Legally Reviewed by:
David Di Pietro
Managing Partner, Healthcare Attorney

Di Pietro Partner’s goal is to advocate for you when you need our help. Our team of experienced legal and medical professionals are dedicated to providing high quality informative content. The information on this page and other areas on the website is routinely fact checked, updated, and approved by our team of licensed attorneys and professional editors. If you find any errors, feel free to let us know and we will review the information immediately.

Being targeted in a Medicare or Medicaid fraud investigation by the U.S. Department of Justice (DOJ), the Office of Inspector General (OIG), or another federal agency can be devastating for healthcare providers. Whether triggered by a whistleblower complaint, data analytics, or routine audit, these investigations often result in criminal charges, civil penalties, exclusion from federal programs, and loss of licensure.

At Di Pietro Partners, our healthcare fraud defense attorneys represent doctors, practice managers, billing companies, and healthcare businesses under investigation for alleged billing fraud, kickbacks, false claims, and regulatory violations. We understand the nuances of CMS regulations, Stark Law, the Anti-Kickback Statute, and the False Claims Act; we know how to protect your license, reputation, and livelihood.

What Triggers Medicare/Medicaid Fraud Investigations?

You may be under scrutiny without even knowing it. Federal fraud investigations are often triggered by:

  • A whistleblower (qui tam) lawsuit filed by a former employee or competitor
  • Data analysis showing billing patterns outside the norm
  • Routine audits by CMS or MACs (Medicare Administrative Contractors)
  • Prior disciplinary action or licensing complaints
  • Referrals from private insurers or Medicaid MCOs
  • Once initiated, these cases move quickly and can involve multiple agencies with overlapping jurisdiction.

Types of Allegations We Defend

Our attorneys defend individuals and healthcare organizations against a wide range of fraud-related allegations, including:

  • Upcoding or unbundling of CPT codes
  • Billing for services not rendered
  • Kickbacks in violation of the Anti-Kickback Statute
  • Self-referrals under the Stark Law
  • Improper use of modifiers or false documentation
  • Double billing or phantom claims
  • Violation of CMS billing protocols
  • Fraudulent DME or telehealth claims

Whether you’re facing civil penalties or criminal charges, we provide aggressive legal defense at every stage.

Agencies Involved in Healthcare Fraud Enforcement

Fraud investigations often involve multiple overlapping agencies, including:

Our team knows how to navigate these agencies and respond effectively to subpoenas, CID letters, audits, and interviews.

What to Do If You’re Under Investigation

If you receive notice of an investigation, audit, subpoena, or interview request:

  1. Do not communicate directly with investigators without counsel
  2. Preserve all billing records, emails, and documentation
  3. Notify legal counsel immediately
  4. Do not alter or destroy any evidence
  5. Stay calm and avoid public statements

We assist clients from the earliest stages, often before charges are filed, and help contain the investigation before it escalates.

Why Hire Di Pietro Partners for Healthcare Fraud Defense

  • Led by Former Prosecutors & Trial Lawyers
    Our attorneys are experienced litigators with deep knowledge of federal enforcement tactics.
  • Deep Healthcare Regulatory Knowledge
    We regularly advise hospitals, physicians, and specialty groups on Medicare billing compliance, helping us spot vulnerabilities before prosecutors do.
  • Multidisciplinary Team
    We have a board-certified physician on staff, offering unique insight into medical practice standards and billing patterns.
  • Aggressive, Strategic Defense
    We don’t wait for indictments. We intervene early, negotiate with federal agents, and mount proactive defenses to avoid criminal charges whenever possible.

Frequently Asked Questions

Q. Can I go to jail for Medicare fraud?
Yes. Medicare fraud can be prosecuted as a felony, with sentences ranging from 5 to 20 years depending on the charges. However, many cases can be resolved civilly if handled early by experienced defense counsel.

Q. What’s the difference between criminal and civil fraud?
Criminal fraud involves intent to defraud and carries jail time. Civil fraud involves monetary penalties and program exclusion. We handle both and fight to keep cases in the civil track whenever possible.

Q. Should I respond to an OIG subpoena without a lawyer?
No. Responding without counsel may harm your case. Contact an attorney immediately to ensure proper response and protection of your rights.

Q. Will I lose my medical license?
Not necessarily. While fraud investigations may trigger board discipline, many providers retain their licenses with the help of skilled legal defense.

Speak with a Healthcare Fraud Defense Attorney Today

If you or your practice is under investigation for Medicare or Medicaid fraud, don’t wait until charges are filed. The earlier you involve legal counsel, the better your chance of protecting your license, your freedom, and your future.

Contact Di Pietro Partners for a confidential consultation today.

This page was legally reviewed by David Di Pietro. David has been a practicing healthcare and medical malpractice lawyer for over a decade. Throughout this time, he’s represented client’s through various complex issues involving the healthcare system. This includes misdiagnosis, missed strokes, child birth injuries, medication errors and more. He regularly appears on national TV to provide his expertise on well known medical malpractice/personal injury matters such as the multi billion dollar Purdue Pharma Opioid Lawsuit. David is an experienced and aggressive trial attorney that has tried over fifty (50) jury trials and numerous bench trials. David is also a member of the Trial Lawyers and Health Law Sections of the Florida Bar.

This page was medically reviewed by Dr. Tiffany Di Pietro. Tiffany is a board certified physician and serves as the medical advisor for Di Pietro Partners’ medical malpractice and product liability cases. She graduated Magna Cum Laude with a Bachelor of Science degree in Psychobiology from Florida Atlantic University at 19 years old. She then went on to become the youngest graduate from the College of Osteopathic Medicine at Nova Southeastern University in Ft. Lauderdale, FL. Dr. Di Pietro is quadruple board-certified in cardiology, internal medicine, echocardiography and nuclear cardiology. Tiffany also frequently appears on national news outlets as a medical expert and commentator and has been called as an expert witness for numerous court cases.