Criminal Defense for Physicians

Chapman Law Group is dedicated to the defense of all health professional facing criminal and/or licensing action. We are especially dedicated to criminal defense for physicians as we understand the pressure physicians’ often feel from the vast amount of laws and regulations on the practice of medicine and the extreme ramifications they face if they fail to comply. We also recognize the recent increase in Federal and State enforcement agencies, such as drug task forces and health care fraud strike forces, have left many physicians, particularly those in certain specialties, feeling as though they have a target on their back.

Our criminal defense team includes two former federal prosecutors. Attorneys Perkovic previously worked as Deputy Attorney General of Idaho’s Medicaid Fraud Control Unit and Special Assistant United States Attorney. Attorney Chapman was previously a military prosecutor. Both attorneys are highly skilled in criminal defense and are dedicated to representing health care providers. Attorney Perkovic has significant experience with criminal health care fraud, while attorney Chapman has significant experience handling drug trafficking cases against physicians.

Common Criminal Allegations against Physicians

 Drug Trafficking

Physicians are often charged with drug trafficking for prescribing controlled substances without a legitimate medical need. In some states, actual intent is required, and in others only a violation of one or more state or federal administrative or statutory guidelines is required. Our criminal defense attorneys represent doctors accused of drug trafficking with cases brought by the Attorney General’s Office and County Prosecutor’s Office throughout Florida and Michigan and the Department of Justice (DOJ) (regardless of State). Some of our clients accused of drug trafficking include: pain management doctors, pain management clinics, pharmacies, clinics licensed to distribute, and chiropractors, to name a few.

Health Care Fraud

Health Care Fraud includes Medicare fraud, Medicaid Fraud, false invoicing, billing for services not provided, billing unbundled services, etc.  We represent clients with health care fraud audits, DEA investigations, clients who have been raided or the subject of an administrative search, and clients who receive criminal charges or indictments. Our criminal defense attorneys also handle Medicare fraud, Medicaid fraud and healthcare fraud cases brought by the DOJ, CMS, DEA, DOJ, H&HS OIG, State Attorney General, and local authorities.

RICO

RICO is a Conspiracy between two or more people working together to perform a legal act by illegal means or an illegal act. Often RICO charges against physicians are related to additional charges of drug trafficking, health care fraud and money laundering.  Our experienced criminal defense attorneys are well qualified to defend you if you are charged or indicted with a state or federal RICO offense.

DEA Enforcement

We represent physicians and other healthcare providers during DEA healthcare fraud investigations. These include investigations for drug diversion, drug trafficking, medicare fraud and Medicaid fraud brought against a physicians, clinics and pharmacies by the DEA.

Kickbacks

Kickbacks include receiving money or inducements with the intent to influence the purchase or sale of healthcare related goods or services. Our crminal defense attiorneys represent physicians, pharmacists, and other healthcare providers charged with illegally obtaining kickbacks for medical services.

False Claims

Violation of the Federal and State false claims act occurs when a healthcare provider files a claim for goods or services not provided. This also includes cloning records, using “shrills”, paying patients, unbundling, upcoding, waiving co-pays and deductibles and over-billing the payor, charging for named brand drugs and dispensing generic drugs, etc.

Physician Self-Referrals

The Physician Self-Referral Law, often called the Stark Law, prohibits a physician from making a referral for certain designated health services to an entity in which the physician (or member of his or her immediate family) has an ownership or investment interest, or with which he or she has a compensation arrangement, unless an exception applies.

Additional criminal issues:

Consequences of violations of these laws can include:

  • Imprisonment of up to twenty (20) years
  • Fines in the millions
  • Civil monetary penalties
  • Loss of medical license
  • Loss of staff privileges
  • exclusion from participation in federal health care programs

Federal criminal and civil statutes are enforced by the US Department of Justice; administrative actions are pursued by the Department of Health and Human Services’ Office of Inspector General; and all state actions are pursued by the individual states. In addition, private whistle-blowers, acting in the name of the United States, may file suit against an entity under the False Claims Act. Enforcement of health care fraud and abuse laws has become increasingly commonplace and now affects many mainstream providers.

Our criminal defense attorneys are dedicated to helping physicians facing criminal allegations. We understand the complexities involved with being a physician and stand ready to assist you in the defense of all healthcare related criminal charges. From the onset of your representation, we consider the licensing ramification when developing a strategy and we aggressively represent you during criminal and administrative proceedings.

Some of the potential claims do not involve intent or ill will and can be successfully proven by demonstrating deliberate ignorance or willful neglect. No matter what the criminal charge, we will work with you to find the most reasonable resolution. We offer comprehensive representation against criminal proceedings and any resulting professional licensing or administrative action. Our criminal defense attorneys are dedicated to the defense of physicians, nurses and other licensed professionals. Please contact our criminal defense attorneys immediately if you are a health professional facing criminal charges.


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