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Why Your Practice Should Have an Internal Healthcare Audit

Criminal Defense, Uncategorized

Hospitals, private practices, and other healthcare providers must constantly be aware of many regulations, some of which are subject to change. Even still, there can be weaknesses that a provider has not found yet that could cause severe problems down the road. This is especially true for billing practices and medical claims. An internal healthcare audit is how providers can help spot such weaknesses in their billing plans, reimbursements, and medical claims. 

As the medical field grows and becomes more automated, it subjects providers to new vulnerabilities regarding finances. Medical audits can provide direct benefits and work as a preventative measure to keep a practice running smoothly and efficiently. At Norman Spencer Law Group, our team is highly experienced in all types of healthcare audits. We also offer a free consultation!

The Direct Benefits of a Medical Audit

Audits are a serious undertaking for a medical practice, and the risks can lead to costly setbacks. Whether a provider does an internal audit or hires a third-party agency for an audit, an in-depth review of finances is intelligent and proactive. One of the significant benefits of medical audits is that they can reveal improper billing practices. The amount of bills a provider is likely to deal with is high, increasing the potential for improper billing. A medical audit can identify these practices, including a lack of correct documentation or even fraudulent bills.

Another benefit of medical audits is that they can bring to light coding errors. No matter how good a medical provider is, there is always a chance for claim denials to pile up. These denials often result from coding errors, which we can detect through an audit. Audits help find out-of-date and incorrect codes, allowing us to deal with them before they become a problem.

Medical audits also allow a practice to run smoother by finding out if staff members or departments are prone to specific errors. An audit can show where the mistakes occur and whether or not there is a pattern. This diligence allows hospital staff to identify a potential workflow, communication, or accountability problem. It even extends to a provider’s competitors since an audit can reveal whether error rates are higher than the national average or within industry standards.

Finally, a medical audit can highlight areas where money is mismanaged or lost. If unchecked, these funds can add up to a lot of lost revenue with resolutions that could also become costly. Audits work to keep your medical practice cost-effective in the long run and allow for better allocation of financial resources. An audit can even help find areas of reimbursement deficiencies and correct them.

Internal Healthcare Audit as a Preventative Measure

Outside of providing immediate improvements in the way a practice runs, an audit can also help prevent damaging regulatory action down the line. Since medical audits identify billing and coding errors and stop recurrence, they decrease the federal government’s chances of initiating its own audit.

Repeated errors can look like fraudulent activity to any third party looking at billing data, and sometimes it can be indistinguishable from fraud. Agencies like the Centers for Medicare & Medicaid (CMS), the U.S. Department of Health and Human Services (HSS), and the Office of Inspector General (OIG) employ several contractors that look into healthcare providers and initiate audits to uncover potential fraud. 

While some federal audits are initiated randomly to keep providers honest, high billing and coding error rates can launch a separate investigation. Certain contractors target providers with higher error rates than the national average, and the OIG holds providers liable for prior knowledge of misuse. Potential penalties of a federal audit include:

  • Payback demands on claims
  • Creating a Corporate Integrity Agreement (CIA) with the OIG
  • Requiring the employment of an Independent Review Organization (IRO)
  • Exclusion from Medicare, Medicaid, and other federal reimbursement programs
  • Potential prosecution under the False Claims Act
  • Possible prosecution under state and local laws
  • Civil fines
  • Criminal penalties

Even if most audits do not lead to severe penalties, the worst-case scenario can damage a medical practice for years to come. A regular schedule for medical audits can help keep the federal agencies and their contracted auditors from launching a targeted investigation into your healthcare business.

How to Prepare for an Internal Healthcare Audit

A yearly audit is considered appropriate to spot any errors and remove harmful patterns before they take root. Experts recommend that a third party does the audit so that a fresh set of eyes can go over familiar documentation and spot the issues.

Another avenue to consider is hiring a healthcare audit attorney. In a planned or random audit, legal counsel can make every aspect of the process easier. An expert can go through the steps to ensure that you don’t expose yourself more than necessary. When faced with an unexpected audit, especially by the government, a lawyer can help defend against any complications. 

Lawyers can even keep internal or third-party audits within the attorney-client privilege or represent a practice during denials or appeals. Since external audits can happen anytime, it is vital to have a prior relationship with a trusted healthcare attorney at the start.

If you are a healthcare provider considering a third-party audit or trying to prepare for an external audit, call the Norman Spencer Law Group. Our healthcare law attorneys are intimately familiar with the medical industry’s demands, including audits, and we can help defend your practice. Call us to schedule a free consultation via phone, ZOOM, email, or in person. 

Filed Under: Criminal Defense, Uncategorized

What is the Medicare Fraud Strike Force?

Criminal Defense, Uncategorized

Healthcare fraud enforcement is a top priority for the U.S. government. There are billions of dollars in programs and reimbursement measures, not to mention millions of patients and healthcare practitioners that utilize them. Because of the government’s investment in federal healthcare programs, many agencies are responsible for enforcing various aspects of fraud and abuse. One such agency is the Medicare Fraud Strike Force.

This agency is a joint effort between the Department of Justice (DOJ) the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). The Medicare Fraud Strike Force is a team of federal, state, and local investigators using Medicare data analysis to combat Medicare fraud in critical hotspots around the country. Since 2007, areas of operation have expanded to cover regions and cities across the country, including:

  • Los Angeles, California
  • Detroit, Michigan
  • Brooklyn, New York
  • Baton Rouge and New Orleans, Louisiana
  • Miami, Tampa, and Orlando, Florida
  • Chicago, Illinois
  • Dallas and Houston, Texas
  • Washington, D.C.
  •  Philadelphia, Pennsylvania
  • The Appalachian Region
  • The Gulf Coast

These teams only operate in the listed areas and have their specialties, but they are well-funded and represent the federal government’s willingness to investigate healthcare fraud around the country. The teams are located in areas of exceptionally high levels of Medicare fraud, and they also track emerging schemes that move from community to community. As of September 2020, the Medicare Strike Force has cumulatively uncovered over 2,300 criminal actions, led to over 3,000 indictments, and recovered over $3.8 billion.

What Do Strike Force Teams Investigate?

Strike Force teams identify and eliminate healthcare fraud, waste, and abuse. They use data analytics and local investigators to prosecute doctors, providers, and other healthcare organizations. These include: 

  • Hospitals
  • Medical Labs
  • Pharmaceutical Companies
  • Medical Equipment Manufacturers
  • Home Health Agencies
  • Physical Therapy Practices

Common examples of Medicare fraud include billing for services not provided, charging extra for services provided, changing billing codes to receive more Medicare reimbursements, and charging for unnecessary services. On top of fraud, Strike Force teams look into illegal prescriptions, especially opioids.

They also investigate Anti-Kickback Law violations, Stark Law violations, False Claims Act violations, Qui Tam suits, money laundering schemes, and insurance fraud. Kickbacks include exchanging anything of value in return for federally reimbursable referrals. Stark Laws prohibit referring to any entity where a practitioner’s family member has a financial interest. Qui Tam suits are a type of whistleblower suit that involves a private individual representing the government against a healthcare practice.

Billing patterns can trigger strike Force investigations picked up by federal and state investigators. These investigations could be a single practice or an ongoing one into multiple healthcare organizations. They can also result from a whistleblower claim against a healthcare company or practitioner or a tip provided by a patient who may have been on the receiving end of fraudulent service. 

Consequences of a Medicare Fraud Strike Force Investigation 

There are many potential consequences when a Strike Force investigation is underway. The most common penalties include criminal charges, prison sentences, fines, civil fees, and exclusion from federal programs. General Medicare fraud schemes carry hefty punishments, and those convicted of Medicare fraud can face up to 10 years in prison, as well as fines up to $250,000. These numbers increase if a fraud scheme leads to injury or death.

Accusations that fall under the False Claims Act can lead to criminal charges, prison sentences of up to five years, and fines up to $250,000. Kickback violations can net the same punishment, with the added penalty of being barred from future participation in Medicare programs and reimbursements.   

On top of criminal charges and incarceration, there are also civil fines to consider. The fine per false claim is $11,000, and the fine for each kickback is $50,000. Based on a practitioner’s alleged misconduct, the federal government can increase or add to these fines as well. Stark Law violations carry only civil penalties, but they are not small. Fines can be $15,000, with three times in payment and penalties up to $100,000 per scheme.

What to do if You Are the Target of a Medicare Fraud Strike Force Investigation

The healthcare industry is one of the most heavily regulated fields. With the vast array of laws that organizations and practitioners are subject to, on top of changing Medicare compliance requirements, healthcare companies face potential dangers at the federal and state level. Falling on the wrong side of these regulatory bodies can damage a healthcare company for years to come.

Suppose you are a doctor, healthcare provider, or any other healthcare group or company facing allegations that could lead to a Strike Force investigation. In that case, your first step should be to get in touch with healthcare defense attorneys immediately. A healthcare defense attorney can help make sure that you understand what is involved in your particular case and gather any documents and witnesses you may need to defend yourself. 

At Norman Spencer Law Group, we have experience in healthcare fraud defense that you can rely on. Our team has handled various healthcare defense cases, and we have in-depth knowledge of healthcare law to help you navigate a Medicare Fraud Strike Force investigation. Call us to set up a free consultation and go over your options. We can have a team member meet with you over the phone, on ZOOM, no matter where you are located. 

Filed Under: Criminal Defense, Uncategorized

Can The Medical Board Suspend a Physician’s License?

Criminal Defense, Uncategorized

Every physician requires a license to practice medicine, and specific standards have to be met continuously to keep it. It takes years of training and background checks to get a medical license, and for many physicians losing it is unimaginable. However, professional misconduct, illegal activity, or even an accusation of such activities can be enough for the State Medical Board to suspend a physician’s license. 

Whether a hearing in front of the Medical Board happens because of genuine wrongdoing or an unfounded complaint, the effects can be severe for a physician’s practice and overall career. This includes suspension, probation, or revocation. State Medical Boards take such cases very seriously, and it has a wide range of options with how to handle medical license hearings.

  • Suspension: A medical license suspension is when the Medical Board orders a physician to stop practicing medicine until the Board permits to do so again. 
  • Probation: Probation means the Medical Board takes disciplinary action over a certain period. These actions can involve supervision by another practitioner while practicing, limit the types of procedures a physician can perform, require a physician to get more training, and even mandate medical or psychological treatment. The Medical Board also monitors the probation to make sure that its requirements are being followed. 
  • Revocation: A medical license revocation is when the Medical Board withdraws a physician’s license. The physician is no longer allowed to practice medicine in that state and is the most extreme action that the State Medical Board can take. Failure to comply with a suspension or probation can also lead to license revocation.

Outside of directly affecting a medical license, the Board can also issue fines.

Causes For Board Action to Suspend a Physician’s License

There are many reasons a physician can lose their license or have it limited. While the specific causes that can result in a lost medical license vary based on state laws, common causes include:

  • Unprofessional, dishonorable, or unethical workplace conduct
  • Gross negligence
  • Medical malpractice
  • Illegally prescribing medicine 
  • Fraud
  • Substance abuse
  • Being convicted of a crime 
  • Mental or physical impairment

It is important to remember that evidence, accusations, or complaints about these actions can also happen outside the workplace. The Medical Board can also take action without a complaint being filed or in the case of a single infraction. Courts have often upheld license suspensions and revocations not as a punishment to the physician but as a way of maintaining public safety. License penalties can be punitive as well.

Requesting a Hearing Before The Medical Board

If the board chooses to suspend a medical license, they will notify the licensee via a letter. Another document will provide reasons for a suspension and any other penalties that the board decides. After receiving a suspension notification, a physician has the right to request a hearing in front of the State Medical Board. This request has to be made within 30 days, and a deadline will appear on the notification letter.

A physician can get the Board to reverse a suspension in some cases, but such outcomes are challenging to achieve. A physician can dispute the Board’s decision. In-depth evidence such as medical information, the reasoning for whatever choices they made, and any other relevant workplace documents have to be provided to do so. 

If the Board still moves to suspend a physician’s medical license, the physician can still file for an appeal. Appeals can also occur before the board but can go to a higher court and an administrative judge. Regardless of a higher court ruling, the Medical Board has the final say in suspending or revoking a license.

When a hearing or appeal is not requested, the suspension goes through, and there may be an administrative investigation into the matter to close it off.

Can a Medical License Be Reinstated?

Depending on the state and the terms of suspension or revocation, a medical license can be reinstated after particular procedures are followed. In some states, there is a waiting period before reinstatement can start. To begin the reinstatement process, a physician has to file for a reactivation application.

Based on the state, instructions to fill out the application and access to it may vary. Some states allow it to be printed online, while others send it through the mail. Secondary documents are often required to complete the reactivation application, such as proof of medical and drug education requirements. A physician trying to reinstate their license must also get professional liability insurance, and minimum coverage amounts vary by state as well.

Another hurdle to clear for reinstatement is that physicians must pass clinical skill evaluations and training programs. The amount of time that these programs take to finish depending on the state and license reinstatement can be delayed until these programs are completed. The State Medical Board can also place conditions on a returning physician’s practice, which have to be followed accordingly.

How an Experienced Attorney Can Help When Someone Tries to Suspend a Physician’s License

Defending a medical license is a complicated ordeal. Most courts end up siding with the Board’s decisions in cases of negligence or incompetence. If a physician is at risk of losing their medical license, there is no replacement for a criminal healthcare defense attorney. 

An attorney can defend you during every step of the suspension process. They can help gather documents, witnesses, documents and argue on your behalf at a Board hearing. They can help build your case for any future appeals, too. If a physician does not want to go through with a hearing or appeal, a qualified defense lawyer can advise on how to proceed.

If you are a physician facing an imminent suspension, probation, or revocation, do not hesitate to call the Norman Spencer Law Group. Our team of attorneys is committed to defending physicians, and we have the experience necessary to handle any kind of case a physician may face. Call us now to set up a free consultation. We can talk with you over the phone, ZOOM, or meet you in your state if needed.

Filed Under: Criminal Defense, Uncategorized

Who is an Eligible Healthcare Whistleblower?

Criminal Defense, Uncategorized

Whistleblowing refers to disclosing or reporting either evidence or suspicion of illegal activity. This includes healthcare fraud, criminal activity, corruption, or any practice that endangers a patient. Any private individual-employee or not- who has information about such activities can be a healthcare whistleblower. This individual is called a realtor. A healthcare whistleblower can report unlawful conduct internally through their institution or externally to regulators, watchdogs, or the media. Either way, whistleblower information is crucial in exposing institutional wrongdoing, especially in healthcare industries.

What Can a Whistleblower Report?

There are many ways a hospital or healthcare company can commit fraud, but there are a few common types, including: 

  • Billing for services never performed
  • Overcharging for a procedure or charging separately for procedures done together (unbundling)
  • Changing medical records
  • Schemes to sell unneeded prescription medication
  • Any Stark Law violation

Any of these practices are grounds for a healthcare fraud lawsuit which a whistleblower can report.

Whistleblower Regulations, Protections, and Compensation

Though it may seem that whistleblowing is culturally frowned upon and may even be a crime, that is not the case. Whistleblowing is a legally protected right, and many laws exist to support anyone who has blown the whistle. The major laws are:

  • The Whistleblower Protection Act (WPA) 
  • The Occupational Health and Safety Act (OSHA) 
  • The False Claims Act (FCA)
  • Qui Tam laws 

There can also be state-specific laws that apply whistleblower protections on top of federal regulations. Some states even offer reimbursement to a whistleblower for a successful suit. The WPA forbids any punitive action against federal employees from their employers when revealing illegal conduct, mismanagement or waste of funds, an abuse of power, or a danger to public health. 

OSHA protects healthcare workers from any retaliation as a result of blowing the whistle on criminal activity. This includes being demoted, transferred to another department, or being fired. If an employee feels that any retaliation, disciplinary action, or harassment occurred because of whistleblowing, then a case can be opened under this law. The FCA compensates and protects anyone who reveals fraud or any illegal activity that causes the federal government to suffer a financial loss. Many violations of this act occur in the healthcare industry. 

Qui Tam laws involve a healthcare worker prosecuting healthcare fraud, Medicare or Medicaid fraud, or violations of the Anti-Kickback Statute. An individual can receive up to 30% of the total collected settlement. 

Can a Healthcare Whistleblower Remain Anonymous?

Whether a whistleblower can remain anonymous depends on the type of case. In most cases, however, it is difficult to achieve total anonymity for a whistleblower. Federal Rule of Civil Procedure dictates that a lawsuit must name all parties involved in a case. Even if a whistleblower cannot stay anonymous moving forward, all of the laws listed above offer protection from retaliation. 

For example, when an FCA claim is first filed, it is sealed by the U.S. Circuit Court. While the government investigates the validity of a claim, the whistleblower will remain anonymous. However, once a case is unsealed and goes public, it may not be possible to keep the whistleblower’s identity hidden. 

In Qui Tam suits, there are procedures for filing under a pseudonym, but the guidelines and requirements are strict. Considerations for a pseudonym can include:

  • Information that is highly sensitive or personal
  • The whistleblower fears retaliation
  • A suit challenges government or private parties
  • The plaintiff is in danger if their identity is revealed  
  • A plaintiff’s identity is already confidential  
  • A pseudonym enhances public interest 
  • The public interest is weak based on presented information
  • The use of a pseudonym prejudices a defendant
  • Other ways to protect the plaintiff exist

Most courts deny using a pseudonym, even when there is a legitimate fear of retaliation against a whistleblower. 

Things to Keep in Mind and Prepare for Before Blowing the Whistle

There are some things to consider before deciding to blow the whistle. First, figure out if your company has an internal system for reporting whistleblower claims. Second, keep track of any relevant documents or communications that show proof of any violations of the law. If you leak any documents that you do not have access to, then a company can fire you on a non-retaliatory basis. Be careful when gathering data, and make a written report, so it is difficult to dispute the validity of a whistleblower claim.

There is no blanket law covering public health and safety whistleblowing. Any disclosures need to be framed under existing laws. Reports or documents for a claim need to pinpoint exactly what law was broken or how an action constitutes healthcare fraud. Reporting a healthcare law violation on time is also essential. The federal statute of limitations for healthcare fraud according to statute 18 USC 3282 is five years. After that time, a non-capital offense cannot be prosecuted, tried, or punished. There are also state-specific statutes of limitations to be mindful of as well. 

How Healthcare Whistleblower Fraud Attorneys Can Help

If you find yourself in the position to blow the whistle, you should first contact a law firm experienced in healthcare fraud cases. Attorneys that know the ins and outs of healthcare law can help you put together the documents you gather, analyze the data, and give you advice on how to proceed with a case. The Norman Spencer Law Group has the expertise required to handle all types of cases, especially healthcare fraud. We take on even complex issues at both the state and federal levels. If you think you have a whistleblower claim on hand, do not hesitate to contact us. 

Individuals that file a healthcare fraud claim do not have to pay and will get a share of the successful litigation. We offer free consultations, in person or online, and our representatives can meet with you virtually, no matter where you live. Call or team today!  

Filed Under: Criminal Defense, Uncategorized

The Complete Guide on How to Choose & Hire the Best Criminal Defense Lawyer

Criminal Defense, Uncategorized

Until they have to, most people don’t think about hiring a lawyer, let alone a criminal defense lawyer. Knowing how to find a criminal defense attorney is not on a regular person’s mind. Time may come, however, when this question becomes not only relevant but crucial to your quality of life.

At Norman Spencer Law Group, we speak with individuals looking for a defense attorney every day. After years of consulting with prospective clients, we realize that many people who need to retain a criminal lawyer are not prepared to make an educated decision. Instead, they make emotional decisions. That is understandable but is also ineffective. How do you know whether the criminal defense lawyer you hire is the best one for you?

Hiring a criminal defense lawyer is your responsibility, and nobody can make that decision for you in most cases. However, you can educate yourself on some of the basics so you can make that choice with confidence. In this guide, we share some of our thoughts on choosing the best criminal defense lawyer for your unique situation. Some things are self-obvious, but some are not, and some may even seem counter-intuitive. If you have more questions after reviewing this guide, feel free to call us for a consultation.

No Single Lawyer Can Be the Best at Every Legal Branch for Every Client

First, there is no such thing as the best lawyer. Many bar associations frown upon lawyers calling themselves the best in their advertisements, and most people would agree that there is no such thing. There is no best food, just as there are no best doctors or best architects.

Some legal services are suitable for some people but are not so good for others. Some things are always wrong; we all agree to that. However, there isn’t one thing that is always good for everyone at all times. The same goes for attorneys. Let’s apply this to criminal defense lawyers. Some are good at what they do, and some are not. Some are good for some types of criminal cases but not for others. Some are good for certain types of clients but would not fare well with others.

There are many private criminal defense lawyers in the United States. We have more lawyers than any other country, and that number is growing each year as more students enter law schools and more prosecutors leave their jobs to enter private practice. Here are more interesting facts on lawyers:

  • As of 2020, there are 1.33 million lawyers in the U.S.
  • Approximately 50,000 of those are criminal defense attorneys
  • Federal criminal defense attorneys must be admitted to the bar of a specific federal court before practicing in it
  • 57% of consumers search online for a lawyer on their own

The Internet is bustling with thousands of attorney websites, many claiming to be the best or the most experienced in the field. How do you decide which firm is the right one? Let’s break it down.

Look Beyond the Marketing Tactics

Unless you already know a lawyer to speak with or find a lawyer through word of mouth, chances are you are like most other prospective clients. You will turn to the Internet search. You will find an infinite number of sites offering their services. Here, you are at risk of getting lost and making an emotional decision rather than a rational one.

Law firms are businesses. That means that they have to market themselves to get new clients. There is nothing wrong with it. Marketing is vital for any business and always has been. To be successful, the marketing campaign needs to sell to customers or clients. Many firms use bells and whistles to attract clients and push you into making emotional decisions. It’s called converting. This strategy has been used since the beginning of marketing and is not specific to lawyers.

Recognizing this is important. It doesn’t always mean that the firm that uses tacky and loud statements does not provide good services or is unethical. Just remember that when you see a site like that, you are being sold to. Looking beyond what you see on a website will help you make the best decision about hiring a criminal defense lawyer who is right for you.

Federal or State: An Attorney with the Right Experience is Crucial

The most important question you should ask is whether the lawyer you are considering has the right experience. The correct question would be, does the lawyer have the right expertise for your case, your situation, and in the jurisdiction where your case is. No lawyer will admit on their website that they have no experience. That’s something you need to decide for yourself. Here are some thoughts.

If your case is pending in federal courts or if you deal with a federal agency investigating you, then your lawyer must have experience in federal courts and with the relevant agencies. Most laypeople don’t realize that, but federal criminal practice is dramatically different from state criminal practice. Besides various statutes, federal cases are governed by totally different procedural rules.

Some techniques apply to federal practice that are non-existent in state practice. Most defense attorneys focus on state work but have limited experience with federal cases. Some do a little bit of everything. And yes, some lawyers are generalists. They take any case that comes through their door.

A Serious Situation Needs a Specialized Attorney

So, if you are facing a federal investigation or indictment, hire a lawyer who focuses on federal defense. A lawyer who handles other areas of law, as well as criminal defense, may not be your best choice. You would not ask your dentist to do heart surgery. You will not go to a criminal lawyer if you want to get a divorce or consider bankruptcy. Therefore, you naturally need to look for an attorney who helps clients like you in cases like yours. Ideally, that should be that attorney’s primary focus area.

When you look at a law firm’s site, consider that. Larger firms have specialized practice area groups with attorneys who only focus on their areas. Smaller firms do not have that luxury. Many smaller criminal law practices and solo practitioners handle essentially any criminal case. You can see that in their practice areas.

Now, no lawyer is only specializing in only one type of criminal case. That is practically impossible. However, suppose the list of a firm’s criminal practice areas has things like DUI, battery, misdemeanors, domestic violence, and federal crimes. In that case, that firm is a general criminal defense firm. It doesn’t mean that they can’t handle a federal case like yours effectively, but they would probably not be considered specialists in cases like yours. Some bar associations don’t let their lawyers hold themselves as specialists in a particular area, but the idea is that they don’t focus on the type of matters you have.

If you do an Internet search for a particular firm, you may find that they also run sites dedicated to non-criminal areas, such as family law, bankruptcy, negligence, and so on. It is the preferred way of converting clients to keep separate sites and run separate marketing campaigns from a marketing perspective. That is another indication that the lawyer you are looking at is a generalist. Again, it does not mean the lawyer won’t be able to handle your case, but you may want someone with a particular focus on the case like yours.

Beware of Bold Claims and Inflated Results

This is where things get emotional. We are attracted to things we want. Past results are essential, of course. However, if used as bait, they are misleading. Good examples are the words such as “not losing,” “winning,” etc. Lawyers who don’t try cases don’t lose them. Winning is not always what it seems like. As legitimate legal professionals, we’d define winning as securing the best possible outcome for a particular client in a specific matter.

Marketing is essential, but so is giving you a realistic expectation. No lawyer should lead you to believe that you will always have the result you want if you hire that lawyer. That’s not right by any measure.

Read Online Reviews of Defense Attorneys in Context

Research shows that users put almost as much trust in online reviews as in personal recommendations in today’s society. You may see some law firms with a much higher number of client reviews than others. However, one thing to realize is that services like Google require users to have personal accounts to leave reviews. All reviews, including the reviewer’s name, are public. How many individuals are willing to tell the world that they were criminal defendants, investigated, or charged with crimes? Not many. Most would be reluctant to share that information.

Therefore, most firms that are working actively in the industry will have an average number of reviews. When you see a firm with the number of Internet reviews considerably higher than the average, you should ask why did all those former clients willingly let the world know that they had problems with the law?

Are Former Prosecutors Better Defense Attorneys?

Many criminal defense attorneys are former prosecutors. They use that fact in their marketing campaign. The implication is that they are somehow poised to obtain better results. Nothing could be farther from the truth. Some former prosecutors do make excellent defense attorneys. However, there is no correlation between the two. Some former prosecutors are not good defense lawyers at all. Here are some examples:

  • Some former prosecutors had their tenure in local district attorney offices and have little or no experience in the federal system or the particular area of law. That also goes for former federal prosecutors. For example, a lawyer who prosecuted violent federal crimes or drug crimes may not necessarily have a good grasp of handling white-collar crimes or healthcare fraud.
  • Prosecuting defendants requires different skills compared to defending them. To put it simply, it’s much more manageable. Prosecutors have much better resources at their disposal. They have teams of agents and experts who work their cases and make them ready for trial – before the defendant is even aware of anything. The fact patterns and evidence in many criminal cases are such that prosecuting them is often a walk in the park, while defending them is a formidable task.

On the other hand, good defense lawyers are skilled in finding creative solutions, often in impossible situations, to protect their clients. That is something to keep in mind. Some of the best defense attorneys we have seen in the field are those who were never prosecutors. Instead, they spent their careers in the defense bar.

Be Willing to Go Beyond the Free Consultation

Free consultation became a norm amongst many attorneys. Many clients expect free consultations and specifically ask for them. Here are some thoughts. However, it takes time to sit down with a client, listen to their story, analyze their situation, and offer an expert opinion on the matter. After getting the facts and reviewing the documents, lawyers must explain the process to the prospective clients. That takes time and effort.

The only commodity lawyers have in the legal business is time. It is often unrealistic to expect the consultation to be meaningful if it only takes a short time. The truth is that a lawyer who is willing to speak with you for at least an hour for free has this time to spend. That means that the lawyer is not busy or is desperate to get business.

When you get a free consultation, you will usually hear the lawyer tell you how experienced there are and how much you have to pay them. That is not all you want to hear. Remember, you get what you pay for. The words free consultation are sometimes nothing more than a marketing trick to get prospective clients to pick up the phone.

Think of it this way. Have you ever tried to get a free consultation with a doctor when you require medical help? You’d likely never even get beyond a receptionist. Even if you did, no doctor would be able to diagnose you without spending time with you and running and analyzing tests. Lawyers are no different.

So, How Do I Decide Which Lawyer to Hire?

If you read this far, you’re probably asking yourself what to take from all this. Well, we are all human, and we don’t always decide on logic. Emotions still play a massive role in our decision-making process. The best way to make decisions is to combine common sense, knowledge, and yes, feelings. Here is a quick summary that includes a balanced mix:

  • When you need to look for a criminal defense lawyer and don’t know anyone, you should start with online research.
  • Consider the information shared in this article as you go through various sites. Using this guide, you will easily reject most websites you see.
  • Once you are left with the few, you are willing to consider, call them up and speak with them on the phone. Your intuition will suggest which firms to interview.
  • Then, schedule a consultation to speak with the lawyers you feel are the best fit. And yes, remember that paid consultations get you better results.

You always get what you pay for. Saving a few hundred dollars may not seem like a good idea a year from now when you’ve spent thousands, and things don’t go the right way. At Norman Spencer Law Group, we will provide you with the most accurate and comprehensive information possible. We will evaluate your situation and talk with you. Then, you can decide for yourself if we are a good fit for your needs. Please call the firm at (212) 577-6677, or complete our intake form to schedule a meeting.

Filed Under: Criminal Defense, Uncategorized

Medicaid Fraud Control Units (MFCU)

Uncategorized

Medicaid Fraud Control Units, or MFCU, are law enforcement agencies that exist for only one purpose: to investigate and prosecute cases of Medicaid fraud. These charges can come in any form, for any individual or group that might be found to be engaging in such behavior, or even suspected of the same. One of the interesting and unique things about MFCUs as a whole is that, unlike other agencies, they are actually partially funded by recoveries made from cases. In fact, as much as 25% of budgets for MFCUs are comprised of recovered funds.

It should come as no surprise, then, that MFCUs as a whole are very aggressive in the way that they pursue cases of Medicaid fraud, considering that their livelihood and survivability as an agency depends on securing more and more prosecutions. With that said, it should be noted that not all MFCU investigations are criminal in nature, at least at first. But if during the course of an investigation an agent should find sufficient evidence to justify it, criminal charges will be brought up against anyone found to be in violation.

Contents

  • How does an MFCU investigation tend to happen?
  • What should I do?
  • Who can I turn to for help?
  • The Norman Spencer Law Group can help you

How Does an MFCU Investigation Happen?

Investigations will follow different paths and procedures depending on the individual and the circumstances involved. With that said, there are some commonalities to investigations by MFCUs across the board. For example, most investigations will begin with some sort of referral from an administrative agency, at which point several detectives, as well as a prosecutor, will be attached to the case. Once this happens, the investigation itself will closely resemble a standard police action, with authorities going out in the field to gather evidence, conduct interviews, and do whatever other work they deem necessary to pursue and ultimately prosecute the case.

Another approach could be to simply raid the building or facility where this activity is thought to be taking place. This can come without warning, so it’s not uncommon for those being raided to be unaware even that an investigation had been taking place at all. This element of surprise and confusion plays right into the hands of the authorities, as they’ll typically then try to communicate directly with the accused, getting them to divulge information that will immediately incriminate them, leading to an easy conviction, another tally on the prosecutor’s resume and money poured into the coffers of the MFCU in question.

But just because this is how things could go doesn’t mean it has to be your reality. If you act quickly and secure competent legal counsel, you can fight these charges at their root, avoid telling prosecutors or investigators anything that might come back to bite you down the line, and mount an effective legal defense, ideally getting your charges reduced or even dropped altogether before you ever even have to step foot in a courtroom.

What to Do First?

The first and most important thing for you to do if you’re faced with an investigation, a raid, or charges from the IRS is to stay calm. Prosecutors thrive on your fear and uncertainty, so if you’re aware of your rights, if you stay calm and don’t give them anything to work with and instead contact a defense attorney immediately, you’ll already be well on your way to reaching a successful end to your case.

The next logical step will be to hire a defense lawyer. The most obvious problem here is that there are so many legal firms out there, some of them with slick marketing campaigns, jingles, and the like but with no confirmation on their track record, their success rates, what kind of experience they have, etc. The last thing you need is to go with a legal firm that seems like they could help you out, only to end up behind bars because the attorneys you’ve hired to help you don’t have the experience and skill necessary to get you the results you need and deserve.

What to Do in an MFCU Investigation?

The first and most important thing for you to do if you’re faced with an investigation, a raid, or charges from the IRS is to stay calm. Prosecutors thrive on your fear and uncertainty, so if you’re aware of your rights, if you stay calm and don’t give them anything to work with and instead contact a defense attorney immediately, you’ll already be well on your way to reaching a successful end to your case.

The next logical step will be to hire a defense lawyer. The most obvious problem here is that there are so many legal firms out there, some of them with slick marketing campaigns, jingles, and the like but with no confirmation on their track record, their success rates, what kind of experience they have, etc. The last thing you need is to go with a legal firm that seems like they could help you out, only to end up behind bars because the attorneys you’ve hired to help you don’t have the experience and skill necessary to get you the results you need and deserve.

Who Can I Turn to For Help?

If you’re in legal trouble, especially in relation to the IRS, you need to hire an attorney right away. But if most legal firms wouldn’t be the right fit for you, then who would? What are some things you can do to make sure you’re making the right decision?

One of the first things you can do is ask how much experience they have, and not just at the state level, but at the federal level specifically. What is their success rate? What’s their caseload looking like? What kinds of resources do they have at their disposal? Because if they can’t give you adequate answers to any of those questions, then you need to walk away and find someone else. You need a firm with the answers and resources: the Norman Spencer Law Group.

Norman Spencer Law Group Handles MFCU Investigation

With a combined 70+ years of experience helping folks from all walks of life, the Norman Spencer Law Group has what it takes to find success for you. We’ve represented all types of cases, including ones that look just like yours. What’s more, there’s no case too big or small for us, and complexity is no issue for us either. We’ve got a wealth of experience at the state and federal level, and this isn’t our first rodeo when it comes to matters involving the IRS.

So if you’re facing any sort of legal trouble, including an investigation, a raid, or even charges of tax fraud or related charges, get in touch with us today. Let us know who you are, what you’re dealing with, and how we can get back in touch with you. Someone from our team will get back to you as soon as possible, and we’ll get started on getting you the help that you both need and deserve.

Filed Under: Uncategorized

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