Boston Healthcare Fraud Defense Attorney

Massachusetts Healthcare Fraud Definition

Have you been charged with healthcare fraud? If so, act fast to get a skilled attorney on your side. Depending on your circumstances a conviction for this offense could result in up to life in prison and substantial fines. As a federal offense, healthcare fraud is defined as engaging in a plan with the intent to defraud a healthcare benefit program.

Specifically, U.S. Code § 1347 states that a person engages in this prohibited conduct when they knowingly and willfully carry out a scheme:

To defraud a health care benefit program; or
To obtain money or property from a health care benefit program by using false pretenses or representations

The consequences can be long-lasting, and you could suffer the effects long after you have served your time. For instance, having a criminal record could ruin your reputation, make it difficult to get a job, present challenges when looking for housing, and disqualify you from government benefits.

For the aggressive defense you need to fight your charges, call our white collar criminal defense firm today at (617) 227-3700.

Healthcare Fraud Penalties in MA

The specific punishments you could face depend on the circumstances, but could include:

Up to 10 years in prison and/or a fine
Up to 20 years in prison and/or a fine if the fraud resulted in serious injury
Up to life in prison and/or a fine if the conduct resulted in death

For instance, a healthcare practitioner may be accused of this offense if they:

Obtain unneeded, covered prescriptions with the purpose of selling them for profit
Bill the health care programs for services they never provided
Claim a non-covered service as a covered one
Accept kickbacks for referrals
Prescribe unnecessary medical treatment

A beneficiary may be charged under U.S. Code § 1347 if they engage in behavior that includes, but is not limited to:

Falsifying information on claims forms
Selling their prescription medications
Using someone else's insurance card

Martin G. Weinberg, Attorney at Law Healthcare Legal Counsel

Regardless of how complex your case may seem or how much evidence you believe the prosecutor has, our lawyer at Martin G. Weinberg, Attorney at Law will be by your side, fighting to protect your rights and freedoms. When you're facing criminal charges, the prosecution must prove your guilt. With our over 40 years of legal experience, we know how to develop strong defense strategies to cast doubt on the accusations against you.

With the consequences of a healthcare fraud charge and conviction being so severe, it's crucial to have a Boston attorney on your side committed to standing up for you. At Martin G. Weinberg, Attorney at Law, that is the type of service we provide. Our lawyer has extensive experience arguing cases in federal courts and has in-depth knowledge of the system. We will skillfully guide you through the legal process from start to finish.

For representation from an attorney industry leaders turn to, call us at (617) 227-3700 or contact us online.

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Significant Cases

Charges Dismissed U.S. v. Moffett
The case is U.S. v. Moffett, case number 22-1075, in the U.S. Court of Appeals for the First Circuit.
Successful Challenge US v Warshak
631 F3d 266 CA 6 (2010): Successful challenge to the Department of Justice’s reliance on the Stored Communications Act to seize the content of emails in violation of the Fourth Amendment
Dismissed Charges US v Handa
892 F.3d 95 (1st Cir. 2018): Dismissal of bank and wire fraud charges against business owner on Speedy Trial grounds due to delay between indictment and his arrest returning to the US from India.
Reversal of Convictions US v Tavares
(1st Cir, Dec. 2016): 1st Circuit Court of Appeals reversal of RICO and mail fraud convictions in a public corruption case.
Reversal of Conviction US v Casellas-Toro
(1st Cir, 2015): Appellate reversal of a federal false statement conviction due to a "Rare application of the presumption of prejudice resulting from pervasive publicity from prior case”
Reversal of Conviction US v Vazquez-Rivera
665 F3d 351 CA 1 (2011): Reversal of child pornography conviction based on improper admission of opinion evidence from FBI agent which prejudiced defendant’s right to a fair trial.
Acquittal US v Bravo-Fernandez
18-1358 (1st Cir, 2019): First Circuit Court of Appeals reversed a conviction of a business executive for bribing a Puerto Rico Senator holding that the Government failed to meet each essential element of proof under 18 USC 666, and ordering the entry of a judgment of acquittal.
Reversal of Conviction US v Bravo Fernandez
(722 F3d 1, 1st Cir, 2013): Federal Court of Appeals reversed conviction of a leading businessman in Puerto Rico for federal programs bribery holding that gratuities cannot, legally, be the basis for such a conviction.
Acquittal US v DiMasi
Acquittal of Richard Vitale on federal honest services charges in corruption case involving former Massachusetts Speaker of the House Salvatore DiMasi
Acquittal US v Pappathanasi
Acquittal of defendant charged with conspiracy to evade taxes in violation of 18 U.S.C. § 371.

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