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TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
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Experience:  Experienced in state and federal criminal litigation.
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With medicaid fraud that the attorney general of Texas prosecutes,

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With medicaid fraud that the attorney general of Texas prosecutes, what is the approximate time frame between the time they receive information and they begin the collection process? If the amount is more than the person can pay, I read they will put a lein on the home. I read that the reward for making the government aware is paid on amount collected. Do they pay a reward on the value of the home they put a lein on? If the person only has a home, what would the reward be? They they have a way to find discover hidden accounts and funds transferred to another person? Thanks for your earlier help.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

This really depends on the background - can you please tell me a little more about what happened, and what county of Texas you are in? Thank you.
Customer: replied 3 years ago.

I have proof a person has been received fraudulant support payments from Medicaid for 11 years. The funds that were illegally obtained were intentionally not reported to the IRS. An elaborate scheme was performed where the Medicaid payments went to a fake "care giver" then cashed and the funds returned to the person that applied for the support. The amount totals about $300,000 (roughly $30,000 a year). I am getting reports of the total amount paid for the years.

Expert:  Ely replied 3 years ago.
Hello,

I am going to opt out of your matter and open it for other experts. My apologies.
Expert:  TexCrimLawyer, J.D. replied 3 years ago.

Thank you for your question. The "reward" is not the amount the government collects, but a percentage of that money, up to 17%. Typically the person files a qui tam lawsuit, sometimes called a whistleblower lawsuit. The whistleblower (you) is called the relator. Before you report the allegations, you need to contact a qui tam lawyer in your area. They will assist you in properly reporting this so that you are in a position to collect. The lawyer will take a percentage of what you get.

 

As far as collection, it can take just a few months or a couple of years, depending on the complexity of the case. If the person can't pay, the government can put liens on their home or other property. You don't get paid, however, until the government does. In other words, they don't front you your share and then collect later.

Customer: replied 3 years ago.

thank you for your answer. I have found two cases on the Attorney Generals website where the person defrauded the Medicaid funded Medically Dependant Children's Program (same as her). The cases involved overbilling $17,000 from a legitimate provider.The AG went to a Grand Jury and the people are now in jail plus a fine.

 

Her fraud is much worse. It is an elaborate scheme creating bogus providers (her friends) who never performed a service. These "providers" would file fake timesheets, get paid every two weeks, cash the check, and give her to money in cash. Taxes were taken out and she would do their taxes (she is a CPA) and get them the biggest refund possible. To hide the money she would buy savings bonds and in her brothers name.

 

This has been done for 11 years and involves submitting 250 false documents totaling $300,000. I am almost certain the Attorney General will take the case because it involes Medicaid, will get every single document from the state agency and I have witnesses. It is a pity she will be getting her friends criminally involved when they were trying to help.

 

Reading the Human Services Regulations, she will owe 3X what she took plus a minimum of $5,000 for each fraudulant document filed. This would be about $2,000,000. She has hundreds of thousands hiden in secret account and probably that much in her brothers name. He is very honest and would be honest to the grand jury. She also has over $400,000 in equity in her home.

 

So you are saying is when she is found guilty, the money they recover I would get the reward when collected. They will put a lien on her home and I would not get a reward until it is sold, correct? I assume they will also take funds from her paycheck like they do with child support.

 

From my readings, because of the depth of this fraud, she most likely have criminal charges filed. In addition, I will be speaking to the IRS. Although taxes were taken out of the "provider's" check, she received the money and intentionally did not report this amount on her tax return.

 

Thanks for your answers and sorry this was so long. Please tell me how to ask specifically for you. I have 2 other short new questions I will ask to you to hopefully make up for all the time you are spending with this. I am going to also giving you a big tip when I check out because this had so many questions in it. Thanks. Richard

Customer: replied 3 years ago.

thank you for your answer. I have found two cases on the Attorney Generals website where the person defrauded the Medicaid funded Medically Dependant Children's Program (same as her). The cases involved overbilling $17,000 from a legitimate provider.The AG went to a Grand Jury and the people are now in jail plus a fine.

 

Her fraud is much worse. It is an elaborate scheme creating bogus providers (her friends) who never performed a service. These "providers" would file fake timesheets, get paid every two weeks, cash the check, and give her to money in cash. Taxes were taken out and she would do their taxes (she is a CPA) and get them the biggest refund possible. To hide the money she would buy savings bonds and in her brothers name.

 

This has been done for 11 years and involves submitting 250 false documents totaling $300,000. I am almost certain the Attorney General will take the case because it involes Medicaid, will get every single document from the state agency and I have witnesses. It is a pity she will be getting her friends criminally involved when they were trying to help.

 

Expert:  TexCrimLawyer, J.D. replied 3 years ago.
Just contact the Medicaid Fraud Control Unit (MFCU) in Austin. Yes, you don't get paid until the government does. So, if a lien in placed on their home, you wouldn't get paid until the home sells. Also, you are correct, the government can garnish wages. Again, it would be wise to hire a qui tam lawyer before you proceed any further. If you want to direct questions to me specifically, you may do so here: http://www.justanswer.com/law/expert-texlawyer/

If I've answered your question, don't forget to click "Accept."
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3588
Experience: Experienced in state and federal criminal litigation.
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