Federal grand juries are made up of citizens chosen by the courts. Grand juries sit for a more extended period and review several cases. Also, they have the power to issue subpoenas for files and testimonies by witnesses that are important in the evaluation of the case. The subpoenas are issued when the government makes the request, and the materials are then returned to the grand jury for further investigation.
There are two types of subpoenas from a grand jury. Subpoena duces tecum brings the need for delivery of tangible evidence to the jurors. Substantial evidence could be in the form of videos, bank records, pictures, test results, among others. The second category, subpoena ad testificandum, gives you directions to testify before the grand jury. Both types of subpoena require a response from the person who receives them.
Different government agencies collaborate to prosecute fraud in the healthcare industry. The target of federal healthcare subpoenas is entities or individuals that are suspected of illegally processing claims or providing services to federally funded patients. Lawyers are hired by clients to defend them against grand jury subpoenas from different healthcare industries. The healthcare industries are business owners, marketers, healthcare executives, compound pharmacies, toxicology laboratories, and DNA testing facilities, as well as hospice centers. It is vital to contact an attorney after receiving a grand jury subpoena or a target letter.
Ways of Reacting to a Grand Jury Subpoena in Healthcare Cases
You can react to a grand jury subpoena by either complying, challenging, or ignoring. It is mandatory to comply with a subpoena from a grand jury. Following your lawyer’s advice and complying with the demands of a subpoena may, at times, not be the best choice. It may not be the sole choice in situations in which it seeks incriminating information or information that you do not have. In such cases, your lawyer can challenge the subpoena.
Challenging a grand jury subpoena implies that your lawyer needs to file a motion to convince the court that the subpoena is not compliant to the rules and procedures. The court might restrict or reduce the range of the subpoena or declare it null and void.
It is dangerous to choose to ignore a federal grand jury subpoena in a healthcare case. In such a situation, the prosecutor can ask the court to hold you in civil contempt for not complying with the subpoena. The court might order jail time until after they are assured of compliance with the subpoena.
Reasons Why You Should Take Grand Jury Subpoenas Seriously
Grand jury subpoenas are important tools for federal prosecutors. The fact that they request fundamental documents and communication copies make them intrusive. Besides, they are the last step before a defendant is criminally indicted. In federal healthcare fraud or a conspiracy to commit healthcare fraud, the gravity of the offense plays a crucial role. Penalties for healthcare fraud include fines or incarceration of up to ten years or both.
Avoiding Criminal Charges
When you receive a federal subpoena, it does not mean that you will be indicted. In most cases, sophisticated and fast response to the subpoena can help in avoiding criminal charges. However, if you fail to respond or you provide a less sufficient response, a grand jury subpoena will lead to criminal charges.
Seeking the services of a healthcare case lawyer can help you avoid criminal charges in investigations of federal healthcare cases. The top priorities of the attorney in grand jury subpoena healthcare cases are avoiding criminal prosecutions, incarceration, and federal indictments.
Qualified and experienced attorneys in the healthcare cases can convince the government that the errors committed do not warrant criminal prosecution. This approach makes it possible to conclude grand jury investigations against physicians and healthcare executives without resorting to criminal prosecution. Seeking the services of an experienced attorney enables you to receive guidance and enhances your chances of resolving the issue out of court.
An attorney in a grand jury subpoena healthcare case can help you to assess the case, avoid criminal prosecution, maintain your operating license, and to avoid any criminal liability. Therefore, it is essential to seek legal advice immediately you realize that you are a target of an investigation of healthcare fraud.
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