White Collar Defense, Internal Investigations, & Regulatory Compliance

Healthcare Fraud

Defense in federal health care fraud prosecutions, from DOJ Fraud Section investigations through jury trial.

Overview

Health care fraud is one of the DOJ's highest enforcement priorities, and the Southern District of Florida is among the most active healthcare fraud enforcement districts in the country. Our attorneys have defended individuals and entities across the full spectrum of healthcare fraud allegations, from billing irregularities to large-scale Medicare and Medicaid fraud conspiracies.

Adam Fels's June 2025 full acquittal of Kenia Valle Boza, charged in a $12 million Medicare fraud conspiracy the DOJ had publicly promoted at healthcare conferences as a landmark enforcement precedent, is the defining example of this practice. The jury acquitted on all counts after four hours of deliberation, rejecting the DOJ's theory that billing supervisors bear personal criminal responsibility for coders' decisions. Franklin Monsour, lead trial counsel for Ms. Valle Boza and now a partner at Dechert LLP (formerly of McDermott Will & Emery), brought Mr. Fels onto the trial team to try the case with him to verdict, a pairing that has become one of the firm's niche practices: national firms retaining FFS for trial-specific reinforcement rather than replacing their own counsel.

Our healthcare fraud defense spans physician, hospital, pharmacy, laboratory, DME, home health, and mental health settings. We represent executives, billing departments, medical professionals, and corporations facing grand jury subpoenas, search warrants, federal indictments, and parallel False Claims Act investigations.

Our Approach

Healthcare fraud cases are won through expert command of the regulatory frameworks governing billing and documentation. The line between a billing error, a regulatory violation, and criminal fraud requires deep knowledge of Medicare and Medicaid rules, and a defense that can demonstrate good faith reliance on those rules. We engage medical and billing experts early to evaluate the government's coding theories and build the defense narrative for trial or pre-indictment resolution.

Representative Experience

Healthcare Fraud

  • Full acquittal of medical billing supervisor

    Secured a full acquittal for Kenia Valle Boza after a two-week jury trial in June 2025 in the Southern District of Florida, defeating the Department of Justice's novel theory extending health-care-fraud, wire-fraud conspiracy, and major-fraud liability to a billing-coding supervisor in a case the government framed at roughly $12 million.

  • Compounding pharmacy CEO sentencing and FCA defense

    Held Patient Care America's CEO to the 0-to-6-month guideline range in February 2024, well below the fifteen months the government sought, after a four-day sentencing tied to a TRICARE fraud valued near $40 million; the firm also handled the civil False Claims Act phase, which resolved in 2019 for more than $65 million with a $21.36 million payment.

  • Pro bono fight for an exonerated client

    Represents Dr. Vanja Abreu pro bono after the Eleventh Circuit threw out her health-care-fraud conviction, and argued her appeal before that court in her fight to be compensated for the roughly three years she spent in prison.

  • Health care fraud sentencing and probation relief

    Represented a client charged with health care fraud in connection with a family member's scheme, helping the client cooperate, reducing restitution, and obtaining a sentence below the Guidelines that avoided incarceration. The firm later obtained early termination of probation after the client served roughly 40% of the term.

  • Nurse-witness in a $192M Medicare fraud prosecution

    Persuaded the DOJ not to charge a nurse employed by a nurse practitioner under federal indictment for a $192 million health care fraud conspiracy. The client cooperated and testified at trial, where the nurse practitioner was convicted and sentenced to 20 years, and has since resumed her career.

Frequently Asked Questions

What is the DOJ's Medicare fraud billing supervisor liability theory?

In recent years, the DOJ has pursued criminal charges against supervisors of medical billing departments on the theory that supervisory responsibility creates personal criminal liability for coders' decisions. In U.S. v. Valle Boza (SDFL, June 2025), Adam Fels secured a full acquittal after trial rejecting this theory entirely. The government had promoted the prosecution at national healthcare law conferences as a precedent.

What should a healthcare company do when it receives a federal grand jury subpoena?

Retain experienced federal criminal defense counsel before producing any documents or interviewing any employees. A healthcare company should implement a litigation hold immediately, brief outside counsel thoroughly, and let experienced attorneys guide the government response strategy. How a company responds to an early subpoena can significantly affect whether the matter escalates to indictment.

Can healthcare executives be personally liable for a company's billing fraud?

Yes. Federal prosecutors regularly pursue criminal charges against executives, medical directors, and billing managers when the company's fraud is serious enough, even if the individual did not personally submit false claims. Defense in these cases requires early assessment of personal exposure, separate counsel if there are conflicts with the company, and strategic decisions about cooperation.

Team

Facing a government investigation?

Time matters. Contact us before the first interview request.

Contact the Firm