What to do if you became a subject of Medicaid Fraud Investigation in New York

Many of my clients recently received Medicaid
Fraud Investigation letter from Human Resources Administration, Bureau of Fraud
Investigation.  If you do not qualify for
the Medicaid Benefit and you may have made false statements about the your
income, your marital status, your living arrangements, or in other words your
actions were not in accordance with legal requirements of Medicaid Benefits,
you will receive a Fraud investigation letter telling you that you are under
investigation for Medicaid Fraud and that you need to appear for an Interview
with an Investigator.
Upon receipt of such letter, it is imperative
that you contact an attorney IMMEDIATELY.  Remember, in order to qualify
for the most Medicaid programs in New York City, you have to be New York City
Resident and you have to be financially eligible. Very often such cases
have criminal consequences. Make sure to protect yourself and your family from
being criminally charged and imprisoned for something that could be resolved by
a professional attorney.
When you apply for Medicaid, you fill out an application, and you are expected
to disclose all sources of income, not just from your
work, but also from any other source.  It may be the rental income that
you have, or any gifts that you receive or any dividends from a business.
Moreover, if your income or marital status changes, you are required to report
all changes immediately to the Medicaid Office and not wait until your Medicaid
certification expires.
If you are already a Medicaid recipient and a discrepancy with the facts of
your case turn up, you will become a target of a Medicaid Fraud Investigation.
If you have been a target of an Investigation, your case would be assigned to
an Investigator with a Bureau of Fraud Investigation (BFI).  There are
several steps or actions that they can conduct:
–          Investigation
can take from weeks to months
–          Investigators
gather all information they can about
–          They
may contact your employers
–          They
may contact your neighbors
–          They
may contact your tenants
–          They
may follow you
–          They
may take photos of your business, your home, and your cars
–          They
may contact the DMV; verify your address and your car registration,
–          They
may use specialized search to look up property purchase and mortgage
At some point, the investigator will call you
in for an Interview.  Many people don’t know their legal rights, and in
this case, how to act, if you receive a letter from Investigator. You may feel
like being under pressure, you may start talk with investigator to clarify the
situation, but this is the wrong way to do. Everything that you say to an
Investigator, every statement that you make, the Investigator may use against
you and you can be prosecuted.  Besides you can assume that the
Investigator has a lot of information about you. However they still want you to
come in and hope to get some self-incriminated statements or get some harder to
obtain documents, such as your tax returns, or any other missing pieces to
build their case against you.
Important thing is, do not speak with them,
you don’t have an obligation to speak with them directly. In this case you need
professional help from attorney, who has better experience and knows such
cases, how to handle and to protect your legal rights and, the most important
thing how to avoid prosecution and all of the criminal consequences.
For example: One of our clients, who received
such letter, is a very well established person. He owns a house, where he lives
with his family, two cars and runs his own business. Attorney Inna Fershteyn
managed to completely close the case without any financial or legal
consequences for the client. Another example is when a family was investigated
for Medicaid Fraud and during the interview it turned out that this is their
second investigation, which is considered to be second degree offence and is
definitely can become a criminal case. Attorney Inna Fershteyn settled the case
so that the clients only had to pay a fine and avoided any criminal
prosecutions and therefore kept their record clean.
When you call Law Office of Inna Fershteyn and Associates at 718-333-2394 we will contact Investigator to shut down
any communications between investigator and client, we will meet with
Investigators to work out deal, and bring case to settlement before case is
referred to district attorney’s office.
If you are a target of a public benefits fraud
investigation, do not take any chances and call the lawyer. Your case may be
relatively easy to resolve. Do not make it worse by speaking with an
Investigator, you have no duty to speak with them, protect yourself and call us
today, we will answer your questions and show you what can be done.
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, 4 Fl
Brooklyn, NY 11235
tel. 718-333-2394
fax. 718-701-8859

1 thought on “What to do if you became a subject of Medicaid Fraud Investigation in New York

  1. Ada Huang

    Previous review from client:

    Inna Fershteyn is excellent attorney. I saw several attorneys before and none of them helped. My company was supposed to repay a huge amount back to Medicaid. We were under Medicaid Fraud Investigation. Inna gave us excellent advise and helped us to stay in business.
    I would recommend her office and would come back in case I need any legal advise.

    Law Office of Inna Fershteyn
    1517 Voorhies Avenue, Suite 4 Brooklyn NY 11235

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