In New York, many instances of alleged health care fraud involve an individual medical professional or service provider who overcharges insurance, files false claims, accepts kickbacks or provides services for which they are not licensed. Often, it is said to be part of an extensive enterprise with multiple people involved.
However, it is not uncommon for people who are doing nothing more than working at a job to get caught up in the middle of an investigation and arrested. Knowing what the law says about those who might have been simply doing as they were told as part of the job description is crucial to formulating a defense.
How can adhering to the job requirements help with a defense?
A person who was going about their defined duties and arrested as part of a health care fraud investigation may have the opportunity to use that as an affirmative defense. According to state law, a defendant who was overseeing the business finances as a bookkeeper, was performing clerical work as a clerk or was functioning in any other employment-related capacity can claim an affirmative defense.
It is important to note that the worker cannot have derived personal benefit from the alleged scheme. If they were performing the fundamentals of the job, did not have any management responsibilities and were not in control of the business, this may be sufficient to clear them. The person directing their actions must have been an employer or someone whose role was to give them orders and responsibilities.
For criminal defense of fraud charges, experienced help is vital
Since people can lose their freedom, face financial turmoil and have problems getting employment in the future because of accusations of health care fraud, it is imperative to know how to craft an effective response to the charges.
Frequently, people do not know what those who give them assignments or the company itself are doing beyond their own interactions with them and receiving instructions. That could put them in a situation where they are accused of wrongdoing. To understand how to use an affirmative defense to get the charges reduced or be acquitted, having experienced guidance from criminal defense professionals is key.