Employees who got injured on the job are very likely to be eligible for workers’ compensation benefits, regardless of whether or not they were at fault. Because workers’ compensation payments can often be significant, government agencies carefully review claims.
Occasionally, this can lead to innocent claimants being accused of fraud, and because of the complexities of the law some people may be accused of actions they did not realize were illegal. If you or a loved one have been accused of workers’ compensation fraud for any reason, our highly trained attorneys can help.
Many of our attorneys have extensive backgrounds in criminal law, and thoroughly understand the process of defending against a charge of workers’ compensation fraud. Whatever your situation we can help you defend against accusations of workers’ compensation fraud.
We help our clients deal with government investigations for workers’ compensation fraud and ensure they receive the most vigorous possible defense.
If you or a loved one has been charged with workers’ compensation fraud, call us now.
What puts a person at risk of being prosecuted for workers’ compensation fraud?
Under United States Federal Law
Anyone who works as a federal employee and who knowingly and willfully falsifies or conceals essential facts about a workers’ compensation claim or who makes false statements in relation to that claim shall be found guilty of perjury and may be punished by a fine and up to a year in prison.
If the person has falsely obtained benefits above $1,000, they may be punished by a higher fine and up to five years in prison.
The critical factors in a prosecution for workers’ compensation fraud under federal law are whether an individual committed the fraud knowingly and willingly. Prosecutors need to look for evidence that an individual took some action to receive benefits that they should not have been entitled to and that they did so intentionally.
Perjury is a serious crime under United States Federal Law, and anyone who is accused of workers’ compensation fraud should immediately contact a skilled attorney.
Why is it essential to contact a skilled attorney?
To help them understand their rights and how they can defend themselves. If you or a loved one are in such a situation, do not hesitate to contact our experienced team of attorneys now.
It is also important to note that there may be related state laws that individuals who are being prosecuted for federal workers’ compensation fraud may also be prosecuted under. Our attorneys also understand these related crimes and how to defend against such accusations.
What are the specific federal laws related to workers’ compensation fraud?
Under federal law workers’ compensation fraud has been placed into statute as 18 USCA § 1920. False statement or fraud to obtain Federal employees’ compensation. The statutory law has been refined by several significant court rulings.
This is the only statutory federal law that governs federal workers’ compensation fraud. This statute states that if an individual gives any false, fictitious, or fraudulent statements in connection with an application or the receipt of federal workers’ compensation they are to be found guilty of perjury.
What crimes are related to federal workers’ compensation fraud?
False statement or fraud to obtain Federal employees’ compensation as encoded in 18 USCA § 1920 has many related crimes. The consequences of committing federal workers’ compensation fraud are that individuals can be found guilty of perjury.
Perjury itself is encoded in 18 USCA § 1621 which applies when an individual has taken an oath, declaration, or written statement that they will truthfully convey information and when they breach that promise of truthfulness, they may be found guilty of perjury.
Workers’ compensation fraud involves making an intentionally false statement or false claims and therefore fits within the scope of perjury. Since many of the actions that are involved in committing federal workers’ compensation fraud are also components to the related state law workers’ compensation fraud and perjury crimes individuals may be charged with both state and federal crimes.
What are some major workers’ compensation fraud cases?
There have been a handful of significant workers’ compensation fraud cases that have refined the law beyond its plain text in 18 USCA § 1920.
- In one case an individual who had previously been president of his workers’ union and who had a heightened level of familiarity with workers’ compensation fraud law was found guilty of committing fraud. He had submitted paperwork indicating that he did not engage in any form of employment or recreational sports but was later found to be participating in baseball and football coaching. See, U.S. v. Boring, C.A.6 (Ohio) 2009, 557 F.3d 707,
- In another case, it was found that merely making false statements in relations to workers’ compensation claims to a United States Postal Service employee while receiving workers’ compensation benefits was sufficient to constitute fraud even though none of his statements were ever relayed to the Department of Labor. See, U.S. v. Slaton, C.A.11 (Ala.) 2015, 801 F.3d 1308.
- In another recent case, a court ruled that while employees convicted of workers’ compensation fraud may be forced to forfeit all benefits obtained during the scam, there are no restitution provisions in the law, and they may not be forced to pay any additional restitution beyond the amount they fraudulently gained. See, U.S. v. Webber, C.A.7 (Ill.) 2008, 536 F.3d 584.
What agencies investigate and prosecute federal workers’ compensation fraud?
Investigations for federal workers’ compensation fraud and prosecutions for any violations are conducted by the U.S. Department of Labor’s Office of Inspector General. This agency conducts criminal, civil, and administrative investigations relating to violations of Federal laws, rules or regulations.
They also investigate allegations of criminal activity and serious misconduct of DOL employees. Among the other areas governed by the U.S. Department of Labor is the Office of Workers’ Compensation Program.
This agency in coordination with other investigative agencies and officials such as the Attorney General’s office will investigate and prosecute federal workers’ compensation fraud.
What are some of the penalties if you are convicted of federal workers’ compensation fraud?
Individuals who are charged with workers’ compensation fraud face serious consequences if they are convicted. The penalties for being convicted of false statements or fraud to obtain Federal employees’ compensation under 19 USCA § 1920 vary depending on the number of benefits falsely obtained.
If the number of benefits falsely claimed is under $1,000 then an individual may be punished by a fine, or by imprisonment for not more than one year, or both. If the number of benefits falsely claimed is over $1,000, then the individual convicted may be punished by a fine or by not more than five years of imprisonment, or both.
Since these are severe penalties and can include lengthy prison time it is essential to contact a skilled criminal law attorney to handle your case. If you or a loved one have been charged with workers’ compensation fraud, do not hesitate to give us a call.
What are some defenses to federal workers’ compensation fraud?
To successfully prosecute a federal workers’ compensation fraud, charge a prosecutor must prove that an accused individual has violated all elements of the offense under 19 USCA § 1920. Good defense attorneys understand how to successfully defend against such charges by attacking some aspects of the statute to avoid conviction.
Most importantly the law surrounding federal workers’ compensation fraud involves a “knowingly and willingly” standard. A skilled defense attorney such as those on our team has the legal understanding of how to build a case to prove that even if an employee received benefits more than what they were entitled that they did not seek to receive those benefits “knowingly or willingly.”
Through carefully developed legal strategies our attorneys will be able to assist you or your loved ones in defending against charges of federal workers’ compensation fraud.
Why would I need an attorney if I am charged with federal workers’ compensation fraud?
Anyone who has been charged with federal workers’ compensation fraud or who has had a family member charged under the Act should contact a knowledgeable attorney as soon as possible.
Defending against a federal workers’ compensation fraud charge requires an attorney to consider the possible additional crimes with which may be charged including state crimes.
It is also essential to never speak to any investigators or authorities without having first talked with a skilled attorney as the consequences of a conviction can be incredibly severe. If you or a loved one have been charged with federal workers’ compensation fraud, do not hesitate to contact our firm for assistance in defending against these serious charges.
Federal Workers’ Compensation Fraud in the News
Article #1: Former U.S. Postal Service Employee Guilty of Workers’ Compensation Fraud
Charge: Multiple charges in relation to workers’ compensation fraud.
Allegations: false statements, one count of theft, concealing a material fact concerning workers’ compensation claims.
In 2013, Ricardo Rivera-Ortiz a former U.S. Postal Service employee was charged with three counts of false statements for lying to the DOL. One count of theft of government property for lying to the Social Security Administration and a fifth count of concealing a material fact for failing to disclose an improvement in his physical condition.
The defendant was found guilty on all counts. During the trial, multiple forms of evidence were presented to demonstrate that the defendant had been receiving federal workers’ compensation benefits fraudulently.
Because of the severe consequences of the charges the defendant faced a sentence of imprisonment of at least ten years for the theft of government property, at least five years of imprisonment for the false statement and concealment counts.
Article #2: Two Dallas Area Clinic Workers Charged in $5.9 Million Health Care Fraud Scheme
Charge: Multiple charges in relation to workers’ compensation fraud.
Allegations: Multiple fraudulent worker’s compensation claims and conspiracy to commit health care fraud.
A federal grand jury indicted two clinic workers for their roles in a scheme involving approximately $5.9 million in fraudulent DOL claims. These claims included drug screenings, improperly coded physical therapy, and reported writing services.
The Department of Labor alleges that it was defrauded of approximately $5.9 million. While the charges are a mere indictment and all defendants are presumed innocent until proven guilty the two individuals indicted face severe charges.
Article #3: Federal Workers’ compensation Kickback Conspirators Plead Guilty
Charge: Multiple charges in relation to workers’ compensation fraud.
Allegations: Multiple charges concerning the workers’ compensation fraud.
In 2016, two Tampa residents, Lenin Perez, and Lois Luis pleaded guilty to conspiracy and kickbacks. Each individual faces a maximum penalty of five years in federal prison.
According to the plea agreements, the individuals met in federal prison and conspired with each other and with others to pay kickback payments to Perez for his referring injured federal workers receiving care to AmeriMed Diagnostic Services, Inc., a company run by Luis.
The amount of the kickbacks paid to Perez during the conspiracy exceeded $1 million, including approximately $250,000 paid to Perez’s daughter for a “no-show” part-time marketing job.
Looking for a Workers’ Compensation Fraud Attorney? – Call Us Now
Charges of violating workers’ compensation fraud law can have a devastating impact on your family, your reputation, your liberty, and your future.
That is why you need an experienced criminal defense attorney.
Our attorneys understand workers’ compensation fraud prosecutions and can help you understand the charges that are being brought against you or your loved one. We can accompany you to interrogations and ensure that your rights are not violated. Ultimately, our goal is to help you establish a legitimate defense.
We have the knowledge and background to successfully defend anyone prosecuted for federal workers’ compensation fraud charges against any penalties they may face.
We have assisted numerous individuals charged workers’ compensation fraud in the past and would love to help support you in your case.
If you or someone you love has been charged with workers’ compensation fraud, call our attorneys for a free legal consultation.
