HOW PROSECUTORS CONTROL & DIRECT AMERICAN FEDERAL GRAND JURY INDICTMENT DELIBERATIONS

In a well-known yet hidden truth of federal criminal law, federal grand jury's don't indict people - federal prosecutors do. It's the United State's prosecutors aided by government agents from the FBI, the DEA and fraud inspectors from a variety of Government agencies who bring cases to American grand jurors and direct the deliberations until the desired indictment is delivered. 

Grand Jury with victorious Prosecutor
after delivering Indictment

The grand jury hears only the evidence deemed worthy by the government. In practical terms this means that unless the prosecutor does not want an indictment, little or no evidence that could help the defendant will ever be given to members of the grand jury. It's an unfair process, but of course it's meant to be. 

The objective of an effective prosecutor is first to mold the charging document or indictment. During that process the prosecutor seeks to iron out or at least gain useful knowledge of possible defenses to a potential criminal case. It's not unusual for the grand jury to hear snippets of evidence of uncharged misconduct over a long course of time, even for weeks or months, especially in complex federal conspiracy and trafficking cases or complicated white collar fraud cases, until the prosecutor is satisfied that the case if contested by the defense can still be won at federal trial or better, that the defendant in the case can be forced to plead guilty. It's rare that the grand jury members will have the presence of mind, will power or strength of character to stop an inappropriate indictment from being issued by an ardent prosecutor. 

After all, the members of an American grand jury are relying on the prosecutor to not only give them the appropriate federal laws allegedly being violated, but also to provide the facts necessary to support a conviction under those laws. Nor is it likely to be considered prosecutorial misconduct for the federal prosecutor to unduly influence the grand jury's decision-making process as it's built within an often unfair federal criminal justice system that has a very high rate of success in forcing guilty pleas since many defendants come to believe that the criminal justice system is rigged in the government's favor.

In the federal prosecutions there's incentive to overcharge defendants at the grand jury level in order to gain leverage over defendants and to force a guilty plea with co-operation to indict other defendants. In fact in the Middle District of Florida in Tampa a defendant may receive a target letter, that advises the defendant that a grand jury has been convened to look at criminal conduct with the implicit threat that failure to respond, retain the services of a federal defense attorney and co-operate may result in a federal indictment. As a practical matter the prosecutor has such control and direction of the federal grand jury that the threats must be taken seriously. After a federal indictment the defendant with help from a federal criminal defense attorney must make an important life-changing decision, whether to plead guilty or have a federal trial.

FEDERAL INVESTIGATORS TARGET MEDICARE FRAUD AFTER DISCLOSURES OF RAMPANT DOCTOR BILLINGS

One lucky Florida ophthalmologist managed to snare a cool $21 million from his medicare billings last year. A hundred less fortunate doctors made due by sharing $610 million from the total doctor's billings to medicare of $600 billion. All of this information was disclosed when medicare finally opened its books on individual doctors share of medicare billings. The strategy and tactics of robust billings allow some of our lowly medicare doctors to make even more money than those fancy doctors on television. But when does robust billing become fraud worthy of an FBI investigation?

Is there a Doctor in my House?

Hidden behind the rush of these recent news stories is the fact that federal investigators will begin shifting thru the cloud of statistics in order to begin targeting individual doctors in hundreds of fraud investigations. 

Indicting doctors and other health care providers allegedly involved in health care fraud will become a high priority of the FBI and the United States Attorney's Office not only in the Middle District of Florida but throughout the entire country. 

Medicare fraud typically arises from either over billing or from fake billings. To prove over billing or fake billing the FBI will investigate doctors for medicare fraud under Plan B in the following ways:

First,  the FBI will be look for an average mean medicare billing for each specialty.  For example, it might not be unreasonable for larger billings in specialties which require more expertise.

Second, the FBI will look for an average mean in medicare billing for each part of the country segregating the billings based on the costs and history of billings in every location. 

Third, the FBI will target doctors and hospitals that have billed medicare for more than the average mean of specialty and location.

Fourth, the FBI will look for disgruntled employees and former employees to gain insight as to whether there was a criminal conspiracy to over-bill medicare. Employees will be given two significant incentives of not being indicted laced with the possibility of whistle blower status with financial reward. Employees who fail to co-operate by remaining faithful to the hospital or doctor may find themselves indicted as part of a criminal conspiracy to defraud medicare.

Fifth, the FBI will gain access to business records by utilizing search warrants for criminal conduct. This can temporarily shut down the doctor's office inducing enough immediate financial hardship to scare the doctor into co-oporating with the Government.

With the Government focused on lowering health care costs, it's clear that it will soon declare war on doctors who may have robustly billed medicare. The ultimate objective of the Government will be the arrest, conviction and imprisonment of imminent doctors to deter others from who received payments from Medicare under Part B. 

Doctors who are under investigation may not receive target letters informing them of the fact. In fact in most medicare fraud investigations a target letter is only sent after a completed investigation as a prelude to a possible negotiation with the doctor to avoid a grand jury indictment by allowing him or her to plead guilty in federal court to a significant federal crime.  Any doctor who believes he or she may be a target of a federal investigation concerning medicare billing should secure immediate help from a knowledgeable federal criminal defense lawyer to avert federal indictment and prosecution.

THE BEST WAYS TO AVOID ARREST & PROSECUTION WHEN YOU'RE THE TARGET OF AN INVESTIGATION

Just as one leery Clearwater criminal defense attorney will look over his shoulder wondering if that police cruiser with the flashing lights is after him or (crossing my fingers) someone else, anyone who is the target of an aggressive law enforcement investigation will live in dread until the ordeal is over. Once that cruiser passes, I'll keep typing.

Cupid Creates Target Letter

Unlike being stopped for speeding, Federal and state investigators have no obligation to immediately notify someone that he or she is a target of an investigation. The more complex the alleged misconduct the more likely it will be that an investigation will be initiated without the knowledge of the target. As more evidence is accumulated the target may be confronted with information about the alleged crime or with an opportunity to make a statement of admission or denial of criminal conduct.

Law enforcement officers either have sufficient evidence to make an arrest or they don't. So why provide them with more evidence? Even a denial may help an investigation if the denial comes with an explanation that is implausible or factual incoherent. 

Sometimes officers may threaten to make an arrest if there is no cooperation, which is the best signal they could give that they haven't arrested you only because they want more evidence. The objective of a target must be to keep in mind that the process of an investigation is controlled by law enforcement. 

One client recently told me that she confessed to a Grand Theft charge in Tampa Bay only to 'get out of the room' after a long, intense interrogation in front of the people who employed her. One of the Detectives seeing her breaking point approaching kept saying louder and louder, "You want it to end? Then confess." And in an instant against her better judgement she confessed to the crime making it much more difficult to help her get the case dismissed or reduced.  

Federal investigators in Tampa Bay, Florida may generously notify a person that a possible arrest is imminent or grand jury testimony sought by sending what is known as The Target Letter. A Target Letter cajoles the recipient to find a lawyer and begin negotiations to diffuse the possibility of a pending Federal Grand Jury indictment.

Because there is little to be gained by speaking to investigators, if  you do decide to speak with them make sure you have a Tampa Bay criminal lawyer with you to defend your interests and help you avoid arrest.