How does someone go about submitting a case to the Innocence Project?
The Innocence Project only accepts cases on post-conviction appeal in which DNA testing can prove innocence. If the case does not involve biological evidence or DNA, visit the Innocence Network to see if there is a program in your area that provides broader legal and investigative assistance, and if, so, write to them.
What is the organization that has a mission to assist prisoners who could be proven innocent through DNA testing?
The WMU-Cooley Innocence Project is part of the Innocence Network which has been credited with the release of over 375 wrongfully convicted prisoners, mainly through the use of DNA testing. The WMU-Cooley Innocence Project is the only post-conviction DNA innocence organization in the state.
What are some reasons for wrongful conviction?
Causes of Wrongful ConvictionMistaken witness id. Eyewitness error is the single greatest cause of wrongful convictions nationwide, playing a role in 72% of convictions overturned through DNA testing. ... False Confession. ... false forensic evidence. ... perjury. ... official misconduct.
How do you prove your innocence?
Witness testimony can be used to prove innocence in two ways. First, if someone else committed the crime of which you are accused, a witness may be able to testify to seeing a person fitting a different description at the scene. Second, witness testimony can be used to establish an alibi.
How are innocent people found guilty?
More than half of wrongful convictions can be traced to witnesses who lied in court or made false accusations. In 2018, a record number of exonerations involved misconduct by government officials.
How do you fix wrongful convictions?
The best solution to rectifying these wrongful convictions is perhaps tripartite: allowing expert testimony when the only evidence against the defendant is eyewitness testimony; improving procedures for collecting eyewitness evidence; and properly educating the principal participants in a trial about the effects of ...
Why do innocent people falsely confess?
Vulnerable Suspects. Even though psychological coercion is the primary cause of police-induced false confessions, individuals differ in their ability to withstand interrogation pressure and thus in their susceptibility to making false confessions.
How often are innocent people found guilty?
1. Between 2% and 10% of convicted individuals in US prisons are innocent. According to the 2019 annual report by the National Registry of Exonerations, wrongful convictions statistics show that the percentage of wrongful convictions is somewhere between 2% and 10%.
What happens when someone is falsely convicted?
The federal standard to compensate those who are wrongfully convicted is a minimum of $50,000 per year of incarceration, plus an additional amount for each year spent on death row. The current federal statute, which was endorsed by then-President George W.
Is a statement enough to convict?
A general criminal law principle known as the corpus delicti rule provides that a confession, standing alone, isn't enough for a conviction. With its design of preventing wrongful convictions, the rule implicitly acknowledges the phenomenon of false confessions.
Do you have to prove you are innocent?
Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to the law. Justice is best served if trials take place without undue delay.
What is exculpatory evidence?
Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
How are Medicare and Medicaid fraud investigations triggered?
Medicaid and Medicare fraud investigations are triggered due to one of three ways: An employee witnesses fraud and reports it to CMS. A patient notices billing issues and files a complaint. An analyst notices a likely pattern of abuse. First you will receive a letter notifying you of a fraud investigation.
What are the consequences of Medicare fraud?
Medicaid and Medicare fraud accusations can lead to the following consequences: 1 Losing the ability to bill Medicaid or Medicare 2 Serious fines 3 Losing customers 4 Suspension or loss of a medical license 5 Criminal charges
What happens if you don't fix billing issues?
If you do not catch and resolve billing issues then the government may subject you to a Medicaid or Medicare fraud investigation.
How does an investigation affect your business?
An investigation can negatively impact your business, your license and your reputation. The government may even seek to press fraud charges. Medical professionals aware of billing errors or fraudulent activity should contact an attorney specialized in health law immediately.
What is the False Claims Act?
False Claims Act (FCA) Social Security Act. Physician Self-Referral Law (Stark Law) United States Criminal Code. For example, you can be fined if an investigator accuses you of knowingly submitting a claim to Medicare for a higher level of service than actually provided.
Can a provider face consequences?
Providers can face consequences whether the issues were the result of a mistake or an intentional act. You will need to submit a number of documents ranging back months or possibly years. You and your employees will likely be interviewed by the investigator. You do not need to face these interviews alone.
How Are Investigations Conducted For Medicare And Medicaid Fraud?
Investigations for Medicare and Medicaid Fraud can result in very serious consequences. From severe fines to restitution and prison time, the penalties for a conviction can be debilitating to a person’s career, reputation, and overall well-being.
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What happens if you receive a Medicaid investigation letter?
If you’ve received a Medicaid investigation letter, it is likely is that you were not eligible for Medicaid and misrepresented some information or made a mistake on the Medicaid application. However, the HRA knows that they’ve set some flags too broadly.
Why did the HRA send me an investigation letter?
The HRA sent you an investigation letter because they have evidence of Medicaid fraud. The HRA has an incentive to settle cases. Does the State of New York get money from processing you and opening up a criminal case, or even sending you to jail? No. You need your Medicaid fraud defense attorney to convince the HRA that what’s done is done, and the best move for them is to give you a break and help you cut a deal with them.
What happens if HRA sends you a Medicaid fraud letter?
If the HRA has sent you a Medicaid fraud investigation letter, they have much to gain from you coming to the interview. It would be to their advantage for you to dig yourself into a deeper hole and to land yourself into further trouble. A successful interrogation will give them the option to refer your case to the District Attorney’s office for a ready criminal prosecution with all the evidence already in their hands and will provide them with the negotiating advantage to demand more money from you.
How to negotiate with HRA?
You need to find an attorney with the charisma to negotiate with people. You need a lawyer who is respectful and can relate to the overworked and underappreciated HRA investigators and their staff. You need someone who is a tough negotiator, but also someone who knows when to stop pushing. After all, the HRA thinks that they’ve caught you with your hand in the cookie jar.
What happens if you ignore the HRA letter?
If you ignore the letter, the HRA will escalate your case and will refer it to the District Attorney’s office for criminal prosecution. You need to take the chance you have and make the best of it.
What happens if you don't show up for Medicaid hearing?
Do not wait until the date of the hearing. If you fail to show up or send an attorney, they will escalate your case for criminal prosecution.
What happens if you fail to settle a fraud case?
If you fail to settle the case on time, the Bureau of Fraud Investigations can escalate the matter by referring it to the District Attorney’s Office for criminal prosecution. Also, they can refer your case or to a private law firm working for the government, which will sue you in for money civil court.
How do you know if you are under investigation?
Any of these things could trigger an investigation which begs the question, how do you know if you are under investigation? Typically, if one is under investigation, this investigation probably started long before the target becomes aware they are being investigated.
The action you take next can be critical
Thankfully, not all investigations result in criminal charges. But never assume. If you receive a letter or a federal investigator shows up, quick action is paramount if you wish to protect yourself. One of the first things you will want to do is accept this reality.
Hire An Expert To Save Your Career, Family & Life
Another smart aspect of hiring an experienced attorney is that it helps you from making mistakes, making incriminating statements. Navigating through the maze of subpoenas and other legal documents can be tricky and very difficult. Your defense attorney can do this with ease.
Healthcare fraud is a serious crime
As the premier law enforcement agency in regards to investigating healthcare fraud, the Department of Health and Human Services’ Office of Inspector General has a wide range of power and skills at its disposal. The billions of dollars recovered by this group show just how serious they are in combating this nationwide dilemma.