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Healthcare Fraud

Accused of Healthcare Fraud? You Need a Healthcare Fraud Defense Lawyer Now!

If you’re facing federal healthcare fraud charges, you don’t have a minute to spare. The consequences of a healthcare fraud conviction are serious – prison time, fines, and even license forfeiture – so it’s critical to have an experienced healthcare fraud defense attorney in your corner.

There are a number of federal laws that address healthcare fraud by providers. For example, the Stark Law prohibits physician self-referral and the False Claims Act (FCA) assigns liability to those who defraud federal programs. The Anti-Kickback Statute (42 U.S.C. Section 1320a) prohibits paying or receiving something of value to generate federal healthcare program business. But the most powerful weapon in a prosecutor’s arsenal is the healthcare fraud statute (18 U.S.C. Section 1347). This statute is used to prosecute healthcare providers in cases involving:

  • Medicare
  • Medicaid
  • Veteran’s benefits
  • TRICARE
  • Department of Labor benefits
  • Other benefit programs

Both the Stark Law and the FCA provide for civil penalties. Violating the Stark Law can mean refunding payments, paying a $15,000 penalty per service, and paying a civil penalty of up to three times the amount claimed. A violation of the FCA carries a penalty of three times the government’s damages, along with a financial penalty that is tied to inflation.

But the Anti-Kickback Statute and the healthcare fraud statute carry criminal penalties that can end life as you know it. A conviction for violating the Anti-Kickback Statute can result in a sentence of up to ten years in prison and a fine of up to $100,000.

A conviction for violating the federal healthcare fraud statute requires the U.S. Attorney to prove that you willfully attempted to defraud or defrauded a federal healthcare benefit program, or that you fraudulently received payment for federal healthcare benefits. A conviction can lead to up to ten years in prison and a fine. If the violation results in serious bodily injury, then the prison term can increase to 20 years.

If you’re under investigation for or have been charged with healthcare fraud, your first call should be to Alan Spears, a skilled healthcare fraud defense attorney. With five decades of experience, he understands the nuances of the law and will work tirelessly to achieve the best possible outcome for your case.

If your case is in the investigatory phase, Alan Spears may be able to prevent formal charges being filed. If you have already been charged, he will fight to protect your rights and your freedom. For example, he may argue that:

  • The so-called fraud was simply a mistake
  • You had no intention to seek financial gain
  • You had no plan to defraud the government

You cannot afford a healthcare fraud conviction on your record. You do not want to spend time in prison. Healthcare fraud defense attorney Alan Spears will work to ensure that neither happens. The clock is ticking.

Call criminal defense attorney Alan Spears immediately at 951-400-4574 for a free consultation.

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