The crime of aiding and abetting a criminal act, or more specifically Medicaid Fraud is considered to be a “secondary” criminal liability. To aid and abet Medicaid fraud is to knowingly assist another in committing the fraud, which renders the perpetrator guilty of misconduct.
Is the crime of aiding and abetting Medicaid Fraud the same as the crime of conspiracy to defraud Medicaid?
No. Conspiracy and aiding and abetting liabilities are similar in that both involve the participation of multiple defendants in the furtherance of a criminal act, such as Medicaid fraud. However, conspiracy is generally broader in definition, which permits New York State and federal prosecutors greater flexibility in prosecution multiple defendants and in the presentation of evidence.
But to prove an aiding and abetting violation, the prosecutor must show:
- A primary violation of the penal laws by another
- That the aider or abettor had knowledge of the primary fraudulent act
- That the aider or abettor rendered substantial assistance to the primary defendant in furtherance of committing Medicaid fraud.
Despite the similarities, the crime of aiding and abetting in Medicaid fraud does not encompass as severe criminal liabilities as conspiring to defraud Medicaid, which can render the conspirator up to five years of incarceration.
It is advisable that at the onset of a Medicaid fraud investigation you should call a skillful and experienced New York City criminal defense attorney before speaking with the investigator. Even when the investigator has gather enough evidence before speaking to you to charge you of aiding and abetting Medicaid fraud, they can use your incriminating testimonies as further evidence to raise the charges to conspiracy to defraud Medicaid.
If you are investigated for or charged with Medicaid Fraud in New York City, then call our office at (212) 577-6677 to get professional legal advice.