New York Employment and Whistleblower Lawyers
Free ConsultationContingency Fee
Law Firm OverviewJohn Howley, Esq. has more than 25 years of experience representing clients in employment and whistleblower cases.
He recognizes that this may be a stressful time for you. He is ready to help you throughout the entire process.
Languages: Tagalog, English
Areas of Law
Additional Areas of Law: Retaliation; Unpaid Wages and Overtime; Prevailing Wage Class Actions; Family and Medical Leave Act Violations; Trafficking Victims Protection Act Claims; Healthcare Fraud; Medicare & Medicaid Fraud.
Areas of Law Description
John Howley represents clients in employment, healthcare fraud, and whistleblower lawsuits.
Mr. John Howley
Discrimination, Employees Rights, Employment, FLSA Overtime Claim, Qui Tam False Claims Act
- New York City Bar Association
- American Association for Justice
- AAJ Employment Rights Law Section
- The Philippine American Chamber of Commerce, Inc.
More Information on Law Offices of John Howley, Esq.Employment Law
Medicare & Medicaid Fraud
Medicaid Fraud Investigations FAQ
Medicare and Medicaid Exclusion Appeals
Qui Tam and Whistleblower Rewards
Healthcare Fraud Whistleblower Rewards
Law Offices of John Howley, Esq. Blog
Articles Published by Law Offices of John Howley, Esq.
As several courts have noted, Medicare exclusion is often a “professional death sentence” because it prevents you from practicing your profession nationwide for the duration of the exclusion period. You must do everything possible to avoid this result, and you must do so in only 30 days.Read Article
Medicare exclusion appeals must be filed within 60 days. You must follow complex regulations and present a persuasive case to an Administrative Law Judge. This is no time to take a do-it-yourself approach.Read Article
When Medicaid fraud investigators ask for an interview, remember this: Anything you say can and will be used against you in a court of law. The investigators are not there to help you. Their job is to develop evidence to prove you are guilty beyond a reasonable doubt.Read Article
Medicare and Medicaid billing mistakes can result in a fraud investigation with potentially serious consequences. You can be required to pay back up to three times the amount you were paid for improperly billed services. And, if the government believes the improper billing was intentional, you can face serious criminal charges, the loss of professional licenses, and exclusion from the Medicare and Medicaid programs.Read Article
A letter from the NYC Bureau of Fraud Investigation means that you are the target of a fraud investigation. How you respond to the letter can mean the difference between a minor inconvenience and criminal charges. You should get advice from an experienced Medicaid lawyer before you speak to the investigator. Anything you say to the investigator can and will be used against you.Read Article
Every year, hundreds of New Yorkers face criminal charges because they provided false information on their Medicaid application or re-certifications. Your case does not have to end this way. In fact, most Medicaid fraud investigations are settled with no criminal charges at all. The key is how you respond to the Medicaid fraud investigators.Read Article
A Medicaid fraud investigation begins long before you are contacted by an investigator. By the time they contact you, the investigators have already conducted interviews and collected all the records they need. At this point, anything you say can and will be used against you.Read Article
A Medicaid fraud investigation is a serious matter that can lead to criminal charges. You should consult with a Medicaid fraud lawyer before you speak with investigators or turn over any documents.Read Article
Diagnostic Pathology Group Pays $500,000 to Settle Allegations that Physicians Were Given Electronic Medical Record (EMR) Software in Exchange for Patient ReferralsRead Article
If you receive a letter from the NYC Bureau of Fraud Investigation, it means that you are the target of a Medicaid fraud investigation. How you respond to the letter can mean the difference between an inconvenience and a criminal record.Read Article
A letter from the NYC Bureau of Fraud Investigation means that you have a potentially serious problem. Do not try to handle this on your own. Consult with an experienced Medicaid fraud lawyer before you meet with the investigators.Read Article
Videos Provided by Law Offices of John Howley, Esq.
Live In Nanny's Right to Overtime Pay
Nannies and other domestic workers have the right to be paid 1½ times their regular rate of pay for overtime. For “live in” nannies and domestic workers who live with their employers, you must be paid the overtime rate after you have worked 44 hours in a workweek. For “live out” nannies and domestic workers, the overtime rate starts after you have worked 40 hours in a workweek.
If you live with your employer, then you must be paid for all the hours you are “required to be available” for work. In other words, you must be paid for "on call" time, including all the hours when you must remain in the home in case your employer needs you. The only hours that do not count as "on call" hours are: (a) hours when you are free to leave the home and do whatever you want without interruption; and (b) eight hours of uninterrupted sleep time.
You have the right to be paid your wages at least every two weeks on a designated payday. Your employer may not deposit your wages directly into the bank without your prior written consent. If your employment is terminated or otherwise ends, the employer must pay your final wages no later than the next regular payday. Your employer must send your final paycheck to you by mail if you request to be paid that way.
Know that you do not have to face your employer alone. For more than 25 years, we have helped people just like you protect their rights. Let us help you too.
Call us today at (212) 601-2728 to schedule a free and confidential consultation.
Medicaid Fraud Investigations at the NYC Bureau of Fraud Investigation
Why am I being investigated?
The Medicaid fraud investigator has information that suggests you are not qualified for benefits. This information may include payroll records, car registrations, property records, and business records. The investigator may have spoken with your employer, your co-workers, or your neighbors.
What are my rights during the investigation?
You have the right to bring an attorney with you to any interviews or meetings with the investigator. You also have the right to consult with your lawyer before providing any documents or answering any questions.
You have the right to remain silent. You do not have to answer the investigator's questions. If you are a Family Health Plus or Medicaid recipient, your benefits cannot be stopped solely because you refused to answer questions.
Should I answer the investigator's questions?
How you respond to the investigation depends on your particular facts and circumstances. Some questions and requests for documents are appropriate. Others may be improper. Sometimes it makes sense to cooperate with the investigator and negotiate a resolution. Other times you must fight to protect your rights.
You need an experienced Medicaid fraud lawyer on your side to help you make these decisions. To arrange a free consultation, call John Howley, Esq. at (212) 601-2728.
What are the possible penalties and consequences?
Medicaid fraud penalties range from repayment of Medicaid benefits to harsh prison sentences. Some of the possible consequences are:
-monetary fines, penalties, and restitution orders
-disqualification or exclusion from receiving Medicaid benefits
-civil judgments and liens on any real property you own
-garnishment of your wages
-criminal prosecution and a possible prison sentence
-suspension or loss of professional licenses
-exclusion from participating in Medicaid as a healthcare provider
-depending on your immigration status, you could be deported
Due to the potentially serious consequences, you should contact an experienced Medicaid fraud lawyer immediately if you are under investigation. Call John Howley at (212) 601-2728 to schedule a free and confidential consultation.
Will the investigator negotiate a settlement?
Depending on the nature of the problem, the investigator may be willing to negotiate a financial settlement to avoid any court cases or criminal prosecution. An experienced Medicaid fraud attorney can help you by negotiating a settlement that reduces the amount owed, by avoiding penalties and interest - and, most importantly, by negotiating an agreement that your case will not be referred for criminal prosecution.
What is the Bureau of Fraud Investigation?
The Bureau of Fraud Investigation (BFI) conducts investigations of individuals and organized groups who are suspected of committing Medicaid fraud. It is part of the NYC Human Resources Administration's Office of Investigation. Investigations by the BFI may result in Administrative Disqualification Hearings, lawsuits to recover money, or referrals to the District Attorney for criminal prosecution. BFI investigators work out of offices at 151 West Broadway in Manhattan.
Who is the investigator?
Medicaid investigators are trained professionals who know how to conduct a thorough investigation. They work together with other investigators who have 10, 20, and even 30 years of experience investigating thousands of Medicaid fraud cases. They are supported by data analysts, financial auditors, and medical experts.