Health Care Fraud Lawyer Fairfax County — Federal Defense Strategy
Health care fraud is a serious federal crime prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia. If you are under investigation or charged, you need a health care fraud lawyer Fairfax County with federal experience. Law Offices Of SRIS, P.C.
Federal Health Care Fraud Law
Health care fraud is primarily prosecuted under federal law, specifically 18 U.S.C. § 1347. This statute makes it a crime to knowingly execute, or attempt to execute, a scheme to defraud any health care benefit program or to obtain money or property from such a program through false pretenses. The law covers a wide range of activities, from simple billing errors made with fraudulent intent to complex, multi-million dollar schemes. Violations are felonies, with penalties escalating based on the amount of loss and whether the fraud resulted in serious bodily injury or death.
Last verified: April 2026 | U.S. District Court for the Eastern District of Virginia | Virginia General Assembly
Official Legal Resources
Understanding the statutes is critical. The full text of the federal health care fraud statute is available from the official U.S. Government Publishing Office: 18 U.S.C. § 1347. For local procedure, the U.S. District Court for the Eastern District of Virginia website provides rules, forms, and filing information for cases in Alexandria, which handles Fairfax County federal matters.
handling a Federal Health Care Fraud Case in Fairfax County
Federal health care fraud cases in Fairfax County typically begin with an investigation by agencies like the FBI, HHS-OIG, or DEA. These investigations are lengthy and secretive. The first official step is often a grand jury subpoena for records or testimony. Unlike state court, there is no preliminary hearing; a case proceeds upon a grand jury indictment. The U.S. Attorney’s Office for the Eastern District of Virginia, known for its aggressive prosecution of white-collar crime, leads these cases. Defense strategy must start at the investigative stage to potentially avoid indictment.
- Initial Investigation: You may receive a subpoena, a target letter, or be approached by federal agents. Do not speak to investigators without your attorney present.
- Grand Jury Proceedings: The prosecution presents evidence to a secret grand jury. Your attorney can advise on responding to subpoenas and, in some cases, negotiate for you to testify.
- Arraignment & Initial Appearance: If indicted, you will be arraigned in U.S. District Court, where charges are formally read, and bail conditions are set.
- Discovery & Motions: Your defense team will review voluminous evidence (often terabytes of data) and file pre-trial motions to challenge the admissibility of evidence or dismiss charges.
- Plea Negotiations or Trial: Most federal cases end in a plea agreement. If no agreement is reached, the case proceeds to a jury trial where the government must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, sentencing follows federal guidelines, which are often severe and include mandatory restitution to government programs.
Potential Penalties for Health Care Fraud
In federal court, health care fraud under 18 U.S.C. § 1347 carries a base penalty that increases dramatically with the scale of the fraud and any resulting harm.
| Offense Level | Potential Incarceration | Potential Fine | Additional Consequences |
|---|---|---|---|
| Basic Fraud | Up to 10 years | Up to $250,000 (individual) / $500,000 (organization) | Mandatory restitution; forfeiture of assets |
| Fraud causing serious bodily injury | Up to 20 years | Up to $250,000 (individual) / $500,000 (organization) | Mandatory restitution; forfeiture of assets |
| Fraud resulting in death | Any term of years or life | Up to $250,000 (individual) / $500,000 (organization) | Mandatory restitution; forfeiture of assets |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Federal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex federal cases. Our firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand that a health care fraud charge is not just a legal problem but a threat to your professional license, livelihood, and reputation. Our approach involves collaborating with forensic accountants and medical experts to build a defense that addresses both the legal and factual details of your case.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Our Approach to Health Care Fraud Defense
We have represented medical professionals, practice administrators, and business owners in federal investigations. In one case involving allegations of a complex healthcare scheme charge, our defense team, including Mr. Sris and Matthew Greene, successfully negotiated with prosecutors to prevent indictment after demonstrating that billing irregularities were due to a misunderstanding of complex Medicare rules, not criminal intent. In another, we secured a favorable plea agreement that avoided prison time for a clinician accused of medical billing fraud.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fairfax County Health Care Fraud Defense Lawyers
Our Fairfax location serves clients throughout Northern Virginia facing federal charges. We are accessible from major highways and represent clients at the federal courthouse in Alexandria.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
24/7 phone consultations. Serving Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Health Care Fraud Defense FAQs
What should I do if I receive a federal subpoena related to my medical practice?
Do not destroy any documents or data. Contact a health care fraud lawyer Fairfax County immediately. A federal subpoena is a serious court order. Your attorney will review it, advise on your obligations, and can often communicate with the prosecutor to narrow its scope or negotiate compliance terms.
Can I go to jail for a simple billing mistake?
It depends. The key element of health care fraud is knowingly executing a scheme to defraud. Isolated, unintentional billing errors are not criminal. However, prosecutors may argue a pattern of “mistakes” shows intent. A medical billing fraud defense lawyer Fairfax County can help demonstrate lack of criminal knowledge.
What is the difference between a civil and criminal health care fraud investigation?
A civil investigation, often led by the Department of Justice or HHS, seeks monetary penalties and restitution under laws like the False Claims Act. A criminal investigation, led by the FBI or HHS-OIG, seeks imprisonment. The same conduct can trigger both, and evidence from a civil case can be used criminally. You need a lawyer experienced in both arenas.
What are common examples of a healthcare scheme charge?
Common schemes include billing for services not rendered, upcoding (billing for a more expensive service than provided), unbundling (billing separately for services that should be bundled), paying or receiving kickbacks for patient referrals, and falsifying diagnoses to justify tests. Each requires a specific defense strategy case-specific to the evidence.
How long does a federal health care fraud case take?
From investigation to resolution, a case can take 1 to 3 years or more. The investigative phase alone can last over a year. After indictment, the Speedy Trial Act sets a 70-day clock to trial, but complex cases often have many excludable delays for motions and evidence review.
Related Practice Areas: If you are facing related charges, our firm also handles Federal Criminal Defense, Business Law, and Civil Litigation in Fairfax County.
More Virginia Help: For defense across the state, see our Virginia Federal Criminal Lawyer hub. We also serve Arlington County and Alexandria.
Page Last verified: April 2026. Federal laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.