Gibel & Associates

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Gibel & Associates

Criminal Defense
The Medicare and Medicaid Anti-Kickback Statute (or “AKBS”) is a federal criminal law that is found at 42 U.S.C. §1320a-7b(b). Under this law it is illegal to knowingly or willfully offer, pay, solicit, or receive “remuneration,” directly or indirectly, in exchange for referring a patient or furnishing or arranging for a healthcare good or service, for which payment may be made under Government insurance programs, such as Medicare or Medicaid. The Government has used the AKBS in addition to various other civil fraud statutes in its arsenal to fight healthcare fraud.

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Phone: (212) 292-4348

Location

521 Fifth Avenue Bldg

AKA

Bel Air Associates Inc

Sheffield Associates

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https://gibelusa.com/about-us

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Phone: (212) 564-9904

Address: 521 5th Ave, New York, NY 10175

Website: https://gibelusa.com/about-us

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Gibel & Associates

Criminal Defense
The Medicare and Medicaid Anti-Kickback Statute (or “AKBS”) is a federal criminal law that is found at 42 U.S.C. §1320a-7b(b). Under this law it is illegal to knowingly or willfully offer, pay, solicit, or receive “remuneration,” directly or indirectly, in exchange for referring a patient or furnishing or arranging for a healthcare good or service, for which payment may be made under Government insurance programs, such as Medicare or Medicaid. The Government has used the AKBS in addition to various other civil fraud statutes in its arsenal to fight healthcare fraud.
Fraud
Are you interested in becoming a State Tax Fraud Whistleblower for sales tax, use tax and telecommunications tax evasion?
Theft
Drug Crimes
A “claim” under the False Claims Act is usually an invoice, bill or other written request for payment or reimbursement that is submitted to a Medicare contractor for payment. For Medicare Billing Fraud the actual claim form for Part A is typically the CMS Form UB-04 or UB-092 and/or the Cost Report. For Part B it is the Form 1500. For prescription drug cases, it is the Pharmacy Reimbursement Claim Form. For DME cases the key form is often the Certificate of Medical Necessity (CMNs).
Money Laundering
Are you aware of anti-money laundering violations and want to report them to the authorities and receive a whistleblower reward? If so, you may be entitled to receive as much as 30% of any penalties recovered by the U.S. Department of Treasury or the U.S. Attorney General as a result of your information.

Business and Corporate Law

Antitrust

Wrongful Termination
Under the terms of the Settlement Agreement, Poole, who is known as a qui tam relator, will receive $17,000 (19.6%) as a reward for initiating the lawsuit and prompting the Government’s investigation. Poole also alleged whistleblower retaliation/wrongful termination by TRI and that claim, as well as the amount of attorneys’ fees to be awarded to McInnis Law and co-counsel Tabner, Ryan and Keniry, LLP remain unresolved by the Settlement Agreement.

Medical Malpractice
Usually you don’t want to focus on medical malpractice in False Claims Act cases. Medical malpractice is a state law matter and one that does not necessarily involve false or fraudulent billing per se. However, there may be instances involving such widespread, pervasive and systemic provision of substandard care that one can successfully argue that the submission of claims for healthcare reimburse are false or fraudulent because they expressly or impliedly represent that the care was provided at an appropriate level when it wasn’t.

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