Medicare and Medicaid fraud is prosecuted under 18 U.S. Code § 1347.
As with many federal crimes, this type of fraud can lead to a penalty of 20 years in prison under some circumstances.
The elements of the crime, what the prosecution must prove when to convict under this statute, is as follows:
- the defendant knowing and wilfully (with an express intention);
- Sought to defraud a health care program (such as Medicare-Medicaid);
- To obtain money or property owned, controlled by a health care program in connection with delivery of or payment of healthcare benefits shall be fined or imprisoned.
The above crime can be punished by a fine and up to 10 years in prison. If, however, the criminal act leads to serious bodily injury, the penalty can be up to 20 years in prison. In the event that the fraud under this section leads to a death, a sentence of life in prison can be imposed.
Have you been charged with Medicare-Medicaid fraud? Are you asked if to give a statement to police because they suspect a crime has been committed? Assuming you have, getting a criminal defense lawyer can be the difference between you going home that night or spending decades in prison. The police are not your friend! They are a law enforcement authority whose purpose is to investigate crime. That is why getting an astute, experience lawyer is crucial to navigate the criminal justice process, even at the stage of “interrogation” by police. Call us if you think you are the subject of an investigation or have been arrested!