5 Urgent Steps to Take Today If You’re Under Investigation by the Healthcare Task Force

Step One: Cease All Communication with Investigators Immediately

In my 25 years as a federal prosecutor, I witnessed countless individuals walk into voluntary interviews without counsel, believing they could explain away a billing irregularity or a referral arrangement. The Healthcare Task Force, a joint operation between the Department of Justice, the FBI, and the Department of Health and Human Services Office of Inspector General, is trained to elicit damaging admissions even from innocent professionals. You have a Fifth Amendment right against self-incrimination, and exercising that right by refusing to speak without your attorney present cannot be used against you at trial. If an agent contacts you by phone or appears at your office, politely state that you are unable to discuss any matter without your lawyer and end the conversation. Remember, anything you say—even a seemingly harmless comment about a billing code—can be twisted into a false statement charge under 18 U.S.C. § 1001. Do not attempt to negotiate, explain, or “clear the air” on your own, because the Task Force’s goal is to secure an indictment, not to resolve misunderstandings.

Step Two: Implement a Comprehensive Document Preservation Protocol

Once you suspect you are under investigation, you must immediately issue a written litigation hold to all employees, contractors, and IT personnel directing them to preserve all records related to Medicare, Medicaid, private insurance claims, patient referrals, and financial transactions. The Healthcare Task Force often relies on the destruction of evidence as a separate felony under 18 U.S.C. § 1519, which carries up to 20 years in federal prison for anyone who alters, destroys, or conceals records with the intent to obstruct a federal investigation. You should not delete emails, shred physical documents, or wipe hard drives, even if those records appear incriminating or redundant. Work with your attorney to conduct a privileged internal assessment of your document inventory, so we can identify potential problem areas before the government serves a subpoena or search warrant. In my experience, clients who demonstrate good-faith compliance with preservation obligations often receive more favorable consideration during plea negotiations, while those who destroy evidence face mandatory minimums and sentencing enhancements. Do not rely on your internal compliance officer to handle this alone—the attorney-client privilege must be established from the moment you retain counsel to protect your internal review.

Step Three: Retain Experienced Federal Defense Counsel Before Any Formal Process Is Served

The single most critical decision you will make during a Healthcare Task Force investigation is when to hire a lawyer, and the answer is always before the government formalizes its case. If you wait until a grand jury subpoena arrives or federal agents execute a search warrant at your clinic or hospital, the government has already developed a theory of criminal liability against you. Under the Federal Rules of Criminal Procedure, Rule 6(e) governs grand jury secrecy, meaning you will have no right to see the evidence the government has gathered until after an indictment is unsealed. An experienced federal defense attorney can engage in pre-indictment advocacy, including presenting a white paper to the Assistant United States Attorney that highlights weaknesses in their theory and potentially persuading them to decline prosecution. I have personally represented healthcare providers who avoided indictment entirely by proactively demonstrating that their billing practices complied with the Stark Law (42 U.S.C. § 1395nn) and the Anti-Kickback Statute safe harbors. Do not rely on your corporate counsel or a local general practitioner—healthcare fraud is a specialized area requiring familiarity with the Civil Investigative Demand process, the False Claims Act's qui tam provisions, and the federal sentencing guidelines for fraud offenses.

Step Four: Conduct a Privileged Internal Investigation to Identify Potential Exposure

Once you have retained counsel, we will immediately launch a confidential, attorney-directed investigation into your coding practices, referral relationships, marketing agreements, and documentation protocols to identify any conduct that could be characterized as fraudulent under federal law. The Healthcare Task Force typically focuses on three core violations: submitting claims for services not rendered (false billing), paying or receiving kickbacks for patient referrals under the Anti-Kickback Statute, and violating the Physician Self-Referral Law commonly known as Stark. During this internal review, we will interview key personnel under the protection of the attorney-client privilege and the work product doctrine, ensuring that any findings cannot be subpoenaed by the government. If we discover overpayments or improper coding, we can guide you through the voluntary disclosure process under the Civil Monetary Penalties Law (42 U.S.C. § 1320a-7a), which may reduce or eliminate treble damages. In one matter I handled, a timely internal investigation revealed that a billing supervisor had intentionally upcoded evaluation and management services, and by self-disclosing to the OIG, we secured a non-prosecution agreement for the corporate entity. Do not attempt to conduct this investigation using in-house staff or non-attorney consultants, because those communications are not privileged and can be used directly against you in court.

Frequently Asked Questions

Q: What is the difference between a target letter and a grand jury subpoena, and which one is more serious?
A: A target letter, issued under the United States Attorneys' Manual Section 9-11.153, formally notifies you that you are a target of a federal grand jury investigation and that indictment is likely imminent. A grand jury subpoena, governed by Federal Rule of Criminal Procedure 17, compels you to produce documents or testify but does not necessarily mean you are a target. In my experience, a target letter is far more serious because it indicates the government already believes it has sufficient evidence to charge you. You must contact a federal defense attorney immediately upon receiving either document, but a target letter requires an urgent response because the government may seek an indictment within weeks.

Q: Can the Healthcare Task Force seize my personal assets before I am convicted?
A: Yes, under the criminal forfeiture provisions of 18 U.S.C. § 982 and 21 U.S.C. § 853, the government can seek a restraining order freezing assets it alleges were derived from healthcare fraud, including bank accounts, real estate, and business interests. The Task Force frequently files ex parte motions for restraining orders before indictment, meaning you may not have an opportunity to contest the seizure until after your assets are frozen. If you are under investigation, it is critical to work with your attorney to document the legitimate sources of your income and assets so we can challenge any overbroad forfeiture request. I have successfully argued that certain assets were purchased with pre-tax income from legitimate medical services, thereby excluding them from the government's forfeiture theory.

If you believe you are under investigation by the Healthcare Task Force, time is not on your side. Contact our firm immediately for a confidential consultation. In my 25 years as a federal prosecutor and now as a defense attorney, I have seen providers lose their licenses, their practices, and their freedom because they waited too long to act. We will review your situation, advise you on your rights, and develop a strategy to protect your reputation, your assets, and your liberty. Do not speak to anyone about this matter—call us today.