Overview
Healthcare fraud is a serious criminal offense that involves the submission of false or misleading claims to healthcare programs, such as Medicare or Medicaid, for reimbursement or payment.
Healthcare fraud is often prosecuted federally. A Miami federal criminal defense lawyer can advise on defenses and sentencing. Contact our office for a free consultation.
Penalties for Healthcare Fraud
Federal healthcare fraud under 18 U.S.C. § 1347 carries up to 10 years (20 years if serious bodily injury results). Florida state healthcare fraud carries felony penalties. Restitution and exclusion from Medicare/Medicaid are common. In Miami, healthcare fraud is often prosecuted federally. A Miami federal criminal defense lawyer can advise on exposure.
Possible Defenses
Defenses may include lack of intent to defraud, reasonable reliance on billing practices or professional advice, insufficient evidence of fraudulent claims, or challenging the calculation of loss. Complex healthcare cases require counsel familiar with billing codes, medical records, and federal fraud statutes.
What the Prosecution Must Prove
The prosecution must prove beyond a reasonable doubt that you knowingly and willfully executed a scheme to defraud a healthcare benefit program, or to obtain money or property by means of false representations. Intent and knowledge are key elements.
Why Early Counsel Matters
Healthcare fraud investigations often involve subpoenas, audits, and interviews before charges. Early representation can help protect your rights and position the case before indictment. Professional licenses may be at risk—early counsel can advise on licensing implications.
What This May Involve
Charges related to healthcare fraud can involve various legal processes and procedures. These matters may include:
- Investigation by law enforcement agencies
- Review of evidence and documentation
- Legal proceedings in federal or state court
- Potential consequences that may vary based on specific circumstances
- Complex legal procedures and requirements
When to Speak With a Lawyer
If you are facing charges related to healthcare fraud, or if you believe you may be under investigation for such charges, it is important to consult with an attorney as soon as possible. Early legal representation can be important for understanding your rights, the charges you may face, and the legal process ahead.
An attorney can help you understand the specific laws and procedures that apply to your situation, advise you on how to respond to law enforcement inquiries, and work to protect your rights throughout the process.
The Law Offices of Paul D. Petruzzi, P.A. represent clients in federal and state criminal matters in Miami, Miami-Dade, Broward, and nationwide. If you face healthcare fraud charges in South Florida, a Miami criminal defense lawyer who handles these matters can help. We also have dedicated pages for Miami federal criminal defense lawyer in Miami-Dade and surrounding areas.
We handle investigations, bond hearings, trials, appeals, and post-conviction relief. For a free consultation, contact our office or call us. See our criminal defense and case results pages for more information.
Disclaimer: This page provides general information and does not create an attorney–client relationship. The information presented is not legal advice and should not be relied upon without consulting with a qualified attorney about your specific situation.
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