Chicago Healthcare Fraud Defense Attorneys

Once the indictment is unsealed and you are formally charged, you and any co-defendants will either be arrested by federal agents, or your attorney(s) will be notified of the need to “walk in” for arraignment.

This is one reason why it’s imperative to contact a Chicago healthcare fraud defense attorney who is familiar with the prosecutor. We may be able to prevent arrest on the indictment and request that you “walk in” for initial appearance without the embarrassment that an arrest from your home or work will cause.

This begins a series of stages in the adjudication process leading to the resolution of the case in one of three ways: trial, negotiation and acceptance of a plea offer, or a dismissal. Here are the general steps during the progression of a healthcare fraud case:

1. 1. Pre-Indictment Investigation: This is not just when the government investigates, but also when your defense attorney conducts an investigation and makes preparations to engage in pre-indictment negotiations. During this phase, you and your attorney have the best chance of convincing the government not to pursue a healthcare fraud case.
   2. Indictment: The unsealing of a federal indictment triggers federal criminal charges and the trial process. During this phase, the case will move very fast, which is why it is imperative to have a Chicago healthcare fraud defense lawyer on your team prior to indictment.
   3. Pre-Trial Services Interview: The pre-trial services division will interview you to determine whether you can be released on bond and, if so, under what conditions. Release on bond and conditions of bond can drastically change the landscape of the case, which is why you need your counsel present during the interview.
   4. Arraignment/Bond: The arraignment is the first court appearance, during which you are informed of the charges, by a federal magistrate, to determine how you will plead. The judge will then determine whether you can be released on bond and, if so, sets a bond amount. Most of our clients are released on bond and are not held in custody as the case is pending.
   5. Discovery Phase: Next, the discovery process begins as the government turns over the evidence it has gathered through its investigation. The discovery in a healthcare fraud case is usually quite voluminous, as it often contains lengthy documents such as patient records, billing data, financial statements, and pharmacy dispensing logs. A knowledgeable healthcare attorney can analyze the government’s evidence and understand the strengths and weaknesses, which helps in developing an overall case strategy and knowing the best step to take next. For instance, this could involve filing a motion due to the insufficiency or inadmissibility of the government’s evidence, or conducting an independent investigation to dispute the government’s findings.
   6. Motions Phase: This is when your counsel files pre-trial motions designed to narrow the case, restrict the government’s evidence, or dismiss one or all charges.
   7. Plea Negotiation: Only after reviewing the evidence, researching, filing, arguing, and receiving the judge’s ruling on any relevant motions, and engaging in a thorough conversation with our client about their case, is a plea offer considered. While plea negotiations with the prosecutor are ongoing throughout the pretrial stage, we do not rush a client to accept any offer deal the government might make without careful consideration. The ultimate decision over whether to proceed to trial or accept a plea offer is the client’s choice, but we at Chapman Law Group work to ensure your determination is based on facts and not fear of the trial courtroom.
   8. Pre-trial Hearing: The defense team, prosecution and judge will meet to make a final determination over whether the case will proceed to trial, or if a plea offer has been negotiated and accepted. If a plea offer has been formally rejected, the judge will not typically accept a negotiated plea after this hearing; however, you may still choose to plead guilty as charged on a later date, but without the agreed-to terms of a plea deal. At the pre-trial hearing, the parties will discuss any outstanding business that needs to be resolved before trial, such as the logistics of the trial.
   9. Trial: The trial is the stage when the government presents its evidence to the factfinder. The factfinder is either the jury, or, if the parties agree to a trial without the jury, the judge. It is the government’s job to prove each element of the charged offenses beyond a reasonable doubt. Our Chicago health care fraud defense attorneys will develop a strategy specific to your case, while drawing from our vast trial experience to rebut the government’s allegations. After both sides have presented their evidence, the jury or the judge makes a finding of guilty or not guilty on each charged offense. A healthcare fraud trial can last anywhere from a week to several months long.
   10. Sentencing: Sentencing will occur on a scheduled date after pleading guilty or being found guilty at trial.

If you believe you are going to be indicted for healthcare fraud or have been indicted, we strongly urge you to contact us today. Your Chicago Medicare fraud lawyer will explain the entire indictment and trial process so that you can be informed during what we know to be a troubling experience for you.