18 U.S.C. 1347, 42 U.S.C. §1320a–7b
When a criminal attorney reviews discovery in a health care fraud case, he/she is looking for a number of specific things. First, the criminal attorney needs to determine if the prosecutor has enough evidence to obtain a conviction at trial. Given the large number of people that can be involved in a health care fraud case, the evidence may be strong against some defendants and weaker against others.
Second, a criminal attorney analyzing your health care fraud case for any lack of evidence, any conflict in the evidence, or any exculpatory evidence. Such evidentiary problems may form the basis of a reasonable doubt that can later be used to either negotiate a favorable plea agreement or for use at trial.
Third, your criminal attorney is looking for information that he/she may use to conduct further case investigation. When a criminal attorney fights a health care fraud case, he/she needs to be on the lookout for any source of information that can help the client. Sometimes this can come in the form of witness testimony, documentary evidence, or from other sources.
STEP 3: Communicate with the Prosecutor
Health Care Fraud in Miami or Fort Lauderdale
Communication with opposing counsel is an extremely important part of any case. While we try to lay out the various steps to defending someone accused of health care fraud, it is important to realize that communication overlaps all the stages in many cases. Meaning, as soon as a criminal attorney has been retained in a health care fraud case and he/she has had a chance to interview the client, it is immediately necessary to contact the prosecution and let them know about the representation.
Part of a criminal attorney’s job includes being the client’s voice and representative. When a criminal attorney makes early contact with the prosecution, he/she is able to let them know who to contact if and when issues arise… and trust me they arise all the time.
Aside from opening a channel of communication, a criminal attorney will want to speak with a prosecutor about their perspective of the health care fraud case at hand. The following are issues that should be addressed:
- Who are the primary targets of the prosecution?
- What is the prosecution’s objective insofar as prison is concerned?
- Is substantial assistance a possibility?
- What is the prosecution’s overall theory of the case?
These and other questions will provide your criminal attorney with important information about the prosecution’s perspective on your health car fraud case. Understanding their perspective will provide your criminal attorney with a valuable insight into the case that he/she can use to help you.