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In recent years, the U.S. Government has put a significant amount of time and effort to seek out and prosecute those whom they believe have committed fraud against the Government. One of the most aggressive types of fraud they are targeting is Medicaid Fraud.
Medicaid Fraud occurs when a person, group or entity intentionally provides false information, statements, and/or documents, with the intent of obtaining Medicaid Health Care Benefits under false pretense, deception, and when the Medicaid Benefits would have otherwise been denied.
Medicaid Fraud may be charged when individuals knowingly solicit, pay, and/or accept any form of payment or favor to induce or reward patient referrals for services or supplies that are reimbursed by a Federal health care program.
Medicaid fraud may also include the action of making referrals that are prohibited by law for specific and designated health care services.
There are a whole host of types of Medicaid Fraud that involves:
And those are just a few examples of Medicaid Fraud.
Depending on the scope and nature of the alleged Medicaid Fraud Crime or Crimes, Medicaid Fraud may be charged in either State or Federal Court.
It is important to note that the burden of proof in State Court is that the accused committed the alleged Medicaid Crime or Crimes “beyond a reasonable doubt.” If you are tried in Federal Court, the burden of proof is not as rigid. The burden of proof in Federal Court is that a preponderance of the evidence strongly suggests that it is more likely than not that the accused committed the alleged crime or crimes in question.
Michael S. Brown, Esquire has been an attorney in the Orlando area for over 13 years. He was a prosecutor for over 5 years with the State Attorney’s Office in Orange and Osceola County. There, he handled misdemeanor cases, juvenile cases, felony cases, felony violations of probation, and litigated over 20 jury trials.
Mr. Brown left the State Attorney’s Office to become a civil litigator in the areas of foreclosure, breaches of contract, and insurance defense. He has practiced in Courts throughout the State.
Mr. Brown is admitted to practice in every Court in the State of Florida. He is a member of the Florida Bar and all 3 federal courts in Florida.
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