Chances are if you’ve been indicted with a felony for Medicaid fraud, you have very little experience with the criminal justice system. Home health aides and nurses have to have a clean record to bill medicaid for services either privately or through an agency. Typically, my clients facing these charges are very emotional. They’ve worked hard and care about their clients and to be charged with a crime by the state Attorney General’s office is disconcerting to say the least!
Medicaid fraud cases are unique in the criminal justice system in many ways. First off, all medicaid cases are investigated and prosecuted by the Ohio Attorney General’s office. They have a designated section of attorneys and investigators whose only job is to “protect” medicaid funds. This means that when they do decide to prosecute a person, no matter where in the state of Ohio the alleged offense occurred, the charges are filed in Franklin County where the AG’s office is located. Due to my office being in Franklin county, I have handled countless medicaid cases for clients all over the state.
Investigators for the AG’s office are not law enforcement. They have no authority to arrest or detain a person. They rely heavily on the element of surprise and ignorance of the law to gather their information. They are famous for popping up unexpectedly at your home or work demanding answers to their questions. They routinely lie about the evidence they have to persuade a person to “cooperate” and “explain”. They want you to “help them help you.” They know you’re not a bad person, they just want your help to clear a few things up and “tell your side of the story.” What they want, and many times need, is a confession of wrong doing. Many times this so called confession is the only evidence against my clients. You are never ever under any obligation to speak with an investigator. You have the right to an attorney under the law. You can simply ask them to leave. They can and will use any statements you make against you! They’re not law enforcement, so they do not have to obtain a waiver of rights prior to questioning. You as a citizen are presumed to know your rights and to know that you do not have to speak with anyone you don’t want to. People failing to exercise these rights do immediate damage to their defense of criminal charges.
The earlier a client involves me in a Medicaid fraud case, like all criminal matters, the better. I have saved my clients literally hundreds of thousands of dollars over the years, not to mention felony convictions which result in loss of medicaid billing numbers, and nursing licenses. Felony convictions are devastating to a persons ability to obtain a good job, especially in the medical field.
As always, contact my office to discuss specifics of your case and what I can do to defend you against the state.