Healthcare fraud is the intentional deception or misrepresentation of healthcare transactions by a provider, employer group, or member for the sake of receiving an unauthorized benefit or financial gain. Individuals convicted of this crime face imprisonment and substantial fines.
Health care fraud can be perpetrated by a provider, such as a doctor or therapist, an insured member, or an employer.
What was once regarded as simple billing errors are now routinely pursued as fraud and abuse. As efforts to detect and prosecute healthcare fraud have grown more aggressive, the need for experienced defense counsel has become critical. The difference between a simple billing error, a civil False Claims Act prosecution and criminal indictment often depend upon your attorney's advocacy and representation.
Most civil healthcare fraud matters involve the False Claims Act (FCA), under which the federal government may bring civil enforcement actions and seek damages and penalties against providers who knew that false or fraudulent bills were submitted to Medicare, Medicaid, or other federal health programs.
In 1986, when Congress amended the FCA to address Medicaid and Medicare fraud the intention was for all providers to take responsibility for ensuring the accuracy of the bills they submit for reimbursement. The purpose of the law is to single out those providers who recklessly or with deliberate indifference allow fraudulent billing practices to occur or continue.
Overall, the FCA has powerful and far reaching effects. First, it has been the vehicle for recovering hundreds of millions of dollars of fraudulently obtained funds each year. Second, the statute encourages providers to take responsibility for the accuracy of their claims - because they may be liable under FCA if they are reckless or deliberately ignorant of wrongdoing by employees. Finally, the statute helps to deter providers from committing fraud, because of its damage and penalty provisions.
Joffe Law, PA
Miami Criminal Attorney
Representative case results include:
Latest Verdict: Trial attorney David Joffe is granted an acquittal for his client who was facing a mandatory life sentence if convicted in a federal drug importation case
As a result of masterful cross examination of six (6) key witnesses at trial, Mr. Joffe’s motion was granted to acquit his client of all charges in a federal drug importation case. The case involved 26 kilograms of cocaine and 5 kilograms of heroin. The Judge, a former prosecutor has not granted such a request in more than twenty (20) years of service on the bench. Mr. Joffe received positive written comments from more than twenty (20) peer attorneys.
David J. Joffe obtains not guilty jury verdict in federal drug case in forty (40) minutes after one (1) day trial. Client acquitted of 10 year mandatory jail sentence.
Defendant was convicted of two counts. The law firm again represented defendant on the direct appeal to the United States Court of Appeals in and for the Eleventh Circuit. The law firm was successful in having one count vacated and defendant was remanded for re-sentencing before the District Court. The Court sentenced defendant to non-reporting probation.
State Attorney dismissed marijuana possession case after reading one motion detailing improper search and seizure.
Male Charged with Mortgage Fraud Gets No Prison Time
Miami: 29 defendants charged in drug importation and credit card scheme and only ONE goes free! His attorney was David J Joffe!
20 year old female Gets Reduced Sentence for Drug Charge
Charges Dismissed on Battery of a Law Enforcement Officer
Ex-banker not charged with theft of goods through interstate commerce
Florida criminal defense lawyer, David J. Joffe successfully reduces sentence of Colombian crew men on freighter with two tons of cocaine