OFFERING A FALSE INSTRUMENT FOR FILING
Offering a False Instrument for Filing is a serious charge under both federal and state law. It can be levied in civil and criminal courts across many industries. In the medical field, a civil inquiry into filing a false instrument can turn into a criminal investigation with harsh penalties. Time and communication are of the essence. Our experienced attorneys at the Blanch Law Firm can defend these charges.
Let our expertise within federal and state law guide your case to success.
Legal Definition
Under New York State Law, Offering a False Instrument for Filing can either be a misdemeanor or a felony charge. Specifically, under Penal Law §175.30, one can be found guilty of a misdemeanor for knowingly presenting false information in any of the following formats to public office or servant, in the belief it will either be filed or recorded:
- Written
- Computerized data
- Documented
Example
An example of “offering a false instrument for filing” would be submitting your medical documents or records to Medicare, a public insurance provider, knowing there is a false statement or missing information within the document.
The other statute, New York Penal Law Section 175.35, has an additional element of intent to defraud the public office or the state. The intent element, if established, elevates the misdemeanor to a felony. An example of this would be submitting your medical records to the Medicare, knowing that they contain a false statement or with the intent to defraud Medicare for yours or someone else’s benefit.
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Free Confidential Case ReviewRelated Charges
Oftentimes, the charge of Offering a False Instrument for Filing is coupled with other charges, including:
- Grand Larceny
- Falsifying Business Records
- Tampering with Public Records
- Issuing a False Certificate
- Issuing a False Financial Statement
- False Claims Violations
- Securities Fraud, Racketeering
- Conspiracy
- Scheme to Defraud
- Enterprise Corruption
- Forgery
- Money Laundering
- Tax Fraud
There is a big difference in intentionally lying to the Government and making a mistake in the paperwork. The law treats intentional actions very different from unintentional actions and punishes them accordingly.
Government’s Burden of Proof
To find the defendant guilty of Offering a False Instrument for Filing, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following elements:
- That the defendant offered or presented a written instrument to a public office or public servant;
- That the defendant did so knowing and believing it would be filed with, registered with, or recorded in, or otherwise become a part of the records of that public office or public servant;
- That the written instrument contained a false statement or false information; and
- That the defendant knew that the written instrument contained that false statement or false information.
If all the above elements are established beyond a reasonable doubt by a jury, then the Defendant will be found guilty of offering a false instrument for filing.
Types of Offering a False Instrument for Filing
Offering a False Instrument for Filing can happen in the course of business for many professions, including legal, medical, and several other businesses. For instance, some common examples of falsified documents are tax returns, personal checks, bank account records, business records, medical records, immigration documents, identification documents, and birth certificates.
Even worse, these charges can trigger violations of other laws, such as: the False Claims Act, the False Statements Act, the Mail and Wire Fraud Statutes, and the Anti-Kickback Statutes. The False Claims Act prohibits medical professionals to bill for unnecessary services. It can lead up five years in prison. The False Statements Act outlaws falsefying statements, and misrepresentating them to the Government.
Many agencies have oversight over healthcare practitioners and their filings, and they include:
- These agencies include the Department of Justice
- The U.S. Attorney’s Office
- The Department of Health and Human Services
- The Medicare Fraud Strike Force
- The Attorney General’s Office.
Health Care Fraud involving medical documents and records is considered a serious abuse of both state and Federal Laws.
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Free Confidential Case ReviewVIABLE DEFENSES
There are a number of defenses to offering a false instrument in the context of healthcare law, that should be explored with an experienced attorney, including:
- Lack of Intent to Defraud (People v. Kellar, 163 A.D.2d 880 (N.Y. App. Div. 1990) — holding that there must be a reasonable view of the evidence to conclude that the defendant lacked the intent to defraud))
- Untimely Prosecution, which exceeds the statute of limitations
- Absence of criminal wrongdoing, if the conduct was done by someone else
- Unconstitutional vagueness of the regulation (People v. Rubin, 271 A.D.2d 759 (3d Dept. 2000) — holding that where the regulation is too broad or vague, the defendant need not be in compliance with it))
RECENT CASES WITH HEALTH CARE FRAUD
Recently, there has been a spike in healthcare prosecutions involving the Offering a False Instrument for Filing. Specifically, there has been an increase in Medicaid/ Medical transit scams, or “Operation Ghost Ride.”
Article #1
In Albany, New York, owners and operators of ten medical taxis and other transport companies are facing charges for allegedly defrauding Medicaid and the Workers Compensation system out of about $8 million dollars.
The owners and operators of the companies were allegedly involved in activity, including billing Medicaid for trips that never happened, bribing Medicaid-recipient patients with kickbacks for using their specific transport companies, among other illegal activities. There has been a huge increase in medical transport corruption in the Northway corridor, resulting in an increase in monitoring and prosecution.
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Article #2
In another case, a taxi driver faces a 30-count felony complaint for Medicaid fraud after submitting 20 false claims for medical transport services. Mr. Thompson allegedly stole more than $7,500 from Medicaid for claims submitted during a two-month period. The claims were for trips between Jamestown, NY and Buffalo, NY, that never occurred.
This claim is part of an ongoing investigation called “Operation Ghost Ride” by the Attorney General’s Office, which is currently handling these medical transit scams. Mr. Thompson allegedly paid an individual, who was working with the Attorney General’s office, to request transportation services from the company and falsely reported that he provided rides for the individual when he did not.
He is charged with grand larceny in the third degree, offering a false instrument for filing in the first degree, falsifying business records in the first degree, and prohibited practice by a medical assistance provider.
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Article #3
In another New York case, 20 individuals and 14 corporations, including 4 doctors, were involved in an intricate scheme to bill Medicare, Medicaid, and other publicly-funded insurance providers of collectively over $146 million dollars over the span of 3 years.
The defendants operated a sham medical clinic, where they specifically targeted individuals in low-income areas and offered them cash if they were willing to use their Medicare or Medicare card to report or be transported to a medical clinic. From there, the person was taken to a clinic and put through unnecessary tests, where doctors were paid to sign the relevant paperwork.
The defendants, in this case, did not provide any patient care at all, and instead used the stolen money to live a lavish lifestyle, including buying multi-million dollar homes, buying expensive material items and traveling luxuriously. The charges vary in degree, but include:
- Enterprise corruption
- Scheme to defraud
- Money laundering
- Health care fraud
- Falsifying business records
- Offering a false instrument for filing
- Grand larceny
- Scheme to defraud.
If convicted, they face up to 25 years in prison.
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Article #4
Two Dallas-area clinic employees were indicted on a count of conspiracy to commit health care fraud after they billed more expensive services than those actually provided. This resulted in higher bonuses for the defendants, based on the false percentages that they caused their clinic to bill.
The Office of the Inspector General from the Department of Justice, the United States Postal Service, and the Department of Labor investigated this case. The Medicare Fraud Strike Force got involved and is part of a joint drive between the U.S. Department of Health and Human Services (HHS) and the Department of Justice to prevent and deter fraud and enforce current anti-fraud laws around the country.
Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
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Article #5
A business owner in Houston, who owned a home health agency, was recently sentenced to 8-years in prison for his role in a Medicare fraud scheme. According to the evidence, Mr. Tilong conspired with others to defraud Medicare by submitting over $10 million in false and fraudulent claims for home health services connected to his business.
Together, they falsified medical records and directed others to falsify records and benefits, so it appeared the Medicare beneficiaries received services they qualified for.
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Article #6
Defendant Umar Adeyola, from Amherst, NY, was convicted of conspiracy to commit health care fraud. The defendant defrauded private insurance companies by arranging the submission of false and fraudulent bills for office visits using the names and/or provider numbers of healthcare providers who had not actually rendered the services claimed.
The documents and bills falsely represented the services had been rendered by properly licensed workers, when in reality, the services were provided by other unlicensed individuals, including interns.
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If you are a physician, a health care company, an executive, a business owner, or a professional who has fallen victim to these charges and accusations, don’t hesitate to contact us to review your case. Time is imperative.
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Free Confidential Case Review