Roger Rousseau was recently indicted in Miami, Florida for two counts of health care fraud and one count of conspiracy to commit health care fraud. Both are Federal offenses and carry a maximum prison sentence of 10 years per each count for a maximum of 30 years.
According to his Health Care Fraud Indictment.pdf, 6 other people were indicted as well. They include: Doris Crabtree, Angela Salafia, Liliana Marks, Ruben Busquets, Alina Fonts, and Blanca Ruiz.
The charges in this case are very serious and require a criminal attorney to perform a careful analysis. In fact, most people charged with health care fraud in Federal court will serve some kind of prison sentence that will vary based on their criminal history (or lack thereof), their role/involvement in the health care fraud, how much money was fraudulently obtained from the Government, and a number of other factors, such as the extent and success of any cooperation they may have provided the Government.
In cases like these, it is not uncommon for the lower level people, such as office assistants and therapists to turn on their employer and testify against him/her.
As a Federal criminal defense attorney, my candid answer regarding the possibility of prison is that it is very likely in this case for all involved. To say otherwise, would be to deny the realities of Federal court.
That said, the focus of criminal defense in a health care fraud case like this one is to minimize the client's exposure to prison and to assess whether there is a chance of winning at trial, even though trial can be very risky and is used infrequently.
To do so, a criminal attorney must evaluate the evidence and applicable law to determine if the prosecutor can prove his/her case. Remember, the burden of proof always lies with the prosecution, not the defense.
Specifically, a criminal defense lawyer must look for any lack of evidence, any conflict in the evidence, any credibility problems with witnesses, and any legal defenses, such as unlawful wire taps or illegal search and seizure.
Step One: Bond
Once someone is indicted by a grand jury, a warrant for that person's arrest will be issued by a judge. The warrant is then served on the defendant by taking him/her into custody.