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Health care fraud can bring harsh penalties. A strong defense is imperative.


One of the more aggressively pursued white collar crimes are those involving fraudulent health care crimes. In many cases, these charges will involve state as well as federal charges of insurance fraud. At Solomon Richman P.C. we are experienced in handling a wide range of health care fraud charges including:

  • Falsification of records – it is possible to work for a health care provider who is not providing proper information for client records. If you work for any type of provider who is padding the records to allow for additional billing opportunities, you could face health care fraud charges.

  • Stark violations – the Stark Laws prohibit health care providers to engage in referral business when they benefit from such referral financially. This means, for instance, that when there is more than one physician in a family, chances are a referral has to be done very carefully. Stark Law violations can result not only in a charge of health care fraud but also cause licensure issues.

  • Billing violations – when a physician or other medical professional bills improperly for services not performed, for tests that are not run, or for medical equipment that is not necessary for the patient’s care, they may be facing health care fraud charges.


Under New York Statutes, health care fraud may be charged as a misdemeanor or a felony. Misdemeanor charges typically involve claims of less than $1,000. The specific degrees of insurance fraud are first degree, second degree, third degree and fourth degree felonies.

  • First degree – falsified insurance claims of at least $1,000 but not more than $3,000

  • Second degree – falsified claims of at least $3,000 but not more than $50,000

  • Third degree – falsified claims of at least $50,000 but less than $1,000,000

  • Fourth degree – falsified claims of any amount over $1,000,000


The penalties for these charges are harsh, with jail sentences ranging from a minimum of four years in state prison upwards to twenty-five years. In addition to facing health care fraud charges, there is also the possibility of facing larceny or grand larceny charges.


It is important to remember that while these are state level charges, there may be additional federal charges under Medicaid and Medicare laws that could be faced. Any physician or health care worker who believes they are under investigation for health care fraud should immediately contact a New York white collar criminal defense attorney. Not only are these charges very serious, they can also impact your license to practice medicine.


At Solomon Richman, PC we have the experience and knowledge needed to help fight health care fraud charges. We have a firm understanding of all heath care fraud statutes and we will fight aggressively to protect your rights. Call us at (516) 437-6443 if you believe you are being investigated for bank fraud. We’ll work diligently to defend you and preserve your good name.

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