Author: Brian J. Kuester

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What to Do If Your Business in California or Texas Is Under Investigation by ICE or DHS

With the national spotlight on our country’s southern border, U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Homeland Security (DHS) are ramping up their efforts to target businesses that hire illegal immigrants in Texas and Southern California....Read More

What Health Care Providers Need to Know about the Anti-Kickback Statute Safe Harbors

The Anti-Kickback Statute (AKS) prohibits health care providers from paying or receiving compensation for referrals involving federal program beneficiaries. However, the AKS “safe harbors” scale back the statute’s broad prohibitions in many circumstances. For health care providers who bill Medicare,...Read More

Glossary: What Health Care Providers Need to Know about Federal Fraud Investigations

As a health care provider, facing a federal fraud investigation can be a trying experience. Here are explanations of some of the key terms you are likely to encounter during the government’s inquiry. Similar to medicine, the field of health...Read More

Can a Qui Tam Lawsuit Lead to Federal Criminal Charges?

The qui tam (or “whistleblower”) provisions of the False Claims Act serve an important role in the government’s fight against fraud. Unfortunately, they are often abused. And they can expose health care providers and other businesses to significant civil and...Read More

7 Defense Strategies to Prevent a Health Care Fraud Investigation from Leading to Criminal Charges

When facing a federal health care fraud investigation, your number one priority must be to prevent the investigation from leading to criminal charges. Depending upon the circumstances involved, here are seven defense strategies you may have available. As a health...Read More

What Makes a Drug Crime a Federal Offense?

While many types of crimes can be prosecuted under state or federal law, drug crimes are unique in that similar offenses are routinely prosecuted at the state and federal levels. The prohibitions under state and federal law are similar (e.g.,...Read More

What Charges Can Result in the Loss of a Medical License?

Facing a federal investigation or being placed under arrest can trigger disciplinary action by your state medical licensing board as a licensed medical professional. In most cases, a conviction is not required in order for a state licensing board to...Read More

What Can You Expect during a DEA Audit?

As a health care provider who prescribes or dispenses medications to patients, your practice is subject to oversight by the Drug Enforcement Administration (DEA). In addition to maintaining your DEA registration, you must ensure ongoing compliance with the Controlled Substances...Read More

What Are the Different Actions That Constitute Tax Fraud?

As a resident of the United States, a US citizen living abroad, or the owner of a business or health care practice located in the US, you owe annual obligations to the Internal Revenue Service (IRS). If you fail to...Read More

What Is Conspiracy to Use Identification Information (18 U.S.C. 1028(a)(7); 18 U.S.C. 371)?

Under federal law, it is illegal to possess, use, or sell another person’s identification documents for an unlawful purpose. This prohibition exists under 18 U.S.C. 1028(a)(7), a provision of one of the primary federal identity theft statutes. Like most other...Read More

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