How Criminal Defense Attorneys Can Build Educational Content Around Healthcare Fraud Cases

A physician who receives a subpoena from the Department of Health and Human Services Office of Inspector General, or a clinic manager who hears that agents visited a former employer, will usually search online before calling anyone. They type things like “what is a target letter,” “anti-kickback statute penalties” or “Medicare audit turned criminal.” The pages they find in that first hour shape how they understand their situation and which lawyers they consider.

For criminal defense firms that handle healthcare fraud matters, that is a reason to publish careful, plain-language educational content. This guide covers what people in the healthcare field search for, which topics are worth writing about, how to explain the law accurately, and the ethics and confidentiality limits that apply. It is a marketing guide for law firms. Nothing here is legal advice about any case.

Who is searching, and what they need

Healthcare fraud matters reach a wide range of people: physicians, nurse practitioners, pharmacists, dentists, physical therapists, clinic and practice owners, billing and coding staff, laboratory and home health operators, medical equipment suppliers and telehealth companies. Some are under investigation. Many are only worried that they might be, because an audit went badly, a colleague was charged or a payer asked for records.

Their searches tend to follow a trigger:

• A letter or document arrived, such as a subpoena, a civil investigative demand or a target letter
• Agents visited the office or a search warrant was executed
• A payer audit or records request raised questions about billing
• News of an enforcement action involving a former employer, partner or referral source
• A licensing board or exclusion notice arrived

People in this position are often educated and detail-oriented, and they read carefully. They want to understand the terms, the process and the stakes. Thin pages full of alarm or sales language lose them quickly.

The laws your content needs to get right

Healthcare fraud content falls apart when it gets the law wrong, so every page should be checked against the statute and reviewed by an attorney who practices in this area. These are the federal laws that come up most often.

The health care fraud statute, 18 U.S.C. § 1347, makes it a crime to knowingly and willfully execute or attempt a scheme to defraud a health care benefit program, or to obtain its money or property by false pretenses. The maximum prison term is 10 years, rising to 20 years if the violation results in serious bodily injury and up to life if it results in death. The statute also says the government does not have to prove the person knew of this specific law or specifically intended to violate it.

The Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b), makes it a felony to knowingly and willfully offer, pay, solicit or receive anything of value to induce or reward referrals of business paid for by federal health care programs. The Bipartisan Budget Act of 2018 raised the maximum criminal penalties to 10 years in prison and a $100,000 fine per violation. The statute has regulatory safe harbors, and content that discusses them should be especially careful.

Other laws appear often enough that readers will ask about them:

• The False Claims Act, 31 U.S.C. §§ 3729-3733, which is civil, along with the separate criminal false claims statute at 18 U.S.C. § 287
• The physician self-referral law, often called the Stark Law, at 42 U.S.C. § 1395nn, which carries civil rather than criminal consequences
• Conspiracy charges under 18 U.S.C. § 1349 and false statements relating to health care matters under 18 U.S.C. § 1035
• Exclusion from federal health care programs by HHS-OIG under 42 U.S.C. § 1320a-7, which can follow certain convictions

One of the most useful things educational content can do is explain the difference between civil and criminal exposure, since many readers do not know which they are facing. State laws, including state anti-kickback and Medicaid fraud statutes, vary widely. If you write about them, write separate pages for each state you practice in rather than generalizing.

Topics that answer real questions

Good topics start with the questions people bring to a first consultation. Some that tend to be useful:

• What a target letter, subject letter or grand jury subpoena means, explained generally
• The difference between an audit, a civil investigative demand and a criminal investigation
• What HHS-OIG, the FBI and state Medicaid Fraud Control Units each do
• Plain-language definitions of terms such as upcoding, unbundling, medical necessity and kickback
• How exclusion from federal health care programs works and how it relates to professional licenses
• What generally happens after charges are filed in federal court, from initial appearance to sentencing
• Why speaking with agents or destroying records can create separate legal problems, framed as general information

Pages written for particular professions can work well too, because a pharmacist and a laboratory owner face different billing rules and different risks. A page called “Healthcare fraud investigations involving pharmacies” can address the issues pharmacists actually encounter, as long as it stays general and accurate.

Keep each page focused on one question. A long page that tries to cover every statute at once is harder to read and harder for search engines to match to a specific search.

Writing rules for accuracy and tone

This is a field where a wrong sentence can mislead someone at a frightening moment. Some rules help:

• Cite the statute or regulation by number and link to the official text where your website allows.
• Describe maximum penalties as maximums. Explain that actual sentences depend on many factors, including the federal sentencing guidelines, and avoid implying any typical outcome.
• Separate what the law says from how your firm approaches cases.
• Keep the tone calm and factual. Avoid fear-based phrases, and avoid language suggesting that everyone under investigation is guilty or that every case can be won.
• Add a visible “last reviewed” date and the name of the reviewing attorney, and update pages when laws or penalties change.
• Include a short note that the page is general information, not legal advice, and that reading it does not create an attorney-client relationship.

Write for an intelligent reader who is not a lawyer. Define each technical term the first time it appears. Short paragraphs and clear headings help readers find the part that applies to them.

Ethics limits on what you can publish

Several professional conduct rules shape this content. Your own state’s version of each rule controls, so check it before publishing.

Confidentiality comes first. ABA Model Rule 1.6 protects information relating to the representation of a client, and that includes details that might seem harmless or already public. Never describe a client’s case in a way that could identify them without proper informed consent, and be cautious even then.

Trial publicity is a separate concern. Model Rule 3.6 limits public statements by lawyers involved in a matter when those statements are likely to materially prejudice a proceeding. Commentary on pending cases, especially ones your firm is handling, needs particular care.

Solicitation rules apply when firms are tempted to contact people named in enforcement announcements. Model Rule 7.3 restricts live person-to-person solicitation, and many states have their own requirements for targeted written communications, such as labeling them as advertising. General educational content that people find on their own avoids most of these problems.

Finally, Model Rule 7.1 prohibits false or misleading communications about a lawyer’s services. Statements about past results, case outcomes or comparisons with other firms can mislead even when technically true, and many states require disclaimers. Check your state bar’s advertising rules before publishing anything about results.

Structure pages for readers and search engines

A clear structure helps both people and search engines:

1. Put a short, direct answer to the page’s main question in the first paragraph.
2. Use descriptive headings that match the questions readers ask.
3. Add an attorney byline with a link to a bio that lists bar admissions and relevant experience.
4. Include a short frequently asked questions section where it fits.
5. Link related pages together, such as a page on the Anti-Kickback Statute linking to a page on exclusion.
6. End with a calm, clear way to contact the firm for a confidential consultation.

Google’s search quality rater guidelines hold pages on topics that can significantly affect a person’s health, finances or safety, which Google calls “Your Money or Your Life” topics, to a higher standard of trust. Legal information about criminal exposure fits that description. Pages that show who wrote and reviewed them, cite sources and stay accurate are in a better position than anonymous or generic ones. The same qualities make pages easier for AI assistants to quote correctly when someone asks them a question about healthcare fraud.

Measuring whether the content helps

Educational content in this area often brings a smaller number of highly relevant visitors. Measure it accordingly:

• Which educational pages lead to consultation requests, using your website analytics or by asking new clients what they read
• The search queries bringing people to each page, from Google Search Console
• Whether calls come from the professions and case types you want
• How often pages need updating to stay accurate

Expect these pages to build slowly. A well-researched page on a specific question can keep bringing in qualified readers for years if it is kept current.

Questions about healthcare fraud content

Can we write about cases our firm has handled?

Only with great care. Confidentiality rules protect client information, trial publicity rules limit comments on pending matters, and results claims are regulated. Most firms are better served by general educational content than by case stories.

Should we comment on recent enforcement announcements?

You can explain general trends or what a type of charge involves, but avoid commenting on specific people or pending cases, and avoid content that reads as targeting individuals named in the news.

How technical should the content be?

Accurate but readable. Use the correct legal terms, define them in plain language, and cite the statutes so careful readers can check the source.

Do we need a disclaimer on every page?

Most firms include a short note that the content is general information and not legal advice. Your state’s advertising rules may require specific disclaimers, so check them.

---

This guide is part of SBD Marketing’s series on criminal defense marketing. It is general marketing information for law firms, not legal advice. SBD Marketing works only with criminal defense law firms, helping them get found in Google and AI search.

SBD Marketing · info@sbdmarketing.agency · Book a call: sbdmarketing.agency/scheduling · Serving criminal defense law firms across the USA · sbdmarketing.agency