Physicians are often charged with drug trafficking for prescribing controlled substances without a legitimate medical need. In some states, actual intent is required, and in others only a violation of one or more state or federal administrative or statutory guidelines is required. Our criminal defense attorneys represent doctors accused of drug trafficking with cases brought by the Attorney General’s Office and County Prosecutor’s Office throughout Florida and Michigan and the Department of Justice (DOJ) (regardless of State). Some of our clients accused of drug trafficking include: pain management doctors, pain management clinics, pharmacies, clinics licensed to distribute, and chiropractors, to name a few.
Health Care Fraud
Health Care Fraud includes Medicare fraud, Medicaid Fraud, false invoicing, billing for services not provided, billing unbundled services, etc. We represent clients with health care fraud audits, DEA investigations, clients who have been raided or the subject of an administrative search, and clients who receive criminal charges or indictments. Our criminal defense attorneys also handle Medicare fraud, Medicaid fraud and healthcare fraud cases brought by the DOJ, CMS, DEA, DOJ, H&HS OIG, State Attorney General, and local authorities.
RICO is a Conspiracy between two or more people working together to perform a legal act by illegal means or an illegal act. Often RICO charges against physicians are related to additional charges of drug trafficking, health care fraud and money laundering. Our experienced criminal defense attorneys are well qualified to defend you if you are charged or indicted with a state or federal RICO offense.
We represent physicians and other healthcare providers during DEA healthcare fraud investigations. These include investigations for drug diversion, drug trafficking, medicare fraud and Medicaid fraud brought against a physicians, clinics and pharmacies by the DEA.
Kickbacks include receiving money or inducements with the intent to influence the purchase or sale of healthcare related goods or services. Our crminal defense attiorneys represent physicians, pharmacists, and other healthcare providers charged with illegally obtaining kickbacks for medical services. See anti-kickbacks Florida, or anti-kickbacks Michigan
Violation of the Federal and State false claims act occurs when a healthcare provider files a claim for goods or services not provided. This also includes cloning records, using “shrills”, paying patients, unbundling, upcoding, waiving co-pays and deductibles and over-billing the payor, charging for named brand drugs and dispensing generic drugs, etc.
The Physician Self-Referral Law, often called the Stark Law, prohibits a physician from making a referral for certain designated health services to an entity in which the physician (or member of his or her immediate family) has an ownership or investment interest, or with which he or she has a compensation arrangement, unless an exception applies.