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Bronx Medicaid Fraud Lawyers

The Importance of Legal Representation in Medicaid Fraud Cases

Every interaction that you have with the legal system should almost certainly come with at least the advice of a lawyer, if not a full-time legal advisor. This is particularly true when it comes to criminal charges because of the possible outcomes as well as the complexity of the legal process. When it comes to Medicaid fraud, that is even more true. Medicaid fraud can be tricky to untangle and in court, it is harder to defend yourself simply because of how technical the details can be. Our firm has years of experience working in Medicaid fraud defense, and we understand what it takes to help you work through the system and come out with a better outcome.

What is Medicaid Fraud?

Medicaid fraud is a broad term. Many crimes have specific and constrained legal definitions, but Medicaid fraud simply includes any act that attempts to extract extra money from the Medicaid program. The person accused of Medicaid fraud has to be some form of care provider, such as a doctor, but can include any individual professional or company that interacts with Medicaid and bills it for services. There are several different forms that this type of fraud can take. For example:

  • Upcoding: A service provider could upcode their service on their bill. This means upgrading a service to look like something more expensive than what it actually was. For example, a doctor could upcode a routine office visit to also include an expensive test that he never performed. Medicaid would then compensate him for this test and he could pocket the money.
  • Billing for Non-Performed Services: A service provider could also bill for services that they just never performed at all.

The common theme is that the service provider lies on their bill in order to extract extra money from Medicaid.

Penalties for Medicaid Fraud

The penalties for Medicaid fraud depend on the size of the fraud. They will always include a requirement that the service provider pay back all of the funds they took, plus an additional penalty that is up to the court to determine. The jail time includes up to five years per instance of fraud. As you can see, the penalties can range from relatively minor to very severe, and much of it is under the control of the judge, so it is hard to predict exactly what the sentence of any individual case will be.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
TaĂŻko BeautyTaĂŻko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Should you stand accused of Medicaid fraud, then, it is absolutely imperative that you have an experienced and qualified lawyer supporting you and advocating for your interests. The penalties can grow large, so reducing them or getting the charges dropped entirely can make a big difference. It can mean many thousands of dollars and years in prison if you have a competent legal staff working for you.

Strategies for Defending Against Medicaid Fraud Charges

The strategies for defending against Medicaid fraud charges are varied. One aspect is the nature of the evidence. It may or may not be enough to demonstrate that fraudulent charges actually took place. Having evidence of a service existing on a bill is one thing, and that is generally not difficult to find. What is significantly harder is proving that the service did not take place and that the charge was fraudulent.

Because you are innocent until proven guilty, the prosecution must demonstrate that the bill was falsified with the intention of taking money from the program. A successful defense involves finding holes in the prosecutor’s chain of reasoning or problems with their evidence. It is also important to note that plea bargains are an important and accepted part of legal defense. It might feel uncomfortable to take a plea bargain, but they often lead to significantly lighter sentences as well as much lower legal fees. In many cases, the government does not initiate a case and bring charges of Medicaid fraud until they are already confident that they have assembled enough evidence to convict. Under those circumstances, a plea bargain is the best choice because the odds of an outright victory at trial are low.

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