Wire fraud and health care fraud are two of the federal government’s most aggressively charged offenses, and both carry serious penalties. In this video, federal criminal defense attorney David Tarras breaks down the most common misconceptions, the legal elements prosecutors must prove, the defenses that are often overlooked, and current enforcement trends shaping federal investigations nationwide.
Tarras explains why many people assume that once they are charged with wire fraud or health care fraud, they have no defenses. In reality, both statutes require proof of criminal intent, and that standard creates meaningful opportunities to challenge the government’s case.
This video covers:
— The most common misunderstanding about wire fraud and why sending an email or text is not enough to make someone guilty
— The key legal element prosecutors must prove: intent to defraud
— How good faith, mistake of fact, non materiality, and lack of intent can serve as strong defenses
— Why people mistakenly believe they must immediately negotiate a plea
— How the government attempts to stretch minor communications into federal wire fraud charges
Wire fraud elements explained:
— Use of the wires (email, text, electronic communication)
— Across state lines or internationally
— A scheme to defraud
— Knowing and intentional participation
—- Tarras explains why this intent requirement is often the most powerful defense theme
Health care fraud trends and enforcement focus:
— How health care fraud prosecutions have evolved across the country, especially in South Florida
— The progression from sober homes to DME, to genetic testing, to COVID era schemes
— Why wound care and skin substitute products are now a major DOJ and CMS focus
— How Medicare and Medicaid reimbursement patterns drive federal enforcement priorities
— Why wound care prosecutions are increasing rapidly and what providers need to watch for
Billing issues and the line between sloppy billing and fraud:
— Why changes in Medicare and Medicaid rules create confusion and risk
— How improper billing becomes criminal when prosecutors believe there was intent
— The role of coders, billers, labs, and DME companies in federal investigations
— Why knowledge and intent remain the center of every health care fraud case
How DOJ builds health care fraud cases:
— The role of FBI and HHS OIG in early investigations
— How agents target lower level employees first to pressure cooperation
— Why the government’s strategy is to “start small and move up the chain”
— What executives and frontline employees must understand when they are approached by agents
Tarras illustrates how federal health care investigations often begin with subpoenas, interviews, or surprise contact by agents, and why early legal counsel is critical. He also explains why many individuals mistakenly assume they are trapped once charges arise, when in reality the government still must prove specific intent and materiality beyond a reasonable doubt.
If you are under investigation, received a subpoena, were contacted by federal agents, or have been charged with wire fraud or health care fraud, you should seek experienced federal counsel immediately. The decisions you make early can shape the entire outcome of your case.