HEALTHCARE FRAUD - FEDERAL APPEAL ATTORNEY
Healthcare Fraud
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.
HEALTHCARE FRAUD
Common Types of Healthcare Fraud
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.
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.
COMMON GROUNDS FOR APPEALING YOUR CONVICTION
START YOUR APPEAL
Appeal Your Conviction
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
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If the government did not present enough evidence to prove all the elements of the offense beyond a reasonable doubt, you might be able to appeal on the grounds of insufficient evidence.
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If the jury engaged in misconduct or was improperly influenced, such as through outside information or bias, you may be able to appeal on the grounds of jury misconduct.
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If the prosecutor engaged in misconduct, such as withholding evidence or presenting false testimony, you might be able to appeal on the grounds of prosecutorial misconduct.
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If the instructions were unclear, incomplete, or incorrect, you might be able to appeal on the grounds of improper jury instructions.
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If your attorney provided ineffective assistance, such as failing to investigate or present relevant evidence or to advise you properly about your rights and options, you might be able to appeal on the grounds of ineffective assistance of counsel.
Start Your Appeal
There are strict deadlines for filing federal criminal appeals. Contact us immediately.
FEDERAL APPEALS PROCESS
How Elizabeth Franklin-Best, P.C. Can Help You
Elizabeth Franklin-Best will begin by discussing your case with you and reviewing the details of your trial experience. We will searchingly assess your case for legal errors that will form the basis of the brief. During the consultation, we will ensure we explore every detail that may impact your ability to win your case.
Our attorneys begin by meeting with you and reviewing the details of your trial. We look closely for legal errors or constitutional issues that could form the basis for an appeal. During this consultation, we explain your rights in plain language and develop a preliminary strategy tailored to your unique situation.
Initial Consultation
After we review the transcript, we will draft the appellate brief that will be submitted to the court and create the Record on Appeal or Appendix that includes any relevant exhibits that support your claims. This brief is the cornerstone of your appeal. We also respond to the government’s brief if needed, ensuring your case is strongly and thoroughly presented in writing.
Write Appellate Brief
If the Court schedules an oral argument in your case, Elizabeth will prepare and argue the case on your behalf, focusing on the issues that will help you win your case. She doesn’t just repeat what’s in the brief — she answers the judges' specific questions and highlights the most critical legal issues. This is where deep understanding of the law and the facts of your case help make a powerful impact.
Present Oral Arguments
Once all arguments are submitted, the judges issue a decision. They may affirm your conviction, reverse it, or send it back to the trial court. When that decision comes, we walk you through what it means and discuss any further options—such as requesting a rehearing or petitioning the Supreme Court—if additional steps are warranted.
The Final Decision
HEALTHCARE FRAUD APPEALS
COMMON FAQs
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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.
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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.
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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.
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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.
Elizabeth Franklin-Best should be your top choice for your healthcare fraud appeal
WHY US?
Knowledge — We deeply understand the law and legal procedures related to healthcare fraud appeals. We stay up-to-date on the latest developments in this area of the law and can use that knowledge to effectively advocate for you.
Experience — We have helped many clients with a variety of federal criminal appeals. We know the correct procedures, understand the court expectations, and have countless hours delivering oral arguments.
Commitment — We are committed to fighting for your rights and pursuing the best possible outcome in your case. We will work tirelessly on your behalf and will not rest until we have achieved a successful result.
Communication — We believe that communication is key to a successful attorney-client relationship. We will be available to answer any questions and take pride in explaining the legal process to you and your loved ones.
Choosing the right law firm for your healthcare fraud appeal can make all the difference in the outcome of your case. Our team is dedicated to providing our clients with the highest level of legal representation and advocacy.
Bunty D.
“Elizabeth went to see my son in prison and met with me as well. She is very knowledgeable and I would highly recommend her services.”
READY TO SCHEDULE A CONSULTATION?
Time is of the essence in filing an appeal, so it is important to act quickly. We invite you to schedule a consultation to see if we’re the right fit for your case. To ensure every client receives the attention they deserve, we carefully choose the cases we take on as this gives us the ability to give each case the time, focus, and dedication it deserves.