Are There Defenses to Healthcare Fraud?

 Posted on February 14, 2020 in Fraud

A conviction for healthcare fraud comes with very serious consequences. A person faces very high fines, and possibly even long sentences in federal prison. As such, it is important that anyone facing these charges understands that there are defenses available, and a federal criminal defense lawyer will know how to use them. Below are just a few of the most common defenses that are often used in these cases, and that may be used in yours if you are facing charges.

What is Healthcare Fraud?

Healthcare fraud is a crime that typically involves a person or organization defrauding the federal government. There are many different types of healthcare fraud. A medical clinic may violate the Anti-Kickback statute by receiving money or other incentives for patient referrals. Or, a doctor may overcharge a Medicare invoice in order to receive more money than what was required for a certain service. These are just two types of healthcare fraud, but there are many others. No matter the charge, there are defenses that are very effective and can give those accused a good chance of beating the charges.

Defenses to Healthcare Fraud

Facing charges of healthcare fraud is very scary, and it certainly seems hopeless. It is not.

Sometimes, a person may not have intentionally committed healthcare fraud. They may have simply made a mistake on an invoice or made a coding error. Many cases of healthcare fraud require intent on the part of the accused. If there was no intent, there was no fraud. Certain evidence, such as a history of honest records and billing could show that there was no malicious intent to commit fraud.

In certain cases, the best defense is that the prosecution does not have sufficient evidence to convict a person of healthcare fraud. In federal court, just like in state court, the prosecution has the burden of proving that someone is guilty beyond a reasonable doubt. This means that there has to be very little question in the jurors’ minds that a person accused of fraud is actually guilty of the offense.

It is true that federal agencies have a lot of power when investigating cases of health care fraud. They may talk to witnesses that worked in a doctor’s office, and collect invoices they suspect are fraudulent. In some cases, they can even seize assets of the person accused. However, these measures do not always provide them with enough evidence to meet their heavy burden of guilt. When that is the case, it could result in the charges being dropped.

Facing Charges? Our Illinois Federal Criminal Defense Lawyer can Help

If you have been arrested for health care fraud, our skilled Chicago federal criminal defense lawyer knows what a scary situation it is. However, you do not have to go through it alone. We know how to prepare defenses against these charges and will give you the best chance of beating the charges. Call us today at 312-629-0669 to schedule your free consultation and to learn more about how we can help with your case.

Source:

https://www.govinfo.gov/app/details/USCODE-2010-title42/USCODE-2010-title42-chap7-subchapXI-partA-sec1320a-7b