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Is it legal for doctors to pay referral fees for patients?

Answer:

No, it is not. Referral fees are illegal and are prosecuted by the federal government as kickbacks, especially if government medical insurance (Medicare and Medicaid) is used. Consider the case of U.S. v. Babaria, decided on December 31, 2014 by the Third Circuit Court of Appeals. Dr. Babaria, a radiologist, owned a business that provided diagnostic testing, including MRI's, CT scans and ultrasounds. From 2008 through 2011, he paid other physicians to refer their patients to his facility for diagnostic testing. He then billed Medicare and Medicaid for the testing procedures he performed. There was no evidence that he falsified patient records, billed for testing that was not medically necessary or otherwise compromised patient care. In other words, Dr. Babaria did everything right...except he paid the doctors who referred their patients to him referral fees. As a Jacksonville criminal defense lawyer, I have represented doctors and those involved in the health care field with these types of issues.

Are more government agencies using undercover operations?

Answer:

Yes, they are. In a front page article in "The New York Times", dated November 16, 2014, the federal government has significantly expanded undercover operations in recent years, with officers from at least 40 agencies posing as business people, welfare recipients, political protesters and even doctors and ministers to ferret out wrongdoing. At the Supreme Court, small teams of undercover cops dress as students at large demonstrations outside the courthouse and join the protesters to look for suspicious activity. At the Internal Revenue Service, dozens of undercover agents chase suspected tax evaders worldwide, by posing as tax preparers, accountants, drug dealers or yacht buyers. At the Agriculture Department, more than 100 undercover agents pose as food stamp recipients at thousands of neighborhood stores to spot suspicious vendors and fraud. As a Jacksonville criminal defense attorney, I have seen undercover cops used in many different situations.

Can a prosecutor appeal a sentence of probation in federal court?

Answer:

Yes a prosecutor can appeal a sentence of probation in federal court. As a Jacksonville criminal attorney, I can say it doesn't often happen, but the case of U.S. v. Hayes, decided by the 11th. Circuit Court of Appeals, on August 12, 2014, is an example of when it can happen and why. Mr. Hayes is a 67 year old businessman who- over a period of four years- doled out over $600,000. in bribes to a state official in order to ensure that his company would continue to receive government contracts. Hayes' company reaped over five million dollars in profits as a result of the corrupt payments. Hayes ran a computer software company. He bribed Roy Johnson, the chancellor of the education department, to have school contracts awarded to Hayes' company for computer software services.

Can I get my charges dismissed based on outrageous government conduct?

Answer:

Yes, it's possible, to get your charges dismissed, especially if you're in federal court. Reverse sting operations are all the rage these days (think police posing as underage girls on- line in order to get people to agree to meet with them for sex). The police are always coming up with ingenious ways to ensnare people who normally wouldn't be inclined to commit crimes. Of course, sometimes they go too far. As a Jacksonville criminal attorney, I have witnessed the various police agencies engage in what I believed to be outrageous government conduct.

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