What Happens When Health Care Providers Are Investigated By The Government On Health Care Fraud?

February 2, 2012

Over the years, there has been increasing government investigations on provider’s fraudulent activities. Under the False Claim Act, a provider who knowingly and intentionally submits false reimbursement claims to Medicaid or Medicare, government sponsored programs, is a red flag to launch a state and federal investigation. Those who violate the False Claims Act will potentially [...]

Read the full article →

Can A Statement Of a Co-conspirator Be Admitted Against A Defendant In A Federal Case In New York If The Statement Was Made Before The Defendant Joined Conspiracy?

January 23, 2012

The short answer is yes. One of the principles of federal conspiracy is that you can be held accountable for conduct of others even if you personally did not do what they did. The Supreme Court ruled  decades ago, followed by a practically all circuit courts that if a coconspirator makes a incriminating statement and [...]

Read the full article →

Is The Federal Government Allowed To Arrest A Grand Jury Witness?

January 6, 2012

The short answer is yes. In certain situations federal prosecutors may have a potential grand jury witness arrested to secure his or her testimony or deposition. Under 18 USC Section 3144, the government can arrest a person whose testimony is material in a criminal proceeding, including grand jury investigations. In order to arrest a material [...]

Read the full article →

What Is The Criminal Penalty For Using Someone Else’s Credit Card?

January 3, 2012

The use of a stolen or misplaced credit card is credit card fraud and may be prosecuted under federal identity theft and fraud statutes.  Credit card fraud committed by stolen credit card usually entails making large purchases before the credit card holder is aware that the card is missing. In recent times, credit card fraud [...]

Read the full article →

How Can Pain Management Doctors Avoid Harassment From The Government?

January 3, 2012

Any doctor that deals with pain management will inevitable invite scrutiny from the government.  Recent initiatives against drug diversion, particularly against pain medication abuse and methamphetamines production are the reason for this scrutiny.  Keeping accurate records, adhering to a strong standard of professional ethics and proper disposal of prescription drugs and other controlled substances are [...]

Read the full article →

What Sentence Will I Face For Committing A Federal Computer Crime?

December 30, 2011

According to the provisions of the Computer Fraud and Abuse Act (CFAA), there are several criteria taken into consideration that qualify the sentence.  This includes financial losses, risk of injury, damage to computers used from justice, defense or security and threat to public health. The presence of any of these factors will increase the severity [...]

Read the full article →

How Are New York Health Care Providers Investigated By The Office Of Inspector General For Health Care Fraud?

December 30, 2011

Health Care Fraud is a crime in which health providers knowingly and intentionally submit false and misleading information to government programs, such as Medicare and Medicaid, for reimbursements. In New York, fraudulent providers may be charged with a misdemeanor or felony for Health Care Fraud. The Office of Inspector General (OIG) of the U.S. Department [...]

Read the full article →

How Will The Government Prosecute Me For Misappropriating A Trade Secret In New York?

December 29, 2011

Intent is the most important factor in a trade secret prosecution case. The federal government will need to prove two things when prosecuting any individual under the Economic Espionage Act (EEA); that the misappropriation was for the enrichment of someone other than the owner of the secret and that the defendant did so with the [...]

Read the full article →

What Is The Electronic Communications Privacy Act (ECPA) Of 1986?

December 29, 2011

The Electronic Communications Privacy Act (ECPA) of 1986 is a federal law that protects the transmission of electronic information.  This includes communications that are stored on computers.  There are three important Titles in this Act that deal with the transmission, storage and recording of sensitive electronic information. Title I – this section of the ECPA [...]

Read the full article →

What Insurance Fraud Cases Are Prosecuted In New York?

December 25, 2011

Most insurance fraud crimes in New York are prosecuted in state courts. However, there is a growing number of insurance fraud case that are being prosecuted in federal courts as well. One if the most common insurance fraud scheme involves arson, when property owners burn down their property in order to collect money from their [...]

Read the full article →

← Previous Entries

Next Entries →