Legal Help for Health Care / Insurance Fraud Defendant
Cases involving claims of fraud involve allegations that misrepresentations or omissions caused financial injury to another. Sometimes known as “white collar” crimes, fraud cases frequently involve a scheme or plan that involves more than one participant. Fraud cases can be brought in the form of a civil action by the injured party or as a criminal action brought by a law enforcement agency. Criminal actions can be brought in either state of federal forums, depending upon the nature of the fraud alleged and the circumstances under which the fraud was allegedly perpetrated.
A fraud that is allegedly perpetrated in the health care field can be charged against a health care professional, a medical equipment provider or a beneficiary of the service[s]. The claim can arise out of a number of circumstances including billing, submission of false medical records or false treatment based claims.
Fraud in other fields such as real property, securities, banking, investments, public services or insurance similarly can be based on allegations of false or misleading representations, submission of false documents or false claims for services. These claims can be brought against anyone involved in any aspect of the fraud, from the “mastermind” of the scheme to someone who participated in a single transaction that is part of the scheme. The execution of the scheme can involve the use of any means of communication such as the Internet, telephone or other wires, the mail or person to person contact. Hence federal frauds are often times categorized as wire or mail fraud despite the actual composition of the fraudulent scheme.
In some cases the fraud claim may be initiated by a civil complaint that is followed by a related criminal case. Often civil complaints are initiated by a regulatory agency such as the Security and Exchange Commission, or regulatory agencies charged with auditing Medi-Cal or Medi-care billings and payments. Fraud cases frequently involve a large amount of documentary evidence, such as bank records, telecommunications records and documents that are generated by the alleged perpetrators of the scheme. Investigating agencies obtain these records through a variety of means, such as administrative subpoenas, grand jury subpoenas, and search warrants. In some circumstances investigating agencies also used and con-sensually acquired voice communications and court ordered intercepted wire communications.
Effective representation of someone who is being investigated for or who has been charged with a fraud related case requires counsel experienced with the handling of different types of claims and the different avenues through which an investigation is conducted and brought to court. Counsel has to be able to evaluate the legality of how evidence was obtained, how it might be used in a trial and how to counteract its impact on a jury.
Law office of Larry Bakman is composed of attorneys with years of hands on experience in the actual investigation and defense through trial of fraud claims in numerous fields including health care, real estate, investments, banking, insurance, public corruption and other areas. They have handled the volumes of evidence, challenged the subpoenas, sought suppression of the search warrants and attacked court orders used to obtain the evidence. They have represented alleged key participants at trial and, where necessary on appeal. They are also experienced in representing a “target” of an investigation in order to preclude the eventually filing of criminal case particularly when retained at an early point in the investigation as opposed to waiting until post indictment.