Early Interevention Can Avoid Arrest (With a little bit of luck)
It was a more or less paradigmatic Medicaid fraud involving a recipient rather than a provider of professional health care services. The clients were accused of having fraudulently accepted a significant amount of money from Medicaid by failing to report their true assets with respect to income, investments and savings. It was clearly a crime of omission rather than commission although it was no less illegal. Almost all cases involving recipient Medicaid or Medicare fraud center around accusations of accepting benefits that the recipient is not entitled to receive.
The investigator assigned to the case was a reasonable person who apparently was in a good mood. He had recently finished a fairly long period of intense activity in the courts. In addition to testifying at the trial of a physician accused of bilking Medicaid of millions of dollars (I suspect that the doctor was not happy with the verdict), he had also apparently spent a week or so in the grand jury. Having a hiatus from an extremely busy schedule is always appreciated.
The investigator asked me what I wanted and I said that I was hoping to avoid a criminal prosecution and have my client make full restitution. He told me he would get back to me. A day or so later, he told me that he could accept full restitution if promptly paid and n criminal charges would be filed. I was thrilled and my clients were even happier.
While it is impossible to honestly promise a client that he or she will not be prosecuted, there are several things that can be done to minimize the harm to the client and maximize the chances of avoiding arrest. After you find an experienced, articulate and honest lawyer, it is essential that he (or she) engage the investigator as soon as possible. Your lawyer must be honest with the investigator and not deny wrongdoing when that is what happened. Medicaid and Medicare frauds are primarily proven by financial records that are readily available. It is also wise to be realistic. I generally find it helpful to deal with the investigator with subtle self-deprecating humor. Applying these tools, my clients were very luck and are quite happy with the results that i obtained for them.
If you or a loved one is facing a Medicaid or Medicare fraud probe, you must contact an experienced lawyer as soon as possible. While this will not guarantee that you will not be prosecuted, it will almost always guarantee that you will pass through the experience with the minimum amount of prejudice inuring to your detriment.