HEALTHCARE CRIMINAL DEFENSE

PRACTICE AREA CONTACT

 

Kristina Giyaur, Esq.
kgiyaur@mdrxlaw.com

CRIMINAL DEFENSE OF HEALTHCARE PROVIDERS

Throughout the country, and especially in New York City, healthcare providers such as doctors, nurses, dentists, and others have become a major target of state and federal government officials. Healthcare fraud has come under increasing scrutiny, and investigations of healthcare providers leading to serious fines, administrative penalties, disciplinary actions, and jail time are at an all-time peak. Authorities are targeting ordinary medical practices and specialists, Medicare and No-Fault facilities, health spas, medical equipment suppliers, drug researchers, laboratories, nursing homes, ambulance and ambulette companies, group homes, and even hospitals.

In the wake of the COVID-19 pandemic, healthcare providers are facing unprecedented challenges, with new legal complexities arising. Prosecutions related to COVID-19, such as allegations of fraudulent billing for pandemic-related services, misuse of relief funds, or other pandemic-related fraud, have added a layer of intricacy to healthcare investigations.

Simultaneously, healthcare providers also confront heightened scrutiny in cases involving controlled substances. Prosecutions related to the inappropriate prescribing, dispensing, or diversion of controlled substances, including opioids, are on the rise. Allegations of over-prescription, illegal distribution, or fraudulent practices in managing controlled substances have become a focal point for law enforcement agencies.

We understand the complexities of healthcare fraud prosecutions, the intricate tactics and maneuvers used by investigators, and how the government builds its case. State and federal law enforcement agencies aggressively scrutinize the operations of healthcare operators and professionals, leading to criminal charges being filed in state and federal courts. If you are under investigation, or charges have been filed, you need skilled, experienced healthcare fraud defense attorneys with a successful track record.

Members of our firm regularly represent individuals, including physicians, dentists, ancillary services providers such as acupuncturists, chiropractors, physical therapists, and podiatrists, as well as durable medical equipment suppliers, transportation providers, and medical office managers in criminal proceedings in the New York State and Federal Courts. Our attorneys have experience in various proceedings as they pertain to healthcare providers facing actual or potential healthcare fraud investigations, including Federal False Claims Act and Anti-Kickback Laws prosecutions, grand jury investigations, RICO actions, and others.

We are well-versed in various areas of applicable processes and issues that may be involved, including consensual surrender, undercover informants and search warrant issues, grand jury procedure, including motions to limit subpoena, as well as structuring plea agreements to minimize professional disciplinary and other serious consequences for healthcare professionals. In the context of COVID-19, our attorneys are attuned to the evolving legal landscape and can provide strategic defense against pandemic-related charges. Our lawyers zealously defend various medical professionals charged with criminal violations of the Federal Anti-Kickback Statute, Federal False Claims Act, and No-Fault or workers’ compensation fraud, as well as those facing charges of conspiracy, extortion, forgery, money-laundering, and mail fraud.

Members of our legal team are available seven days a week, 24 hours a day, to provide qualified legal counsel and aggressive defense—absolutely necessary for anyone facing an investigation or prosecution by the government, especially in the context of COVID-19-related criminal allegations.

WHAT WE OFFER
  • Agressive and effective representation of health care providers accused of criminal violations
  • Negotiation of various types of resolutions that minimize the impact on a provider’s ability to practice
  • Managing collateral consequences of a criminal matter upon a provider’s license and practice