Financial Crimes Defense
Moving fast can be important in preparing a successful defense and can often result in charges never being filed. You must hire the best criminal defense attorney you can afford and one that you trust. If you suspect you are under investigation, get legal advice immediately and do not make any statements until you do. This could mean the difference between freedom and incarceration. Fraud cases are often complicated, requiring a specialized understanding of financial instruments, statutes, contracts and often health care regulations. Your lawyer must proactively and comprehensively investigate all of allegations against you and use his years of experience to defend you. Details are important so you make sure your lawyer has time for your case.
If you or someone you know has been accused of or charged with fraud or a theft-related offense, contact criminal defense lawyer David Kiatta, a Sugar Land attorney serving those charged in Fort Bend County, Harris County, Galveston, Wharton, Matagorda, Brazoria and cross Texas and in federal court. Call today (713) 785-8005 for a consultation. David Kiatta is highly skilled and has a great deal of experience in the following offense.
- White Collar Offenses: generally refers to theft or embezzlement by corporate employees. This is a very broad category and can include wire fraud, mail fraud, internet fraud, securities fraud, real estate fraud, mortgage fraud, health care fraud, Medicare & Medicaid fraud, ponzi schemes, interstate commerce violations and identity theft. Often these allegations are alleged as a conspiracy with numerous co-conspirators in a multi-count indictment.
- Theft: the nonconsensual taking of another person’s property. This term is sometimes used as an umbrella term encompassing larceny, burglary, robbery, embezzlement, looting, and similar crimes.
- Burglary: entering a building or residence without consent with the intention of committing theft or a felony. However, it is not required that another offense actually be committed.
- Robbery: committing or attempting to commit theft by either threatening or causing bodily injury.
- Aggravated Robbery: robbery with either using or displaying a deadly weapon or causing serious bodily injury.
- Credit/Debit Card Abuse: generally this is using a card or account in the name of another person and without that person’s consent. Often these allegations involve numerous co-conspirators and is charged as Engaging in Organized Crime.
- Healthcare Fraud: generally alleged when benefits available for legitimate medical services are claimed to be obtained pursuant to fraudulent or false information. Fraud may involve an individual or medical group, and it may involve only a single incident or may be part of an elaborate scheme. Your healthcare fraud lawyer must investigate your case and explain how some of the following healthcare fraud “schemes” may apply to you.
Cases of fraud often allege conspiracies that involve medical practitioners and staff and may often include one or more of the following:
· Billing for services not rendered
· Filing duplicate claims
· False coding of medical procedures
· Falsifying date/description of services
· Falsifying medical records
· Prescribing unnecessary treatments or procedures
· Accepting/providing kickbacks for member/patient referrals
· Acquiring unnecessary subsidized or covered prescription pharmaceuticals with the intent to sell for profit
Healthcare and insurance policy carriers or members can commit fraud by participating in the following actions:
· Forging prescriptions
· Selling prescription drugs
· Falsifying personal information when applying for benefits
· Using another’s insurance card and information
· Using medical benefits for non-medical uses
If suspicious activity is detected, an investigation or inquiry may begin immediately. If an individual is the subject of a healthcare fraud investigation, it is important to seek legal counsel immediately. An experienced federal healthcare fraud defense attorney can advise a client on his or her rights and try to help the client avoid incriminating missteps throughout the investigative and interrogative processes.
Healthcare Fraud Penalties
The U.S. Code addresses the penalization for the successful execution or deliberate attempt to defraud any healthcare benefit program or illicitly gain any money or property available through any healthcare benefit program. Under 18 U.S. Code Section 1347, a healthcare fraud offense generally carries a maximum of 10 years in prison and a large fine