Avoiding Criminal Charges in Medicaid Fraud Investigations

Medicaid fraud investigations are like a cancer.  Early detection and response by an experienced professional can greatly increase your chances of survival.

The Medicaid fraud investigators will decide whether or not to refer your case for criminal prosecution.  The consequences of that decision are serious.  A criminal prosecution may result in heavy fines, a criminal record, a prison sentence, loss of professional licenses and, if you are not a U.S. citizen, deportation.

You do not want the investigators to make that decision without first considering the evidence in your favor.

The first step is to retain an experienced Medicaid fraud lawyer who is intimately familiar with these types of investigations.  By discussing your case with the investigators early in the process, your lawyer can find out what is bothering them, how strong their case is, and where the weaknesses in their case are.  

In some cases, your lawyer may be able to provide information that helps the investigators decide not to charge you with a crime.  In every case, getting information from the investigators early in the process helps you develop your defenses.

Investigators have the most flexibility early in the process, before a final decision is made.  They may decide to drop the investigation based on evidence you provide through your lawyer.  Or they may agree to settle the case by having you pay back money.  Or they may enter into a cooperation agreement with you if you have evidence against other people they are investigating.  Or they may decide to charge only minor crimes, instead of major felonies.

Many of these options disappear, however, once the investigators refer your case for criminal prosecution.  At that point, the prosecutor will usually insist on some form of guilty plea and much higher financial penalties.

Simply put, acting quickly to address a Medicaid fraud investigation is your best, and possibly your last, chance of avoiding a criminal record.

To schedule a free and confidential consultation with an experienced Medicaid fraud attorney, call The Howley Law Firm today at (212) 601-2728.