NYC Health Care Fraud Attorney
Mark I. Cohen is an experienced NYC health care fraud attorney who frequently represents defendants charged with Health Care Fraud in the United States District Courts for the Southern District of New York and the Eastern District of New York.
Health Care fraud is a federal crime pursuant to 18 U.S.C. § 1347. Generally, to convict someone of Health Care Fraud, the Government must prove, beyond a reasonable doubt, that:
- the Defendant executed, or attempted to execute, a scheme or artifice to defraud a health care benefit program;
- the target of the scheme or artifice was a “health care benefit program”; and
- the Defendant acted knowingly and willfully, that is, with a knowing and deliberate purpose to do something that was prohibited by law.
Health Care Fraud is often charged in conjunction with other federal criminal offenses including wire fraud, mail fraud, and money laundering.
Health Care Fraud is punishable by up to ten years in prison. Additionally, a fine may be imposed, along with an order of asset forfeiture and restitution. In the federal criminal system, sentencing is based on a variety of factors set out in the United States Sentencing Guidelines. Perhaps the most important factor in a health care fraud case is the “loss amount”, which simply stated means the amount of money which is alleged to have been misappropriated and stolen from the victim(s). Other important factors include the number of victims; whether the offense involved material misrepresentations (i.e. that the defendant was acting on behalf of a charitable, educational, religious or political organization, or a government agency); whether the defendant relocated the fraudulent scheme to another jurisdiction to evade law enforcement; whether the offense involved an organized scheme to steal or to receive certain goods; and whether the offense involved the conscious or reckless risk of death or serious bodily injury or the possession of a dangerous weapon.
Have you been charged with Health Care Fraud in New York City?
During his 28 years of federal criminal defense practice, Mr. Cohen has mastered the procedural and substantive law pertaining to health care fraud offenses in the United States Code, and has also mastered the United States Sentencing Guidelines.
By retaining Mark I. Cohen, a defendant maximizes the chances that:
- He or she will be released from custody on the lowest possible amount of bail or on his or her own recognizance;
- He or she may be able to prevail on a motion to dismiss the indictment (if the indictment is defective);
- He or she will be able to suppress any evidence illegally seized by investigators (if the evidence was obtained in violation of the defendant’s rights);
- He or she will be able to prevail at trial;
- He or she will be able to obtain the best plea bargain possible should there be compelling evidence of the defendant’s guilt; and
- He or she will be able to receive a non-prison sentence, or which results in the lowest amount of prison possible.
If you have been charged with health care fraud, you should contact Mark I. Cohen, an experienced NYC health care fraud attorney, to maximize your chances of preserving your freedom, reputation, and assets.