Preserving an Oral Surgeon's Reputation
After an investigation lasting nearly four years, the California State Attorney General moved to dismiss all criminal charges alleging billing fraud against our client, a prestigious physician and oral surgeon. The dismissal was outright, with no admission of guilt or other wrong-doing by our client.
Our client faced felony charges alleging Medi-Cal billing fraud and grand theft, said to be perpetrated against the California Denti-Cal program. If convicted the charges may have led to imprisonment, fines, and restitution of an unspecified amount. Due to the insufficiency of evidence that we helped to establish through intensive investigative interviews and written expert opinions, the deputy attorney general dismissed the case two weeks before the criminal trial was set to commence.
Our healthcare litigators responded to the initial investigation from the time the search warrant was executed. We acted quickly and retained experts to review all of the clinical records alleged to be evidence of fraud. We coordinated an investigation whereby percipient and character witnesses were interviewed by a private investigator, and written expert opinions were prepared. Based on the information gained through the investigation and expert review, we made a written offer of proof to the deputy attorney general urging him to not file charges. When charges were filed, we helped coordinate the evidence with criminal defense counsel, who took the lead in preparation for trial.
This dismissal vindicated our client entirely and, as a practical matter, confirmed that the analysis Nossaman had provided to the Attorney General was correct. This whole process, now confirmed to have been clearly unwarranted, disrupted the client's life for several years.