Durable Medical Equiment / DME
Durable Medical Equipment or DME offenses often occur when an individual
uses health care program benefits involving purchasing Durable Medical
Equipment for means other than what is permitted by law, such as filing
for monetary benefits without actually purchasing the medical equipment
that was to paid for by the benefit program. In certain cases, fake names
and information are used to obtain the medical equipment. Both Federal
and Florida law include heavy fines and severe criminal penalties, including
potential mandatory/minimum sentences of up to 25 years and maximum potential
sentences of up to LIFE. Mr. Petruzzi has represented numerous individuals
charged with, or under investigation for, Durable Medical Equipment or
DME offenses by both Federal and State authorities. His experience and
knowledge serves as an invaluable asset to his clients.
To arrange for a free and confidential consultation with respect to any
Federal or State Durable Medical Equipment or DME offense, contact our
office at (305)-770-6550.
For complete details about Mr. Petruzzi's background, expertise, and
Federal Durable Medical Equipment or DME offenses are investigated and
prosecuted by various agencies, including the FBI, IRS, and the Department
of Justice. Some common Federal Statutes criminalizing Durable Medical
Equipment or DME include:
18 USC Sec. 1347 –
(a) Whoever knowingly and willfully executes, or attempts to execute, a
scheme or artifice -
(1) to defraud any health care benefit program; or
(2) to obtain, by means of false or fraudulent pretenses, representations,
or promises, any of the money or property owned by, or under the custody
or control of, any health care benefit program, in connection with the
delivery of or payment for health care benefits, items, or services, shall
be fined under this title or imprisoned not more than 10 years, or both.
If the violation results in serious bodily injury (as defined in section
1365 of this title), such person shall be fined under this title or imprisoned
not more than 20 years, or both; and if the violation results in death,
such person shall be fined under this title, or imprisoned for any term
of years or for life, or both.
(b) With respect to violations of this section, a person need not have
actual knowledge of this section or specific intent to commit a violation
of this section.
Florida Durable Medical Equipment or DME offenses are investigated and
prosecuted by various State and Local law enforcement agencies. Some common
Florida Statutes criminalizing Durable Medical Equipment or DME include:
817.50 Fraudulently obtaining goods, services, etc., from a health care
(1) Whoever shall, willfully and with intent to defraud, obtain or attempt
to obtain goods, products, merchandise, or services from any health care
provider in this state, as defined in s.641.19(14), commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s.775.083.
(2) If any person gives to any health care provider in this state a false
or fictitious name or a false or fictitious address or assigns to any
health care provider the proceeds of any health maintenance contract or
insurance contract, then knowing that such contract is no longer in force,
is invalid, or is void for any reason, such action shall be prima facie
evidence of the intent of such person to defraud the health care provider.
However, this subsection does not apply to investigative actions taken
by law enforcement officers for law enforcement purposes in the course
of their official duties.