Have you been charged with healthcare fraud in San Diego, California? A conviction could carry severe penalties that follow you for years to come. However, you still have time to fight back and work toward a favorable outcome with help from an experienced trial attorney at Blair Defense Criminal Lawyers.
We are a leading criminal defense law firm in San Diego that will make your case a top priority. Our San Diego healthcare fraud lawyers have over 15 years of experience and have helped clients successfully respond to all types of criminal charges.
Contact our law office today at (619) 357-4977 to schedule a free consultation.
How Blair Defense Criminal Lawyers Can Help if You’re Facing Healthcare Fraud Charges in San Diego, California
Healthcare fraud cases demand a strategic response that not every law firm is capable of providing. The San Diego federal crimes attorneys at Blair Defense Criminal Lawyers are among the most respected in the region and are ready to walk you through the legal process.
Some of the ways we can help include:
- Conducting a thorough review of the charges and evidence against you
- Challenging the prosecution’s interpretation of billing records and financial data
- Filing motions to suppress improperly obtained evidence
- Working to have your charges dismissed entirely
- Keeping you informed of your rights at every stage
- Representing you at all hearings and at trial if necessary
Contact us today in San Diego, CA, for a free consultation. The sooner our San Diego criminal defense lawyers can begin looking into your next steps, the better.
A Brief Overview of Healthcare Fraud Law in California
Healthcare fraud can be charged under California state law, federal statutes, or both, depending on the circumstances of the case.
Under California Penal Code Section 550, it is illegal to knowingly submit a false or fraudulent claim to a health insurer. PC 550 is classified as a “wobbler,” meaning prosecutors can file it as either a misdemeanor or a felony based on the alleged amount and the specifics of the case.
At the federal level, 18 U.S.C. § 1347 makes it a crime to knowingly execute a scheme to defraud any healthcare benefit program, including Medicare and Medicaid. Federal investigators pursue these cases aggressively, and the penalties are far harsher than their state counterparts.
Potential Penalties for a Healthcare Fraud Conviction in San Diego
Under California state law, a felony healthcare fraud conviction can result in up to five years in state prison along with fines reaching $50,000 or double the amount of the fraud. A misdemeanor conviction for claims exceeding $950 may lead to up to one year in county jail and fines up to $10,000.
Federal penalties are considerably steeper. A conviction under 18 U.S.C. § 1347 carries up to 10 years in federal prison per count. If the fraud resulted in serious bodily injury to a patient, that maximum jumps to 20 years. Cases involving a death can result in life imprisonment.
Collateral Consequences
In addition to the penalties that the court imposes, a healthcare fraud conviction can disrupt your life in lasting ways, making it difficult to find housing and employment. These collateral consequences can follow you indefinitely, which is why having a qualified defense attorney in your corner is a wise step to take.
What Defenses Can I Raise Against Healthcare Fraud Charges?
Healthcare fraud charges hinge on whether the prosecution can prove you acted “knowingly and willfully.” That standard provides experienced defense attorneys with meaningful room to challenge the case against you.
Possible defenses to healthcare fraud charges in San Diego include:
- You did not knowingly submit false claims. Billing errors resulted from honest mistakes, not deliberate fraud.
- You lacked the intent to defraud, which is a required element the prosecution must establish beyond a reasonable doubt.
- Evidence against you was obtained through an unlawful investigation.
- The government’s calculations of alleged losses are inaccurate.
- You relied in good faith on the guidance of compliance professionals.
We’ll make sure all of the facts are on the table before we formulate the best possible defense strategy we can on your behalf.
Schedule a Free Consultation With Our San Diego Healthcare Fraud Lawyers
Healthcare fraud charges in San Diego, CA, must be taken seriously, but it is critical to remember that you are presumed innocent until proven guilty. You likely still have time to mount a strong defense with qualified legal help on your side.
Contact Blair Defense Criminal Lawyers today to schedule your free consultation. Our San Diego healthcare fraud attorneys will fight for you every step of the way.