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Health
Care (Medicare & Medicaid) Fraud
Medicare fraud and Medicaid fraud have cost the federal
government billions of dollars. They want revenge. In 2007, the feds
uncovered more than a half-billion dollars in fraudulent claims in
South Florida alone.
There are many different ways companies and individuals can bill
Medicare and Medicaid. Knowing and intentional deception or
misrepresentation, which results in some unauthorized medical
payment or benefit to a person, entity, or to a third party, can
result in charges of Health Care Fraud.
One example of medicare health care fraud is billing for services
not rendered. One common act is billing for durable medical
equipment (commonly called "DME") that was never bought, rented, or
delivered. Durable medical equipment includes things like:
wheelchairs, walkers, respirators and motorized scooters. back
braces, canes, electric beds and shower-transfer tubs.
Some doctors bill for procedures they never performed. Sometimes
there are false billing records made in order to support the
fraudulent bills. Other examples of health care fraud include
kickbacks, infusion therapy and fraudulent cost reports.
In Miami, Florida, the Feds have a new Medicare Fraud Strike
Force. The Feds are arresting and charging people left and right for
Medicare fraud. Typically, the Feds will also charge conspiracy to
defraud the Medicare program, criminal false claims, and violations
of the anti-kickback statutes.
Check
Fraud
Writing a check on a closed account, or where there are
insufficient funds to cover the check, forging a check, altering a
check, or counterfeiting a check, can result in Check Fraud charges.
Credit Card Fraud
Using a credit card attached to a closed account, or that has
been lost, or stolen, in order to purchase anything of value, can
result in being charged with Credit Card Fraud. Credit Card Fraud
charges may result from crimes such as, counterfeiting credit cards,
using lost or stolen cards, and fraudulently acquiring credit cards
through the mail. Another form of Credit Card Fraud is
misappropriation, the crime of using a credit card number by itself
to make purchases. Credit Card Fraud crimes are investigated and
prosecuted primarily by the U.S. Secret Service. However, other
state and federal agencies may pursue Credit Card Fraud cases.
Credit Card Fraud crimes, and penalties are explained by Title
18, 1029 of the U.S. Code, which more broadly addresses the category
of Fraud and Related Activities in Connection With Access Devices.
An access device is a mechanism which allows access to account
funds. Examples of access points may include devices such as, credit
cards themselves to telecommunications equipment to PIN codes to
counterfeit cards. Most credit card fraud today takes place through
the computer and internet.
Disaster Fraud
Following any natural disaster, or catastrophe, any activity
which is designed to defraud citizens or the government, can result
in charges of Disaster Fraud.
Embezzlement
Embezzlement is the fraudulent appropriation of property or money
entrusted to a person's care but owned by someone else, to his or
her own use. For example, a clerk or cashier can embezzle money from
his or her employer; a civil servant can embezzle funds from the
treasury. The Federal Bureau of Investigation (FBI) defines
embezzlement as the "misappropriation or misapplication of money or
property entrusted to one's care, custody or control."
Identity Theft
Identity theft is growing rapidly. I get calls just about every
week for identity theft. It is a federal crime, pursuant to the
Identity Theft and Assumption Deterrence Act of 1998, to knowingly
transfer or use the identifying documentation of another person
without legal authority, and with the intent to commit, aid, or abet
unlawful criminal activity.
Insurance Fraud
Making an insurance claim or increasing the amount of a claim by
deceptive statements or misrepresentations regarding the nature of
the loss can result in charges of insurance fraud. Insurance fraud
is a form of theft by deception.
Money
Laundering
Filtering dirty money, or the proceeds from illegal activities,
through a series of transactions until the funds appear to be
proceeds from legal activities, is illegal and can result in charges
of Money Laundering.
Securities Fraud
Any manipulative or deceptive activities which affect the
purchase or sale of a securities, usually including the
misrepresentation or omission of material information is Securities
Fraud and can result in serious criminal charges. The Securities Act
of 1933 and the Securities Exchange Act of 1934 are two laws which
seek to counter this type of criminal activity in order to protect
investors.
Telemarketing Fraud
Any scheme designed to obtain money or property from victims
using dishonesty, and deceptive behavior using telemarketing, is
telemarketing fraud, and can result in criminal charges.
Bankruptcy Fraud
Concealment and misrepresentation of assets as part of bankruptcy
proceedings can constitute bankruptcy fraud. Bankruptcy statutes can
be used in the prosecution of both individuals and organizations.
Title 11 of the U.S. Code addresses bankruptcy fraud, and criminal
sanctions for bankruptcy fraud are located in Title 18 of the U.S.
Code, 152 and 157.
The Internal Revenue Services Criminal Investigation Bankruptcy
Fraud Program is the government agency charged with investigating
Bankruptcy Fraud Cases. Following investigation by the IRS, cases
are referred to the Department of Justice for prosecution. In 2006,
the average sentence for those convicted of bankruptcy fraud was 29
months in either federal prison or some other form of detention.
Those convicted of bankruptcy fraud face fines, imprisonment of no
more than five years, or both.
Business Fraud and Theft
Where an employee commits a theft against his/her employer, and
that the employee attempted to conceal the theft and used the assets
for personal gain, business fraud charges may result. Business fraud
and theft sanctions are addressed in 18 U.S.C. 641-649.
Internet Fraud
Internet fraud is any fraud scheme using the internet to present
fraudulent solicitations to prospective victims, to conduct
fraudulent transactions, or to transmit the proceeds of fraud to
financial institutions or to others organizations or individual
connected to the scheme.
Counterfeiting
Counterfeiting involves the creation of forged (fake) versions of
bills, checks, bonds, or other valuable documents. In order to be
guilty of counterfeiting, a person must have intent to deceive or
defraud. Many crimes may be categorized as counterfeiting.
Possession of paper closely resembling the paper used by the
Treasury to print money may result in being charged with a Class B
Felony. Regulations regarding forgery crimes such as forging
military discharges (498) and changing the VIN on your car (512) are
addressed by Title 18 of the U.S. Code, Chapter 25.
The investigation and enforcement of counterfeiting of U.S.
obligations and securities is under the direct jurisdiction of the
U.S. Secret Service. The Secret Service Financial Crimes Division
may also investigate forgery of government bonds, checks, and other
bank fraud.
Individuals may be accused of counterfeiting without even knowing
that the currency or other instrument in their possession was
forged. A person arrested under these circumstances may face
charges, including conspiracy. A board certified criminal defense
attorney may be able to limit the charges, mitigate the sentence,
and provide the best opportunity to get charges dropped.
If you need a board certified Federal fraud white collar crime
lawyer, call me.
Contact Grey Tesh
Federal medicare medicaid fraud lawyer
Fraud white collar criminal attorney
As a Medicare fraud lawyer, I represent
clients charged with serious federal medicare fraud crimes in
Federal Criminal Courts in Miami, Fort Lauderdale, West Palm Beach,
Fort Pierce, Stuart, Martin County, Port St. Lucie, Vero Beach,
Jacksonville, Tampa, Orlando, Tallahassee, and all federal courts
throughout the United States of America.
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collar federal appeals. If convicted of fraud or a white collar
crime, you have only ten (10) business days in Federal Court, as
opposed to thirty (30) days in Florida, to file a notice of appeal.
If you want to appeal a fraud conviction, you must
contact a Federal
fraud criminal appeals attorney immediately as time is of the
essence.
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