New York Healthcare Fraud Attorneys
New York Healthcare Fraud Lawyer Dr. Nick Oberheiden
New York Healthcare Defense
Team Lead
Contact NickTimes are tough for New York physicians and medical business owners. Reports about government investigations, FBI and DEA raids, and arrests of good people are in the news daily. Over the last few months, dozens of New York physicians and healthcare business owners experienced what it means to be the target of a government investigation. In all parts of New York, clients have engaged New York healthcare fraud defense attorney Dr. Nick Oberheiden to fight unjust charges, to defend their medical licenses, and to protect their freedom in health care fraud cases.
Licensed in all state and federal courts of New York, Dr. Oberheiden has successfully avoided criminal charges for his clients in hundreds of DEA, OIG, and FBI healthcare fraud cases. These are the types of cases he has had:
- DEA Diversion Cases
- Opioid & Controlled Substances Act
- FBI and OIG Medicare Fraud Cases
- Whistleblower Defense (“Qui Tam”)
- Criminal Kickback Investigations
- Medicare Fraud Audits (ZPIC)
- Medicaid Fraud (Including Dental Fraud)
- Stark Law (Physician Self-Referral Law)
A significant number of health care fraud investigations in New York City and the state involve prosecutors and agents from the Medicaid Fraud Control Unit (MFCU), the Attorney General of New York, the DEA, the Medicare Fraud Strike Force, and agents from the Department of Health and Human Services (HHS-OIG). Our New York healthcare fraud lawyers regularly represents clients in investigations by the:
- Drug Enforcement Administration (DEA)
- Office of Inspector General (OIG)
- Federal Bureau of Investigation (FBI)
- New York Medicaid Fraud Control Units (MFCUs)
- U.S. Attorney’s Office in Manhattan, Brooklyn, and throughout New York (USAO)
- Department of Justice (DOJ)
Featured by media stations across New York, attorney Dr. Nick Oberheiden dedicates his entire practice to the defense of physicians and healthcare businesses. The firm has more than a thousand healthcare fraud investigations handled. The team includes high-ranking ex-Justice Department trial attorneys and senior health fraud prosecutors. Oberheiden, P.C. offers clients in New York true experience and unparalleled case outcomes.
Why Do Physicians in New York Trust Dr. Nick Oberheiden, Esq.?
Many lawyers deliver speeches, but Dr. Oberheiden delivers results. He successfully defends physicians and health providers against accusations of Medicare fraud, alleged Medicaid fraud, and allegations of professional misconduct. His record in healthcare investigations and as a Medicaid fraud lawyer is hard to beat. He has helped clients avoid criminal charges, such as billing medically unnecessary services, in hundreds of federal investigations across the country, including New York. Anyone unjustly accused of a healthcare fraud offense should call Oberheiden, P.C., right away. Make sure your case gets the same results with no civil, or criminal liability.
When your practice is under investigation, contact experienced New York healthcare fraud attorneys with a proven record with health care fraud laws. The difference between prosecution and no charges rests on the experience of hundreds of cases handled.
What Are Some Recent Case Outcomes Nick Oberheiden Obtained for His Clients in Healthcare Fraud Cases?
Nick Oberheiden is a true New York health care fraud defense attorney, and his results demonstrate his skillset. Last month alone, for example:
- (1) Dr. Oberheiden avoided federal indictments for four physicians (including doctors from New York) in unrelated investigations. All 4 physicians were under federal criminal investigation for allegedly receiving illegal kickbacks. His approach allowed all of his physician clients to exit the investigation with no civil and no criminal liability. Plus, no complaint or report went to their professional licensing board.
- (2) Nick convinced a federal judge to dismiss a complaint against his client in the matter of United States v. T.B…. This was a complex whistleblower case that alleged substantial health fraud and violations of the federal False Claims Act, the Controlled Substances Act, and other federal healthcare fraud statutes. Notably, Nick’s client was the only defendant dismissed from the case. Originally, the client contacted and engaged Nick with uncertainty and fear. Thanks to Nick, the client exited the case with no civil and no criminal liability.
- (3) Nick and his team convinced the DEA not to move forward against their client, a New York family practitioner, for alleged violations of the Controlled Substances Act. In response to the federal subpoena, Nick and his team contacted the agents in charge. They were able to work out a resolution that had no criminal charges against the doctor. A favorable deal was reached and the physician continues to practice and see patients.
- (4) Call Nick to discuss more examples of fraudulent claims cases and your situation.
Important Questions Regarding Healthcare Fraud Investigations in New York
Healthcare fraud is when medical providers give false information or leave out relevant information with the intent to defraud or get money from a health insurance company. Changing rules and aggressive enforcement activity will teach you quickly it’s not the area of law for inexperience. New York physicians and business owners need to know that there are no second chances when it comes to avoiding civil liability, or criminal prosecution. The following questions represent a selection of FAQs that our clients in New York have. Of course, Nick Oberheiden will be available to address these and any other questions you may have in a free and confidential phone conference. Call our New York healthcare fraud defense lawyers today and get answers to your questions!
Q: What Is the Biggest Mistake I Can Make in a Health Care Fraud Investigation?
The number one mistake you can make in a health care fraud investigation is to understate the power and resources of government investigators. If you are under investigation for health care fraud or if you have reason to believe that you might be:
- (1) Don’t hesitate to call a qualified health care fraud defense attorney immediately;
- (2) Don’t think you can handle it yourself;
- (3) Don’t think just any lawyer will outsmart a seasoned health care fraud FBI agent.
Health care fraud investigations are different from most other cases. They require a knowledge of the underlying statutes as well as superb litigation and negotiation skills. Any mistake can lead to devastating outcomes. This is the case even if you think you are innocent, and have nothing to hide. The government will try to find a way to entangle you in their case. To be blunt, the best physician and the smartest businessman are not necessarily the best New York healthcare fraud attorney. Think about what’s on the line. Your best option is to call a New York healthcare fraud lawyer from Oberheiden, P.C., right away.
Q: Should I Cooperate with Federal Agents?
Absolutely not. Even with nothing to hide, there is zero benefit in engaging with federal agents on your own. What most don’t know is that speaking to a federal agent is the same as testifying in federal court. A long prison term may await those lying, misrepresenting, or withholding information when talking to a federal agent. Federal agents are required to protocol every interview and encounter. A statement you make in a moment of surprise with agents in front of you can’t be undone, nor corrected. The better approach is getting the agent’s business card. Then having an attorney establish what the investigation is about, and what your exposure may be. All before talking to the government.
Q: Who Are Nick’s Clients?
Clients come from all sectors of the healthcare industry. The firm has represented many hundreds of physicians, dentists, mental health providers, and business owners. Many clients approach Nick Oberheiden in times of crisis when everything is on the line. Nick does not judge; he helps. No matter the situation, he will find a strategically effective solution. Nick Oberheiden has substantial experience with international clients. He has defended many good people from across the United States and the world including:
- Nigeria,
- Vietnam,
- Russia,
- Ukraine,
- South America, and
- most parts of the Middle East.
Everyone is welcome and everyone will get his full commitment.
Q: How Does the Government Gather ‘Evidence’ in Healthcare Cases?
Evidence in health care fraud cases can come from subpoenaed records, or information seized in a search warrant. Federal agents are known to gather information by interviewing former employees, or, even contacting targets of the investigation. Based on the nature of the case, evidence could come from these written records, statements made during interviews, or both. If you experience either of these approaches, or you receive notice that federal agents are trying to interview you or any of your staff, contact Oberheiden, P.C. right away to delay the government’s case.
Q: Will Junior Lawyers Touch My Case?
Absolutely not. Nick Oberheiden will not delegate your health care fraud case to junior lawyers, paralegals, or secretaries. Unlike most firms, we believe that nothing replaces experience and confidence gained in prior successful case outcomes. If you trust Dr. Oberheiden with your business or your license, you deserve the best New York healthcare fraud lawyers in our firm to fight for you.
Q: Should I Disclose Billing Errors to CMS and Medicare?
New York Medicare providers are able to disclose billing problems and mistakes to CMS. However, from our experience, such disclosure is rarely in the best interest of our clients. First, the disclosure process is fairly complex. Second, the government can utilize your information to refer you for criminal prosecution. Finally, the self-disclosure process is not open if an investigation against you has already started. If you have questions about the self-disclosure process, or you have recently discovered some Medicare billing issues, you should speak to attorney Nick Oberheiden. He has successfully guided clients through the CMS self-disclosure process. He understands when disclosure is a good option and when to choose a different strategy. Again, nothing replaces experience.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Call Today for a Free Case Assessment from Former DOJ-Prosecutors
Oberheiden, P.C. is a federal healthcare fraud and criminal defense law firm. Our New York healthcare fraud attorneys have a substantial record of over 2,000 resolved healthcare fraud investigations with no criminal charges filed.
Oberheiden, P.C. will dedicate all resources to your success. Call us today to discuss your situation or concerns in a free and confidential consultation, including on weekends.
Speak to Skilled New York Healthcare Fraud Lawyer Nick Oberheiden Today: Free & Confidential
Successful case resolutions mean you keep your license, and you aren’t charged with a crime. This is never accomplished by being passive or simply defending a case. If you call our New York healthcare fraud defense lawyer Nick Oberheiden today, he will show you how a proactive defense approach is the only way to go in healthcare fraud cases. Contact him today and discuss your matter directly in a free and confidential consultation.
