If you have been charged with medicare fraud, you want to consult with an attorney who can offer assistance in order to avoid criminal penalties. Sometimes, the penalties can’t be entirely avoided but can be reduced with the proper defense. The Department of Justice is usually behind any fraud allegations that are brought forth, especially those that involve Medicare or Medicaid as these are insurance programs that are funded by the government. The FBI can also get involved with cases, especially those that occur in multiple states. While there are cases that can be tried in civil court, a vast majority of Medicare fraud cases are handled in criminal court, which is why it’s important to seek the best representation possible in order to avoid penalties that could result in losing your medical license or going to prison.
Criminal charges should be handled as soon as possible due to the penalties being the most severe. After investigators get involved with medicare fraud accusations, they can request almost any document from your office including bank account records and electronics that might have information on them associated with the allegations. At times, agents can raid an office or the home of medical professionals to look for evidence associated with the charges. Keep in mind that agents need to have a search warrant when entering your home. If they don’t, then this is an issue that you can bring up to your attorney as a possible defense in court. Your rights include a fair trial and a jury trial of your peers so that there is a fair decision made after any evidence is presented in court. In the event that you are convicted of Medicare fraud, you could be sentenced to spend up to 10 years in prison or pay significant fines. If there is more than one count against you, then each one could carry a separate sentence, which would mean that you could spend more than 10 years in prison. You could also have your medical license suspended.
If a civil case is brought against you, an attorney can provide assistance by gathering details about payments that have been made and how much you might need to pay in retribution. These amounts are often presented to the court along with those that are calculated by the prosecution. The court will then look at all of the records and the details that have been submitted to determine how much money you might have to pay during the civil case. Keep in mind that a civil case can take place in conjunction with a criminal case.
Medicare fraud tends to stem from records that haven’t been properly maintained or employees who have not recorded information in the correct manner. It could also occur because the office billed for services or treatments that weren’t provided in order to get more money from Medicare. Mistakes can also be made regarding Medicare billing. These issues will be taken into consideration by the court when making a decision regarding sentencing.
Your attorney should begin working on your case as soon as you make contact with the office. It’s important to give your attorney as much information as possible so that it can be discussed with the court as these details can sometimes mean a reduced sentence. Your attorney can sometimes enter a plea agreement with the prosecution that can result in a lesser sentence as well. If there is enough evidence to cast doubt over your charges, then your case could be dismissed altogether, which would mean that there would be no sentence delivered by the court.
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