The root cause of your conviction or sentence may be a mistake or unfair targeting, but the result is the same: a loss of reputation, personal and professional struggles, and a need to regain your license and standing.
Don’t let this setback define your career and life any longer.
With a proven track record of success in healthcare fraud cases, we can provide you with the support you need to move forward and restore your professional reputation.
Discover how our team can help you by scheduling a consultation today. Don’t wait any longer to take control of your professional future.
Healthcare Fraud Overview
Healthcare fraud is a white-collar crime involving defrauding a healthcare benefit program. This can include Medicare, Medicaid, and private insurance companies.
To combat healthcare fraud, the federal government has established several laws and regulations to prevent and punish fraudulent activity. These include the False Claims Act, the Anti-Kickback Statute, and the Physician Self-Referral Law, also known as the Stark Law.
There are many types of healthcare fraud, each with its characteristics and potential consequences.
Here are a few of the most common types of healthcare fraud:
- Billing for services not rendered is among the most common forms of healthcare fraud. This can involve submitting claims for services never provided, such as a doctor’s visit or medical procedure.
- Upcoding and overbilling involve submitting claims for more expensive services or procedures than were provided.
- Unbundling is billing for individual services typically bundled together for a lower cost.
- Kickbacks involve offering or accepting bribes in exchange for patient referrals or other healthcare-related services.
- Phantom billing involves billing for services never provided or provided to a lesser extent than was claimed.
By understanding the different types of healthcare fraud and working with a federal appeals attorney who focuses on healthcare fraud appeals, you can protect yourself and your healthcare business from fraud allegations and fight back against an unjust conviction.
Grounds for Appealing Healthcare Fraud Convictions and Sentences
The consequences can be life-changing if you’ve been convicted of healthcare fraud.
However, it’s essential to remember that a conviction is not the end of the road. You have the right to appeal your conviction or sentence and potentially have it overturned.
There are several grounds for a criminal appeal, including:
- Legal errors can include errors in the trial court’s application of the law, such as incorrect jury instructions, evidentiary issues, or mistakes in sentencing.
- Ineffective assistance of counsel can include failure to investigate or present evidence, failure to call witnesses, or other errors that result in an unfair trial.
- If prosecutorial misconduct occurred during the trial, you might have grounds for an appeal. Prosecutorial misconduct can include withholding evidence, making improper arguments to the jury, or other unethical behavior.
- Juror misconduct can include introducing outside information during deliberations and failing to follow the court’s instructions.
By understanding these potential issues, defendants can determine the most appropriate strategy to challenge their conviction or sentence, working with an experienced appellate attorney to navigate the complex federal appeals process.
How Our Federal Appeals Attorney Helps You
The appeals process for healthcare fraud convictions can be complex and time-consuming. However, it is possible to mount a successful appeal with the right legal representation.
Here’s how our federal appellate attorneys help you:
- Filing the notice of appeal — The first step in appealing a healthcare fraud conviction is to file a notice of appeal. This must be done within 14 days after the conviction is handed down.
- Building the appeal — Once the notice of appeal has been filed, your federal appeals attorney will begin building your appeal. This may involve reviewing the trial record, identifying legal errors, and crafting a persuasive argument for appeal.
- Presenting the appeal — Once it has been built, your federal appeals attorney will present it to the appeals court. This may involve presenting oral arguments, submitting written briefs, and responding to questions from the judges.
- Receiving the appeal decision — The appeals court will decide after the appeal has been presented. This decision may uphold or overturn the original conviction or sentence or send the case back to the lower court for a new trial.
Our federal appellate attorneys guide you through the appeals process from beginning to end. Contact us today for an honest assessment of your case.
Why Hire Elizabeth Franklin-Best
When facing an unjust healthcare fraud conviction or sentence, working with a federal appellate lawyer focusing on healthcare fraud appeals is critical.
Here are a few reasons why:
- In-depth understanding of healthcare law — A federal appeals attorney has specific knowledge of the healthcare industry and can identify legal errors and weaknesses in the prosecution’s case.
- Experience with the appeals process — Appealing a healthcare fraud conviction is complex, requiring experience in healthcare law and the appeals process. A federal appeals attorney has the experience to navigate this process successfully.
- Increased chances of success — Working with a federal appeals attorney increases your chances of success on appeal. They can identify legal errors, review the trial record, and craft a compelling argument that highlights the weaknesses in the prosecution’s case.
- Protection of your reputation and future — By working with a federal appeals attorney, you can fight against an unjust conviction and protect your reputation and future.
Customized strategy — A federal appeals attorney will develop a customized strategy for your case based on their experience and knowledge of the law.
If you or a loved one has been convicted of healthcare fraud, working with a federal appeals attorney focusing on healthcare fraud appeals is essential.
Contact Our Federal Appellate Attorneys Today
Don’t let a healthcare fraud conviction or sentence define your life.
Contact us today to schedule your consultation.
Our law firm has the experience to navigate the appeals process successfully and protect your reputation, career, and future. We have a proven track record of reversing healthcare fraud convictions and sentences and can put our experience to work in your case. Call now.
FAQ: Healthcare Fraud Appeals
How long does the appeals process take for a healthcare fraud conviction?
The appeals process for a healthcare fraud conviction or sentence can vary greatly depending on a number of factors. One of the main factors that can affect the length of the appeals process is the case’s complexity.
If the case involves a lot of witnesses or legal arguments, it may take longer to prepare and present the case on appeal. The court’s schedule can also affect how long the process takes. If the court is backlogged with appeals or has a heavy workload, it may take longer for the case to be heard.
Can a healthcare fraud conviction or sentence be overturned on appeal?
Yes, it is possible to have a healthcare fraud conviction or sentence overturned on appeal if there are legal errors or weaknesses in the prosecution’s case. However, it is important to remember that appeals courts generally give a lot of deference to the trial court’s decision and will only overturn a conviction or sentence if there is a compelling reason to do so.
To successfully challenge a conviction or sentence, the defendant or their legal team must identify specific legal errors or weaknesses in the prosecution’s case. These errors or weaknesses must be significant enough to call into question the trial’s integrity and the verdict’s accuracy.
What are the common grounds for a criminal appeal in a healthcare fraud case?
There are several common grounds for a criminal appeal in a healthcare fraud case, including legal error, ineffective assistance of counsel, and prosecutorial or jury misconduct.
What is the appeals process for healthcare fraud convictions or sentences?
The appeals process for healthcare fraud convictions or sentences can be complex and time-consuming. It involves filing a notice of appeal, building the appeal, presenting the appeal, and receiving the appeal decision.