investigator left letter saying he needs to talk regarding info which can assist in their investigation ,asking me to call investigator or my attorney to contact s.a..a.g . I contacted my boss she told me to contact corporate attorney.What should I do next if corporate attorney will not respond?They subpoenaed all documents two years ago,I am stuff nurse.Could I be the target?
You have no obligation to speak to the investigator. I suggest that you hire a good criminal defense lawyer to see if you are a target of the investigation. The Attorney General could subpoena you for a deposition.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 17 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Don't make it more complicated than it is. Call back - schedule a time to talk. If you have not engaged in Medicaid fraud, answer the questions - and if you feel YOU are the subject of the Investigation, then contact your attorney.
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Consult your own criminal lawyer such as Richard Levitt in NYC or refuse to answer and expect to be subpoenaed. Do not answer questions w/o counsel.
Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.
You need to hire your own attorney to watch out for your own interests. It is not unusual for employers to make one of their employees the scape goat -- the corporate attorney will be representing your employer, not you. Once you have retained counsel, you and your new attorney may choose to speak with the investigator -- but only with your attorney present. It is easy for medicaid fraud to happen with plenty of ci9vil and criminal liability to spread around. In a medical office, all it takes is an unmonitored over agressive Biller who, not really understanding what medical procedure is really what, nor how they differ, stretches one category of code to another -- and suddenly you have medicare & medicaid fraud issues. Hire counsel, keep safe.
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Make sure to discuss this matter with an attorney who is dedicated to looking out for your interests. The corporate attorney might not be the best place to get the information you need. I would not speak to law enforcement officials until you have consulted with someone. Good luck.
This answer is only for informational purposes and is not meant as legal advice.
The corporate attorney has the corporation's interests as its primary focus and by extension the interests of your employer who pays the bills. I would be shocked if the corporate attorney didn't respond because the employer wants to be aware of what you tell the investigators, if anything. If the corporate attorney is ethical and reputable they would advise you to hire your own attorney to look out solely for your interests, even if your interest conflicts with your employers.
For example, if hypothetically your employer was committing fraud, an attorney should explore what you knew, if anything about the fraud and see if there was any way to use what you knew or didn't know to help you, even if it hurt your employer. There is no way a corporate attorney can make that recommendation to you when strategy that helps you might hurt his other client.
I caution you not to post specific facts in reply or in any comments as they are not privileged or confidential. You should seek a private and privileged confidential consultation with one or more experienced criminal defense lawyers. .
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
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