Health Care Fraud Appeals Attorney

Healthcare Fraud and How to Appeal

Health care fraud is an extremely complicated area of law. Our team of health care fraud appeals attorneys has extensive experience handling criminal health care fraud cases, including false claims, kickbacks, fee-splitting, patient brokering, stark, and others. Our team of attorneys defends providers and suppliers nationwide. Our clients include physicians, pharmacists, home health agencies, compound pharmacies, urgent care centers, and behavioral health facilities who have been accused of health care fraud. In addition, our health care fraud appeals attorneys handle appeals of wrongful health care fraud convictions.

Health care fraud may include any of the following:
      • 18 U.S.C. § 1347 – The Federal Health Care Fraud Statute
      • 18 U.S.C. § 1349 – Attempt and Conspiracy
      • 18 U.S.C. § 1341 – Mail Fraud
      • 18 U.S.C. § 1343 – Wire Fraud
      • 42 U.S.C. § 1320a-7b – Anti-Kickback
      • 41 U.S.C. § 3729 – False Claims Act

The Federal Healthcare Fraud Statute is a “catch-all” provision used by the government to encompass virtually any type of health care fraud, including those listed above. The statute specifically states that anyone who “knowingly and willfully executes or attempts to execute a scheme to defraud any health care benefit program or obtain by means of false pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any health care benefit program” is guilty of fraud and subject to imprisonment.

The penalties for a conviction for the offenses listed above can be devastating, including both imprisonment and monetary penalties or sanctions. The consequences of a healthcare fraud conviction will impact the rest of your personal and professional life. If you have been wrongly convicted of healthcare fraud you need a team of experienced appellate attorneys by your side.

How Long Do I Have To Appeal?

In order to appeal your conviction, you must act quickly. Under federal law, you have only 14 days to file notice an appeal after the entry of the judgment. There are a lot of decisions that must be made prior to filing an appeal, so it is important to contact your appellate attorney as soon as possible.

On What Grounds Can I Appeal?

Generally, there are four common grounds for which individuals convicted of healthcare fraud can seek to appeal their health care fraud conviction:

      • “Plain error” meaning the judge made a serious error in applying the law to the facts of your case at trial.
      • The weight of the evidence does not support the verdict against you.
      • The judge abused his or her discretion during your trial.
      • You received ineffective assistance of counsel.
      • An incorrect legal ruling by the judge.
      • Prosecutorial misconduct.
      • Improper calculation of forfeiture and restitution (this commonly occurs).

The basis for an appeal is a very fact-heavy and nuanced legal determination that your appellate attorneys can assist you with. The future of your personal and professional life may hinge on the outcome of your appeal.

Our Experience

Unlike most criminal defense attorneys, our health care fraud appellate attorneys are dedicated to representing health care providers and are knowledgeable in issues specifically related to healthcare fraud appeals. If you have been convicted of healthcare fraud and/or ordered to pay penalties, fines, or restitution, our team of healthcare fraud appellate attorneys will help you navigate the appeals process and assist you in challenging the outcome of your conviction.

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Other Practice Areas​

Health Care Fraud/
Criminal Defense

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