 A young woman was terrified when she received a letter from the NYC Human Resources Administration, Bureau of Fraud Investigation. A Medicaid fraud investigator wanted her to come in for an "interview" and to bring her tax returns and other financial records with her. She was terrified because she knew why the Medicaid fraud investigator sent her the letter. She had lied about her income on her Medicaid application. She was even more terrified because she is a nurse. She couldn't sleep thinking about what this meant. She could go to jail. She could lose her license. She could be excluded from the Medicaid program and not be able to work for five years. She was so terrified that she did nothing. She ignored the letter. Until one day, a few months later, an NYPD detective showed up at her job. He told her that she had to appear at the District Attorney's office the next day to surrender. When she arrived at the District Attorney's office, the detective arrested her, placed her in handcuffs, and processed her. Her mug shot and fingerprints were taken. She was placed in a jail cell with other prisoners to wait for a judge. It was humiliating. But that was just the beginning. When she appeared before the judge, she was charged with serious felonies including fraud and grand larceny. She faced up to five years in prison, plus fines and restitution of almost $100,000. Her case did not have to turn out this way. I have represented hundreds of people who received letters from Medicaid fraud investigators at the HRA Bureau of Fraud Investigation. In almost every case, my clients never had to speak to the investigators. After reviewing my client's tax returns and other records, I went to the interview for them. I negotiated with the investigators for them. And in almost every case, the investigators agreed to a financial settlement with no criminal charges, no lawsuits, and no impact on my client's credit record. If you received a letter from the HRA Bureau of Fraud Investigation, call John Howley, Esq. immediately at (212) 601-2728 to schedule a free and confidential consultation.
Two of my clients had exactly the same problem at the Bureau of Fraud Investigation, but with very different results. One client, I’ll call her Sarah (not her real name), was working part time when she first applied for Medicaid. Her income was low, so she qualified for benefits. A few months later, she was hired full time. She did not notify Medicaid that her income had increased. Worse, when she received re-certification forms, Sarah sent them back every year without telling Medicaid that her income had increased. Three years later, Sarah received a letter from the Bureau of Fraud Investigation. The investigators wanted Sarah to come in for an “interview,” and they wanted to see her tax returns and bank statements. Sarah immediately came to my office for a free and confidential consultation. After going through Sarah’s tax returns and bank statements, I went to meet with the investigators. Sarah did not come with me, so the investigators could not ask her any questions. I did not bring any documents. Before saying or giving anything to the investigators, I wanted them to tell me what they already knew. We were able to settle the investigation by having Sarah pay back some of the benefits she received after her income increased. The investigators agreed to a small monthly payment with no penalties and no interest. Another client, I’ll call her Linda (not her real name), was not so lucky. Linda also applied for Medicaid when she was working part time, and she continued receiving benefits after she became a full-time employee. But when Linda received the letter from the Bureau of Fraud Investigation, she went to see the investigators by herself. Two investigators put Linda in a small room with no windows. They demanded to see her tax returns and bank statements. Then they interrogated her for an hour. When they were done, the investigators sent Linda’s case to the District Attorney for criminal prosecution. Linda did not call me until after she was arrested and charged with a felony for stealing Medicaid benefits. If you received a letter from the Bureau of Fraud Investigation, you should consult with a lawyer to protect your rights. The initial consultation is free and confidential. Schedule a consultation today by calling our law offices at (212) 601-2728.
Every year, more than 5,000 New Yorkers receive letters from the NYC Bureau of Fraud Investigation. The letters ask you to come in for an "interview" with a Medicaid fraud investigator. You are also asked to bring documents, such as tax returns and bank statements. The first question most clients ask is: "Do I need a lawyer?" The second question most clients ask is: "If I hire a lawyer, won't the investigator think I'm guilty?" Let's understand something from the start. If the investigator sent you a letter, then the investigator already thinks you are guilty. The investigator already has your payroll records from your current and former employers, your credit report, and other documents showing your assets and income. The investigator knows where you live, whether you own or rent your home, how much you pay each month for rent or mortgage payments, who lives with you, and how much they earn. Two investigators have sat outside your home watching to see who goes in and out. They have taken photos of your home and its residents, and they have spoken with your neighbors. If you go to their office for an "interview," you will be placed in a small, windowless room with two investigators. One investigator will interrogate you, while the other one writes down everything you say. Anything you say can and will be used against you. It will be a very intimidating experience. Based on your interview, the investigators will decide what to do next. They can demand that you pay back thousands of dollars in benefits. Or they can send your case to the government's lawyers, who will sue you for tens of thousands of dollars. Or they can send your case to the District Attorney, who will charge you with felonies and have you arrested. Here's the good news: You do not have to face the investigators alone. An experienced Medicaid fraud lawyer can contact the investigators on your behalf and find out why they have targeted you. Your lawyer can present evidence and negotiate with the investigators on your behalf. In many cases, our clients never have to answer any questions from the investigators. The first step is understanding the specific facts of your case. We offer a free and confidential consultation to help you understand how to respond to the investigator. We will review your records, explain how the process works, and help you develop a strategy. Call our office today at (212) 601-2728 to schedule a free and confidential consultation with an experienced Medicaid fraud lawyer.
Responding properly to a letter from the NYC Bureau of Fraud Investigation is critical. Failing to respond -- or failing to respond properly -- can result in serious consequences. The penalties may include paying tens of thousands of dollars in restitution plus interest, fines and penalties. If the investigator decides to send your case for criminal prosecution, you could be sentenced to prison and, if you are not a U.S. citizen, you could be deported. The biggest mistake you can make is ignoring the investigator. Burying your head in the sand will not solve your problem. You failure to respond will lead the investigator to conclude that you are guilty and unwilling to cooperate. Under those circumstances, the investigator will have no choice but to start legal proceedings against you. At the same time, you should not answer any questions or turn over any documents to the investigator before consulting with a lawyer. Anything you say can and will be used against you. So, what should you do if a Medicaid fraud investigator contacts you? Be polite and professional. Respond promptly to the investigator. Let them know that you want to cooperate. Then get professional legal help and advice. If you are contacted by letter, bring the letter to a lawyer and get advice on how to respond. Make sure that you or your lawyer responds by the date in the letter, even if it is only to ask for more time. If you are contacted by telephone or in person, politely tell the investigator that you cannot talk right now. Ask for their name and telephone number. Tell them that you will get back to them. Then bring the investigator's contact information to a lawyer for advice on how to respond. Responding promptly to Medicaid fraud investigators is the first step to avoiding a catastrophe. In many cases, any problems you have can be resolved without lawsuits or criminal prosecutions. But you must have your lawyer communicate with the investigator as soon as possible, before the investigator decides to take legal action against you. To schedule a free and confidential consultation with an experienced Medicaid fraud lawyer, call John Howley, Esq. at (212) 601-2728.
A woman called my office today with a typical Medicaid problem. She applied for Medicaid during a period of unemployment, and then she did not terminate her Medicaid benefits after she found a new job. In most cases like this one, an experienced Medicaid fraud lawyer can negotiate a settlement that avoids any lawsuits or criminal charges. Unfortunately, this woman made a big mistake. As a result, she has been arrested and charged with a serious crime. Her mistake was meeting with the Medicaid fraud investigators alone. The investigators did not ask her many questions. They just wanted her to admit that she signed the application for Medicaid benefits, and that she continued to receive Medicaid benefits after her income increased. Based on her admissions, the investigators referred the case to the District Attorney for criminal prosecution. The District Attorney charged her with a felony, Grand Larceny in the Third Degree, because the total amount of Medicaid benefits she received exceeded $3,000. If convicted, she faces possible prison time and a permanent criminal record. All of this could have been avoided if she had simply consulted with an experienced Medicaid fraud lawyer. Her lawyer would have met with the investigators on her behalf. Without her admissions, the investigators would not have had such a strong case. They would have been much more likely to negotiate a settlement with no criminal charges. If you receive a letter from Medicaid fraud investigators, remember this: The investigators are not on your side. They already believe that you have done something wrong. Their main objective is to develop the evidence against you. Consult with an experienced Medicaid fraud lawyer before you speak with the investigators. To schedule a free and confidential consultation, call John Howley, Esq. at (212) 601-2728.
The NYC Bureau of Fraud Investigation is responsible for investigating Medicaid fraud. If you receive a letter from investigators in this bureau, it means that they believe you provided false or incomplete information on an application for Medicaid or Family Health Plus benefits. The Medicaid fraud investigators already know a lot about you. They have compared the information on your application with property records, car registration records, business records, and other public databases. They have your credit reports, which reveal how many credit cards you have, your average balances, and other information about your assets, expenses, and income. They may know your bank balances and they may have payroll records from your current or past employers. In most cases, the investigators have already visited your home and place of employment. They may have pictures of your home, your car, and the people who live with you. They may have spoken with your employer and neighbors. The investigators want you to come in for an “interview” at one of their offices, either 151 West Broadway or 250 Church Street. At the interview, two investigators will interrogate you in a small, windowless room. One will ask questions, while the other one will take notes. If you turn over financial records, they will make copies and question you about details in the records. Anything you say can and will be used against you. You have the right to consult with a lawyer before meeting with the investigators. You also have the right to bring a lawyer with you to the interview. In fact, in many cases, you can avoid the interview by having your lawyer meet with the investigators instead. In some cases, where the evidence is not clear, your lawyer may convince the investigators that you did nothing wrong. Or your lawyer may convince the investigators that you were eligible for benefits during at least some of the months or years at issue. In other cases, your best option may be to negotiate a settlement to avoid a lawsuit or criminal charges. Every case is different. You need to consult with an experienced Medicaid fraud lawyer to find out what is likely to happen in your case and how you should respond. In all cases, you want to avoid criminal charges or a public lawsuit that can affect your career, your credit score, and your reputation. Any settlement you negotiate should reduce the claim to the lowest possible amount by eliminating any penalties, fines, or interest. You may be able to do that on your own in some cases, but in most cases an experienced lawyer who negotiates with the investigators all the time will get a better result. To schedule a free initial consultation with an experienced Medicaid fraud lawyer, call John Howley, Esq. at (212) 601-2728.
New York City is cracking down on false statements on applications for Medicaid and Family Health Plus benefits. Many applicants are being charged with serious crimes including felonies. It is now more important than ever to treat a Medicaid fraud investigation seriously. Most Medicaid fraud criminal cases fall into one of the following categories:
If you received health insurance benefits worth at least $3,000 (which is typical if you received benefits for at least one year), the charges against you may include Class D Felonies, such as Grand Larceny in the Third Degree and Welfare Fraud in the Third Degree. If convicted on either charge, you could be sentenced to up to seven years in prison. You may also be charged with Offering a False Instrument for Filing in the First Degree. This is a Class E Felony and carries a possible sentence of up to four years in prison. It is very important to consult with an experienced Medicaid fraud lawyer as soon as you learn of an investigation. The best results can usually be achieved if you get a lawyer involved immediately when you receive a letter or phone call from the Bureau of Fraud Investigations. By meeting with the investigator early in the process, your lawyer may be able to negotiate a settlement and avoid criminal charges. To schedule a free and confidential consultation with an experienced Medicaid fraud lawyer, call John Howley, Esq. at (212) 601-2728.
When the Bureau of Fraud Investigation believes someone has committed Medicaid fraud, they send the person a letter asking them to come in for an “interview.” The letter also asks the person to bring their tax returns, bank statements, and other financial records. If you appear for an interview, you will be placed in a small room with two investigators. Most of the rooms have no windows. The investigators will close the door and start asking you questions. One investigator will ask the questions while the other one will write down what you say. The investigators will ask where you live, who lives with you, where you work, how much you earn, and how much you have in the bank, mutual funds, or other investments. They will ask about any cars or property you may own. They will ask about your expenses for housing, utilities, food, child care, transportation, clothing, etc. If your expenses are more than your income, they will question how you can afford to support yourself. What the Investigators Already Know The investigators already know most of the answers to these questions. They already have your applications for benefits. They have property records, car registrations, payroll and business records. They have been to your home, and they may have pictures of you and the people who live with you. The investigators have already found something that appears to be inconsistent with your applications for health insurance benefits. Sometimes there is an innocent explanation for the inconsistency. The problem is, the investigators already think you are guilty. Turning Over Tax Returns and Bank Statements If you turn over your tax returns and bank statements, the investigators will leave the room to make copies. They will be gone for a while, because they will review your tax returns and bank statements line by line. They will look for income, bank deposits, and transfers that are inconsistent with the income and assets you claimed on your applications for benefits. They will look for checks, withdrawals, and other payments that are inconsistent with the expenses you claimed. In other words, the investigators will use anything you say and anything you give them to bolster their case against you. If they conclude that you did not tell the truth on your applications for benefits, the investigators may refer your case to the City’s lawyers who will file a lawsuit against you. If the investigators believe that you intentionally made false statements on your applications for benefits, they may refer your case to the District Attorney for criminal prosecution. What Should You Do? You must respond to the investigator’s letter, but you do not have to face the investigators alone. Indeed, you may not have to face the investigators at all. If you retain an experienced Medicaid lawyer, your lawyer can meet with the investigators on your behalf. Your lawyer will review your tax returns, bank statements, and other financial records before he meets with the investigators. Once he understands your situation in detail, your lawyer will meet with the investigators to discuss a resolution of the investigation. In many cases, an experienced lawyer can negotiate a settlement with the investigators to avoid any lawsuits or criminal prosecutions. To schedule a free consultation with an experienced Medicaid lawyer, call John Howley, Esq. at (212) 601-2728.
A letter from the NYC Bureau of Fraud Investigation means that you are a target in a Medicaid fraud investigation. How you respond to that letter can mean the difference between a minor inconvenience and a major problem. Here are the three biggest mistakes people make when they get a letter from the Bureau of Fraud Investigation: Big Mistake #1: Ignoring the Letter or Failing to Respond Many cases at the Bureau of Fraud Investigation can be resolved without going to court. In many cases -- even if the investigator believes that you were not entitled to benefits -- your lawyer can negotiate a settlement that avoids a lawsuit, avoids harming your credit score and, most importantly, avoids a criminal prosecution. When you fail to respond to the letter, however, the investigator must decide whether to refer your case to the City's lawyers for a collection lawsuit or to the District Attorney for a criminal prosecution. Once the investigator refers your case to the lawyers, you end up in court. That means there is a public record accusing you of fraud. That record may show up on your credit report and background checks when you apply for employment. You may also have a judgment entered against you, which can result in liens on your property and garnishment of your wages. And if your case is referred for criminal prosecution, you could end up with a criminal record that will follow you for the rest of your life. Do not ignore a letter from the Bureau of Fraud Investigation. Arrange a free and confidential consultation with an experienced Medicaid lawyer by calling John Howley, Esq. at (212) 601-2728. Big Mistake #2: Thinking You Can Outsmart the Investigator The investigators are trained professionals with college degrees in criminal justice, accounting, and related fields. They already know where you live, who lives with you, where you work, and how much you earn. They may even have photographs of you, your home, your car, and the people who live with you. When you show up for an "interview," they will place you in a small room with two investigators. One will question you while the other one will write down everything you say. If you say anything that is inconsistent with what they already know -- even if you make an honest mistake -- they will assume that you are trying to lie to them. That is when your case can change from a minor issue to a criminal prosecution. You do not have to face the investigators alone. Your lawyer can often avoid the need for an "interview" by negotiating with the investigators directly. To find out how, schedule a free consultation with John Howley, Esq. by calling (212) 601-2728. Big Mistake #3: Refusing to Get Professional Help Medicaid and Family Health Plus are very complicated programs. There are hundreds of pages of rules and regulations. The Bureau of Fraud Investigation also has its own procedures that determine when and how they will settle a case, when they will refer it for a civil lawsuit, and when they will refer it for criminal prosecution. It is easy to make a costly mistake if you do not know the rules. An experienced Medicaid lawyer can help you avoid making those mistakes. Getting an experienced Medicaid lawyer on your side is also the best way to minimize the risk of a lawsuit or criminal prosecution. To schedule a free consultation with an experienced Medicaid lawyer, call John Howley, Esq. at (212) 601-2728.
Medicaid fraud investigations are often resolved by negotiating a settlement agreement with the investigator. In many cases, an experienced Medicaid fraud lawyer is able to avoid criminal charges and civil lawsuits, even when the client is technically guilty of Medicaid fraud. But a large number of investigations result in criminal prosecutions. This can result in restitution orders, fines, probation, and even prison sentences. In addition, a conviction means a criminal record that will make it difficult for you to obtain employment in the future. The possible penalties and consequences for Medicaid fraud are: Restitution Orders. If you are found guilty of Medicaid fraud, you may be required to make restitution by paying back benefits for any time period when you were not eligible. The restitution may be part of a settlement with the investigator, or it may be the result of a court case. In either event, an experienced Medicaid fraud lawyer can save you money by negotiating the best possible restitution agreement. Civil Judgments. The Bureau of Fraud Investigation has the authority to refer your case for civil litigation. This means that a lawsuit will be brought against you. The lawsuit can result in a judgment requiring you to pay money back to Medicaid. It can also harm your credit score because the lawsuit and judgment will show up on your credit reports. Liens and Garnishment of Wages. If you fail to pay a civil judgment, the government may place a lien on your home, garnish your wages, freeze your bank accounts, and take other action to collect the money from you. You should consult with a lawyer as early in the process as possible to avoid these collection efforts. Disqualification from Medicaid. A finding that you committed Medicaid fraud can result in the loss of Family Health Plus or Medicaid benefits. You may also be disqualified from receiving such benefits in the future. Criminal Prosecution. The Bureau of Fraud Investigation may refer your case to the District Attorney for criminal prosecution. You will be asked to report to the District Attorney's office where you will be handcuffed and processed by a detective. The processing includes having your fingerprints and mugshot taken. Depending on how busy the detectives are, you could spend the night in jail. Fines, Prison, and Probation. If convicted of Medicaid fraud, the punishment often includes a restitution order, a monetary fine, and mandatory court fees amounting to tens of thousands of dollars. In very serious cases of Medicaid fraud, you can be sentenced to prison and/or probation. How to Protect Your Rights The investigator has asked you to come in for an "interview" because he or she already believes that you are guilty of Medicaid fraud. Anything you say to the investigator may be used against you in civil litigation or a criminal prosecution. The best way to protect your rights and avoid terrible consequences is to consult with an experienced Medicaid fraud lawyer as soon as possible. After reviewing your particular situation, your lawyer may be able to convince the investigator that you did, in fact, qualify for Family Health Plus or Medicaid benefits. Even if the investigator determines that you were not eligible for benefits, your lawyer can often negotiate a settlement agreement that avoids any lawsuits, arrests, or criminal prosecutions. Your lawyer may also be able to negotiate a settlement that reduces the amount of restitution and allows you to pay in installments with no penalties or interest. To schedule a free and confidential consultation with an experienced Medicaid fraud lawyer, call John Howley, Esq. at (212) 601-2728 or complete the request form on this page.
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