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The U.S. Department of Justice (DOJ) is cracking down on healthcare fraud, and many providers are finding themselves facing serious allegations. This includes criminal allegations in many cases. If these allegations lead to a conviction, not only can providers face Medicare and Medicaid exclusion, recoupments, fines, and other financial penalties, but they can face federal imprisonment as well.
When federal prosecutors at the DOJ believe they have sufficient evidence to pursue criminal charges, their next step is usually to seek an indictment before a federal grand jury. While an indictment can ultimately lead to trial and the risk of conviction, there are several intermediate steps—and there are several opportunities for healthcare providers to seek favorable pre-trial resolutions.
“An indictment is not a conviction. There are many possible ways to defend against federal healthcare fraud charges following an indictment—including ways that can result in a favorable pre-trial outcome.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.
What Happens After a Federal Indictment in a Healthcare Fraud and Abuse Case
In the federal criminal justice system, the purpose of empaneling a grand jury is to determine whether prosecutors have sufficient evidence to pursue charges. The grand jury hears the prosecution’s […]