Federal Grand Jury Subpoenas in Healthcare Fraud Cases
Strategic Defense from a Trusted New York City Federal Criminal Defense Law Firm
If you or your medical practice has received a federal grand jury subpoena related to a healthcare fraud investigation, it’s not just a bureaucratic request—it’s a clear sign that you are under serious federal scrutiny. Grand jury subpoenas are often the first public indication that the U.S. Department of Justice (DOJ), FBI, or Health and Human Services Office of Inspector General (HHS-OIG) is building a case that could result in criminal indictments, asset seizures, or even prison time.
At Sosinsky Law, we have decades of experience representing physicians, billing companies, administrators, home health agencies, and other healthcare professionals facing aggressive federal investigations in New York City and beyond. We understand the high stakes of these cases and know how to respond decisively to grand jury subpoenas while protecting your rights and positioning you for the best possible outcome.
What Is a Federal Grand Jury Subpoena?
A federal grand jury subpoena is a legal document that compels a person or organization to either:
- Testify before a grand jury (subpoena ad testificandum)
- Produce documents, records, or tangible evidence (subpoena duces tecum)
In healthcare fraud cases, these subpoenas are typically issued by a federal prosecutor (Assistant U.S. Attorney) who is presenting evidence to a grand jury for potential criminal charges. If you’ve received a subpoena, it means that your records, or your testimony, are considered important to the government’s case. You may be:
- A target (likely to be indicted)
- A subject (under investigation but not yet charged)
- A witness (believed to have relevant knowledge)
Do not assume your role is minor. Even as a “witness,” the information you provide could later be used to build a case against you.
Why Are Federal Grand Jury Subpoenas Common in Healthcare Fraud Cases?
Healthcare fraud is one of the most actively prosecuted categories of federal white-collar crime. The government dedicates extensive resources to uncovering fraud involving:
- Medicare and Medicaid billing
- Kickback arrangements
- Upcoding and unbundling
- False or medically unnecessary services
- Durable medical equipment (DME) fraud
- Home health and adult day care fraud
Because these cases often involve thousands of records, multiple employees, and a complex chain of decision-makers, the grand jury subpoena process is used to compel evidence early in the investigation, even before formal charges are filed.
What Kind of Information Is Requested in Healthcare Fraud Subpoenas?
Federal grand jury subpoenas in healthcare cases often seek wide-ranging documentation, including:
- Billing records and claims data submitted to Medicare or Medicaid
- Patient medical records and encounter notes
- Internal communications (emails, texts, memos) among staff or partners
- Contracts or agreements with marketers, labs, or referral sources
- Ownership and corporate structure documents
- Bank records or wire transfer documentation
- Personnel files and time logs
- Compliance policies or training materials
In many cases, the government will ask for records covering multiple years and hundreds of patient files, making it essential to work with a skilled defense attorney who can manage production while asserting legal protections.
Immediate Steps to Take If You Receive a Federal Grand Jury Subpoena
- Do Not Attempt to Handle It Alone – Do not speak with federal agents or attempt to comply with the subpoena without first contacting an experienced criminal defense lawyer. Anything you say or provide may be used against you, or others, in a criminal proceeding.
- Preserve All Documents and Data – Immediately stop any routine data purges, deletions, or changes to records. Spoliation (destruction of evidence) can lead to separate obstruction charges.
- Contact Sosinsky Law Immediately – We will determine your legal exposure, protect privileged materials, negotiate the scope of the subpoena, and develop a strategic response.
How Sosinsky Law Responds to Federal Grand Jury Subpoenas
1. Determine Your Status: Target, Subject, or Witness
The first step is clarifying your role in the investigation. As your defense counsel, we can contact the Assistant U.S. Attorney handling the case to determine whether you are a:
- Target: substantial evidence already links you to wrongdoing
- Subject: your conduct is within the scope of the investigation
- Witness: you are not suspected of wrongdoing but have relevant info
Knowing your status helps determine your level of risk and the appropriate legal strategy.
2. Assess the Legality and Scope of the Subpoena
Many subpoenas are overly broad or intrusive. We may file a motion to quash or modify the subpoena, argue for narrower scope, or request additional time to comply. We also review whether protected health information (PHI) or attorney-client privilege is at risk.
3. Control the Flow of Information
Our firm will manage document production carefully, ensuring compliance while protecting your legal interests. We also evaluate whether any documents may be self-incriminating, and assert your Fifth Amendment rights if necessary.
4. Prepare You for Testimony (If Required)
If you’ve been subpoenaed to testify before a grand jury, we will conduct mock interviews, review potential questions, and ensure you understand the risks of perjury or obstruction. Grand jury proceedings are conducted in secret and without your lawyer present, making preparation critical.
5. Intervene Early to Prevent Charges
When possible, we engage proactively with prosecutors to demonstrate innocent explanations, lack of intent, or non-involvement. Our goal is always to prevent criminal charges before they are filed.
Potential Charges That Follow a Healthcare Fraud Subpoena
Receiving a grand jury subpoena often means the government is building toward a possible indictment. The most common federal charges in these cases include:
- Healthcare fraud (18 U.S.C. § 1347)
- Conspiracy to commit healthcare fraud (18 U.S.C. § 1349)
- False claims (31 U.S.C. §§ 3729–3733)
- Anti-Kickback Statute violations (42 U.S.C. § 1320a-7b)
- Money laundering and wire fraud
- Obstruction of justice if records are withheld or altered
Each of these charges carries severe penalties, including up to 10–20 years in federal prison, massive fines, asset forfeiture, and exclusion from federal healthcare programs.
Frequently Asked Questions
Can I ignore a federal subpoena?
No. A federal grand jury subpoena is legally binding. Failure to comply can result in contempt charges or obstruction of justice allegations.
Does receiving a subpoena mean I’m going to be indicted?
Not necessarily. You may be a witness or subject rather than a target. However, any involvement in a federal healthcare fraud investigation should be taken seriously.
Do I have to turn over everything they ask for?
You may be able to challenge overly broad requests or protect privileged information. Sosinsky Law can help you negotiate the scope of production and assert your legal rights.
What should I do if the subpoena asks for patient records?
Patient records may be protected under HIPAA. We help ensure any production complies with federal privacy laws and limits your liability exposure.
Can my lawyer attend my grand jury testimony?
No. Grand jury proceedings are conducted in secret, and your lawyer cannot be present in the room. However, we prepare you thoroughly and can remain outside the room to consult during breaks.
Contact Sosinsky Law for Healthcare Fraud Subpoena Defense
If you’ve received a federal grand jury subpoena related to a healthcare fraud investigation, every decision you make right now matters. The government is already building its case, you need an experienced defense lawyer to protect your rights and your future.
Sosinsky Law provides aggressive, strategic representation for professionals and businesses facing federal healthcare fraud inquiries in New York City and nationwide. Call us today for a confidential consultation with an experienced federal grand jury subpoena defense attorney in NYC.