18 U.S.C. 1347, 42 U.S.C. §1320a–7b
When a criminal attorney defends someone accused of health care fraud in Miami or Fort Lauderdale involves a lot of work and progresses in a number of stages. Before we delve further, it is important to realize that everyone’s case is different, even though the charge may be the same. Strategies used in one health care fraud case may not be appropriate in a different health care fraud case.
STEP 1: Interview the Client
Health Care Fraud – Medicare Fraud in Miami or Fort Lauderdale
The first step a criminal attorney must take when handling a health care fraud case is to interview the client. During this phase, it is necessary for the client and attorney to have an open and complete conversation about the facts of the case. As smart as a criminal attorney may be and as much as he/she may know about health care fraud cases, nobody knows their situation better than the client. If the client has already been indicted, it is necessary to review the indictment with the client and go over the specific offenses being charged as well as the underlying facts that alleged health care fraud.
The client will help enlighten the criminal attorney about the facts of the case, who is involved, the structure and hierarchy of any organization involved, such as a clinic or medical practice.
This information is very important and will provide the criminal attorney with a base of information about the specific health care fraud case at hand.
STEP 2: Initiate Case Investigation and Review Discovery
Health Care Fraud – Medicare Fraud in Miami or Fort Lauderdale
Depending on the nature and magnitude of the case, it may be necessary to hire a private investigator. As is the situation in any case, a criminal attorney has the right to investigate. This may include interviewing witnesses, identifying documents that shed light on what may or may not have happened in the case, as well as obtaining a copy of the prosecution’s paperwork.
This latter part – the prosecution’s paperwork – is called “discovery.”
Pursuant to Rule 16 of the Federal Rules of Criminal Procedure, a criminal attorney has the right to inspect, on behalf of his/her client, the following items from the prosecution:
- Any oral statements made by the defendant,
- Any written or recorded statements made by the defendant,
- A copy of the defendant’s criminal record,
- All books, papers, documents, data, photographs, tangible objects, buildings or places, that the prosecution intends to use at trial or is material to preparing the defense,
- Reports relating to any physical, mental, or scientific testing,
- A list of expert witnesses, their reports, opinion, and credentials.
When it comes to health care fraud, the prosecution must disclose any bank statements, copies of billing forms sent to Medicare, medical records, witness statements, police reports, electronic evidence obtained from computers, recorded conversations obtained from wire taps, and emails.
The discovery submission provided in a health care fraud case can be thousands and thousands of pages and take a lot of time for your criminal attorney to analyze. When a criminal attorney analyzes discovery in a health care fraud case, he/she is looking for some very specific things.
In the coming section we will continue our discussion of discovery and case investigation in a health care fraud case as well as discuss the steps that follow.