evidence. Do not give up hope and do not speak with any law enforcement officers without a lawyer.

The Consequences of Medicare Fraud

Medicare fraud, usually thought of as a white collar crime, is investigated by both federal and state governments. At the federal level, groups like the Office of Inspector General at the Department of Health and Human Services, Centers for Medicare and Medicaid Services, and the FBI are all involved in addressing Medicare fraud. Since state funds are usually involved, at the state level, Medicaid Fraud Control Units receive federal funding and work to investigate and prosecute Medicaid fraud.

The legal penalties that you could face will depend on a variety of different factors. Some of the things that the court may consider include the sentencing guidelines, whether or not it is a first offense, the harm that the fraud caused, and anything else that the judge determines to be relevant. Some of the potential things that could be included in sentencing for a Medicare fraud conviction include:

  • There’s a wide range of potential lengths of prison sentences based on the specifics of the case involved. It could range from a few months in prison to potentially decades
  • In some cases, particularly those involving first-time offenders, probation may be an option.
  • Depending on the severity of the fraud, the fines may be steep.
  • Restitution is mandatory for those convicted to be required to repay the government or individuals who were impacted as a result of the fraud.
  • Exclusion From Medicare. Both individuals and entities convicted of Medicare fraud may be prevented from participating in that program and other government healthcare programs.

There are other impacts beyond the legal penalties that could result from a Medicare fraud conviction. If convicted of Medicare fraud, the government will seek to debar you from working at any facility that bills Medicare, even if you have nothing to do with billing. For example, a nurse may be debarred from working for a clinic that bills Medicare, which is virtually every clinic.  In particular, there is a real risk of losing any licenses that are related to health care or sensitive data. Additionally, a conviction may also negatively impact things like your career, finances, educational opportunities, ability to rent an apartment and even social life.

What a Houston Medicare Fraud Lawyer Does

Putting up a strong defense against Medicare fraud charges is imperative for those who hope to avoid the worst or possibly all of the penalties involved. To be sure that you are confident in the defense that is made on your behalf, it would be wise to work with a Houston Medicare fraud lawyer.

The Law Offices of Richard Kuniansky performs a number of critical tasks and roles in the process of putting forth a formidable defense on your behalf. This includes things like:

  • Asserting Your Rights. There are several Constitutional rights and protections in place for those who are charged with a crime to ensure that you are given a fair chance at a defense against the accusation, such as your rights against self-incrimination.
  • Investigating the Allegations. Medicare fraud cases can often be particularly complex, and that makes a thorough investigation a critical part of the process. It can be especially valuable to work with an experienced lawyer who has a strong understanding of what to look for in these cases as valuable evidence for defending against the accusations.
  • Preparing a Defense. Having a solid defense against Medicare fraud charges is critical whether the case goes to trial or if it can be used to negotiate a better plea deal. The government has devoted a lot of resources in their investigation, which are often investigated by several departments, including the Department of Justice, Federal Bureau of Investigation, Health and Human Services, and the Office of Inspector General.
  • Further, each state has its own specific Medicaid Fraud Control Unit, which works closely with the Attorney General’s office. Given the dedication on the prosecution’s side, it’s imperative that you have a fraud lawyer like Richard Kuniansky who understands the complexity of these cases and how the prosecution will target them.
  • Pre-Trial Motions. Before the trial begins, the pre-trial process can be critical to setting up the foundation of your defense. One of the things I will be looking to do is get the charges dismissed if there are any grounds that can be argued. I have successfully gotten charges dismissed in the past, so there may be a possibility.
  • There is also the potential of weakening the prosecution’s case to the point where it is no longer worth their time to go forward if I am able to challenge the validity of key pieces of evidence and prevent them from being brought to trial. This can mean having charges withdrawn or possibly negotiating a much better plea deal.
  • Defending You in Court. When it comes time to go to court, I will be prepared to challenge the case the prosecution makes and to put forth an aggressive defense on your behalf.

How Can You Defend Against Medicare Fraud Charges

Working with my firm means an experienced defense. Some of the Medicare fraud cases my firm has handled include:

  • Represented numerous corporations and individuals in investigations of alleged Medicare fraud involving hundreds of millions of dollars.
  • Was able to obtain a sentence of probation for a woman who ran a home health care agency and admittedly defrauded the government out of $847,000. The Federal Sentencing Guidelines called for a sentence of 46-57 months.

There are a variety of different ways that Medicare fraud charges may be defended against by your lawyer. However, the most important thing to remember when considering your defense is how the burden of proof belongs to the prosecution, meaning they must prove your guilt. Your lawyer, then can challenge whether the prosecution has successfully proven all components of Medicare fraud.

For instance, one of the most important components of Medicare fraud is that it requires the defendant to have committed the act with the intent to defraud the government. That can be a particularly difficult thing to prove and leaves open avenues for defense. The Medicare system of billing is complex and it can be easy to make a simple error. You may even make a repeated error if you believe a part of the numbered codes indicates one particular treatment when it really refers to another. I had a case where the government called the country’s leading expert on coding. I was able to establish through cross examination that even she made numerous coding errors.

Seek Defense Counsel Immediately

Work with me at The Law Offices of Richard Kuniansky to protect your rights, your career and your freedom. To schedule an initial consultation about my defense counsel, please call my law office at 713-987-3902 or send me an email.

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