Healthcare Fraud Defense
July 15, 2026
12 min read
Aaron M. Cohen

Free Heart Screens, Phantom Diagnoses: Why Federal Prosecutors Are Targeting Florida Cardiology and Diagnostic-Testing Practices

A South Florida cardiology operation billed $89M using free heart checks that produced diagnoses patients never had. The 2026 takedown shows how prosecutors build these cases and why the pre-indictment window is the only one that matters.
Share this analysis:

Listen to Article

Part 1: Free Heart Screens, Phantom Diagnoses

Federal prosecutors charged 455 defendants in the 2026 takedown, and the Florida cases share a pattern that should worry every diagnostic-testing and cardiology practice in the state.

0:000:00

Federal prosecutors charged 455 defendants in the 2026 National Health Care Fraud Takedown, and the cases coming out of Florida share a pattern that should worry every diagnostic-testing and cardiology practice in the state. The targets are no longer just billing companies and durable-medical-equipment brokers. They are licensed physicians, the practices they run, and the marketers who feed them patients. One South Florida cardiology operation is accused of billing roughly $89 million for cardiac screenings that were marketed to college student-athletes as free heart checks, then billed to insurers with diagnoses the patients did not have. If you own, direct, or market for a testing practice in Florida, the medical-necessity theory behind that case is the same theory a prosecutor could build against you.

Federal healthcare fraud investigation targeting Florida cardiology and diagnostic testing practices, 2026 DOJ takedown

The 2026 National Health Care Fraud Takedown charged 455 defendants, including 90 doctors and licensed professionals. The Florida cardiology cases rest on a medical-necessity theory that reaches any practice using free-screening marketing to generate insured patients.

Key Takeaways

  • The 2026 federal takedown charged 455 defendants, including 90 doctors and licensed professionals, in cases built on medically unnecessary testing and false diagnoses.
  • The core charge is healthcare fraud under 18 U.S.C. § 1347, often paired with conspiracy under 18 U.S.C. § 1349 and false statements under 18 U.S.C. § 1035.
  • Free-screening marketing tied to insurance billing can trigger the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b, and parallel civil liability under 31 U.S.C. § 3729.
  • South Florida is one of the most aggressive federal healthcare-fraud enforcement zones in the country, and diagnostic testing is now a priority vertical.
  • These cases are won or lost during the federal investigation, before any indictment is filed, not at sentencing.

What Actually Happened

The Justice Department announced the 2026 National Health Care Fraud Takedown on June 23, charging 455 defendants across 56 federal districts in schemes the government values at more than $6.5 billion. Agents seized $182 million in assets. Ninety of those charged are doctors or other licensed medical professionals.

That ratio is the story. The government is no longer satisfied with prosecuting the back-office operators. It is charging the clinicians whose signatures and diagnoses made the billing possible.

The Florida cases fit a recurring template. One cardiology practice is accused of using free heart-screening marketing to recruit healthy young patients, then submitting claims supported by diagnoses, such as hypertension, that the patients never had. Other Florida cases in the same wave involve unnecessary wound care and skin grafts and billing for supplies that were never provided. The common element is medical necessity, or the lack of it, and the paper trail that shows the practice knew.

Physician holding EKG readout across desk from federal agent holding subpoena, healthcare fraud investigation
Free heart screenings are not illegal by themselves. The problem is what happens after: diagnoses the patients did not have, billed to insurers at scale.

What the Government Is Building

Federal healthcare-fraud cases are data cases now. Prosecutors start with billing analytics that flag a provider who out-bills peers for a single test or procedure, then work backward through marketing contracts, patient intake records, and the diagnoses attached to each claim. A practice that screens large volumes of asymptomatic patients and reports abnormal findings at an implausible rate is exactly the profile the National Fraud Enforcement Division is trained to surface.

The marketing layer is where many testing practices expose themselves. When a free screening is used to generate insured patients and the screening company is paid based on the volume or value of resulting billings, the arrangement can be read as a kickback. That converts a billing dispute into a criminal conspiracy and pulls in everyone who touched the referral chain.

This is why a federal investigation defense has to account for the whole structure of the practice, not just the codes.

The government works backward from billing data through marketing contracts and intake records. By the time agents appear, the investigation is already months old.
Federal agents reviewing patient files in cardboard boxes in a medical office hallway

Exposure and the Charges That Drive It

The anchor charge is healthcare fraud under 18 U.S.C. § 1347, which carries up to 10 years per count and up to 20 years if the fraud results in serious bodily injury. Prosecutors routinely add conspiracy under 18 U.S.C. § 1349, which carries the same exposure as the underlying offense, and false statements relating to healthcare matters under 18 U.S.C. § 1035.

Where free-screening or referral payments are involved, the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b, adds another five years per violation and independent civil exposure.

Sentencing turns on loss. In a billing case the government will argue the full amount billed, not the amount paid, and will push for enhancements based on the number of patients, the use of sophisticated means, and the defendant's role. A practice that billed tens of millions can face a guideline range measured in years even for a first-time defendant.

On top of the criminal case, the civil False Claims Act, 31 U.S.C. § 3729, allows treble damages and per-claim penalties. The two proceedings often run in parallel.

The Mistakes That Sink These Cases Early

Talking to federal agents who appear at the office or home without counsel present. Agents are interviewing to lock in statements, not to clear you. Anything said in that conversation can be used to establish knowledge and intent.

Producing records in response to a subpoena without a litigation hold and a strategy. Disorganized or selective production creates obstruction exposure. Handing over records you have not reviewed, or altering them, turns a billing case into a separate criminal charge.

Assuming the matter is not serious because no charges have been filed. By the time an indictment issues, the investigation is largely complete. Silence from the prosecutor is not safety.

Letting employees or marketers speak to investigators without coordinated counsel. Their statements can lock in facts that are hard to contest later.

Waiting for the indictment to hire a federal criminal defense attorney. The most valuable defense work happens before charges, when the charging decision is still open.

Federal indictment charging document showing HEALTH CARE FRAUD and FALSE STATEMENTS, cardiology billing printout beside it
By the time a federal indictment arrives, the investigation is done. The charging decision is made. The pre-indictment window is where outcomes are shaped.

The Defense Approach That Works

The strongest position in a healthcare-fraud matter is built during the investigation. Early intervention lets defense counsel test the government's medical-necessity theory with the practice's own clinical records, retain the right experts before the government locks in its narrative, and present a documented good-faith case to the prosecutor while the charging decision is still fluid.

A pre-indictment defense can narrow the conduct at issue, separate a legitimate practice from a few bad referral relationships, and in some cases keep a target from being charged at all.

Where charges are likely, the decision between cooperation and litigation has to be made with full visibility into the exposure, the strength of the medical-necessity proof, and the client's role relative to others.

Why Timing Controls the Outcome

Healthcare-fraud investigations move quietly and then quickly. The government spends months pulling billing data and interviewing patients and former employees before anyone at the practice knows the file exists. The window to change the outcome opens when the first subpoena, target letter, or agent visit lands, and it closes when the grand jury returns an indictment.

South Florida providers do not have the luxury of waiting. This district charges these cases aggressively, and the practices that survive are the ones that engaged counsel at the first sign of an inquiry.

Common Questions

Can a doctor be charged criminally for ordering tests that were not medically necessary?
Yes. Under 18 U.S.C. § 1347, knowingly billing federal or private insurers for medically unnecessary services is healthcare fraud, even when the test was performed. The government proves intent through billing patterns, marketing arrangements, and diagnoses unsupported by the patient's actual condition.
Is offering free health screenings illegal?
Free screenings are not illegal by themselves. The problem arises when the screening is used to generate insured patients and the screening company is paid based on the resulting billings. That structure can implicate the Anti-Kickback Statute and turn a marketing program into evidence of a criminal conspiracy.
Should I talk to federal agents if they come to my practice?
Not without counsel. Agents conducting a healthcare-fraud investigation are gathering statements to support charges. Anything you say can be used to establish knowledge and intent. Decline politely and contact a federal criminal defense attorney immediately.
What is the difference between the criminal case and the civil False Claims Act case?
The criminal case under 18 U.S.C. § 1347 can result in prison and forfeiture, with proof beyond a reasonable doubt. The civil case under 31 U.S.C. § 3729 seeks treble damages under a lower burden of proof. The two often proceed at the same time.

Facing a Federal Healthcare Fraud Investigation in Florida?

The decisions you make before charges are filed shape everything that follows. AMC Defense Law represents physicians, practice owners, and marketers in federal investigations and prosecutions in South Florida and nationwide. If agents have contacted you, or you have received a subpoena or target letter, speak with a federal criminal defense attorney before you respond. Consultations are confidential.

Aaron M. Cohen, federal defense attorney at AMC Defense Law, South Florida healthcare fraud defense

Aaron M. Cohen represents physicians, practice owners, and marketers in federal healthcare fraud investigations in South Florida and nationwide.


This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. If you are under investigation or believe you may be a target of a federal healthcare fraud investigation, consult a qualified federal criminal defense attorney immediately.

If the legal developments discussed in this article affect your case, don't wait.

Aaron M. Cohen, Principal Attorney

Aaron M. Cohen

Principal Attorney

Aaron M. Cohen is a nationally recognized criminal defense attorney with over 30 years of experience representing individuals and entities in complex criminal investigations and prosecutions across the United States.

View Attorney Profile
Continue reading
30+ Years of Federal & State Defense Experience

Need Expert Legal Defense?

Facing federal gun or drug charges in South Florida? The DOJ's aggressive enforcement climate demands experienced federal defense counsel. Our team understands the complex intersection of firearms and narcotics law.

All consultations are completely confidential