False Claims Act Lawyer: Defending Against Government Allegations

At Varghese & Associates, P.C., we provide comprehensive defense representation for individuals and organizations facing allegations under the False Claims Act (FCA). When the government brings such allegations, the consequences can be severe, potentially resulting in financial penalties, reputational damage, and in some cases, criminal charges. Our team of dedicated false claims act lawyers works diligently to protect your rights, build strategic defenses, and navigate the complex landscape of government investigations.

What is the False Claims Act?

The False Claims Act is a federal law that imposes liability on individuals and companies who defraud governmental programs. Originally enacted during the Civil War to combat defense contractor fraud, today the FCA applies to any federally funded program, including Medicare, Medicaid, defense contracts, research grants, and other government spending programs.

A false claims act lawyer understands that allegations can arise from various scenarios:

• Submitting claims for services not rendered
• Billing for higher-cost services than those actually provided
• Knowingly using false records to get claims paid
• Conspiring with others to get false claims paid
• Knowingly retaining overpayments from the government

The complexity of these cases requires representation from an experienced false claims act lawyer who understands both the regulatory framework and the practical aspects of government investigations.

Potential Penalties Under the False Claims Act

As false claims act lawyers, we emphasize that FCA violations carry severe consequences that can threaten both individual careers and organizational viability.

• Per-Claim Civil Penalties: Each separate false claim can trigger penalties ranging from $12,537 to $25,076 (as of 2024, subject to annual inflation adjustments).
• Treble Damages: The government can demand three times the amount of actual damages sustained, potentially creating enormous financial exposure even for relatively small billing irregularities.
• Program Exclusion: Defendants may face exclusion from Medicare, Medicaid, or other federal programs, effectively ending the ability to participate in government-funded work.
• Reputational Harm: Beyond financial penalties, the public nature of FCA allegations can cause lasting damage to professional standing and business relationships.
• Parallel Criminal Proceedings: In cases involving intentional misconduct, the government may simultaneously pursue criminal charges alongside the civil FCA case.
• Individual Liability: Corporate officers, directors, and employees may face personal liability even when acting in their official capacities.
• Whistleblower Rewards: Qui tam relators (whistleblowers) can receive up to 30% of recovered funds, creating significant incentives for individuals to report suspected violations.

When confronting these potentially devastating outcomes, engaging a skilled false claims act lawyer early in the process becomes essential for developing effective defense strategies and protecting your professional future.

How a False Claims Act Lawyer from Varghese & Associates Can Help

At Varghese & Associates, our false claims act lawyers implement a strategic, multifaceted approach tailored to each client's specific circumstances and challenges.

• Immediate Response and Investigation: Our false claims act lawyers act swiftly to gather facts, preserve evidence, interview key witnesses, and develop a comprehensive understanding of the allegations before the government's case builds momentum.
• Pre-Emptive Defense Strategy: Our white-collar criminal defense lawyers proactively identify potential weaknesses in the government's theories, from challenging the materiality of alleged falsehoods to questioning statistical sampling methodologies used to extrapolate damages.
• Regulatory Navigation: Our team clarifies ambiguities in complex healthcare regulations, government contracting requirements, and other program rules that often form the basis of false claims act allegations.
• Government Negotiations: Drawing on substantial experience, our false claims act lawyers engage with federal prosecutors and civil enforcement attorneys to potentially secure reduced penalties, favorable settlement terms, and protection from program exclusion.
• Parallel Proceedings Management: When cases involve both civil and criminal exposure, our white-collar crime lawyers work alongside our false claims act team to coordinate defense strategies across multiple forums.
• Whistleblower Assessment: We evaluate the credibility and motivations of qui tam relators, identifying potential defenses such as the public disclosure bar or first-to-file restrictions.
• Trial Advocacy: When litigation becomes necessary, our courtroom-tested false claims act lawyers develop compelling narratives, challenge government evidence, prepare expert witnesses, and deliver persuasive arguments to judges and juries.
• Damage Control: Throughout the process, we implement strategies to minimize collateral consequences, including reputational damage, business disruption, and professional licensure issues.

When facing the complexities of an FCA investigation, having experienced false claims act lawyers who understand both the technical nuances of the law and the practical realities of government enforcement can make a critical difference in the outcome of your case.

False Claims Act Defense Cases We Take

As dedicated False Claims Act lawyers, we defend clients across diverse sectors where government funding creates heightened regulatory scrutiny and enforcement risk.

• Healthcare Billing Disputes: Our false claims act lawyers defend providers against allegations of upcoding, unbundling, medically unnecessary services, and other reimbursement issues that form the basis of many healthcare FCA cases.
• Anti-Kickback and Self-Referral Allegations: We represent clients facing claims that business arrangements violated the Anti-Kickback Statute or Stark Law, which are frequently pursued as predicate violations under the False Claims Act.
• Government Contract Compliance: Our team defends contractors against allegations involving product substitution, labor mischarging, defective pricing, and other claims that deliverables failed to meet contractual specifications.
• Small Business Program Fraud: We protect clients accused of misrepresenting eligibility for set-aside contracts, including allegations related to size standards, ownership control, and economic disadvantage status.
• Grant and Research Funding: Our false claims act lawyers defend research institutions and grant recipients against charges of misappropriating federal funds, falsifying data, or failing to comply with grant terms.
• Mortgage and Loan Fraud: We represent financial institutions facing allegations related to government-backed loans, including FHA, VA, and SBA lending programs where certifications are subject to FCA enforcement.
• Customs and Import Duties: Our team defends importers against claims involving misclassification of goods, undervaluation, or country of origin misrepresentations that allegedly resulted in underpayment of duties.
• Pharmaceutical Marketing Practices: We handle cases involving allegations of off-label promotion, Average Wholesale Price reporting issues, and purported violations of manufacturing standards that implicate the False Claims Act.

When facing government allegations in these complex areas, having a false claims act lawyer with industry-specific knowledge can substantially strengthen your defense position and help navigate toward favorable resolutions.

False Claims Act and White-Collar Crime Intersections

In serious FCA cases, the government may pursue both civil penalties and criminal charges. As a white-collar crime lawyer team, we offer comprehensive representation across both civil and criminal domains. This integrated approach provides significant advantages:

• Coordinated defense strategies across civil and criminal proceedings
• Protection of constitutional rights during investigations
• Strategic management of parallel proceedings
• Unified representation to avoid conflicts between defense approaches

A white-collar crime lawyer from our team works alongside our false claims act lawyers to ensure all aspects of your case receive appropriate attention and strategic consideration.

Signs You're Being Investigated for False Claims Against The Government

As false claims act lawyers, we advise clients that government investigations often proceed quietly before formal actions occur, but certain signals may alert you to potential scrutiny.

• Document Requests or Subpoenas: Receipt of Civil Investigative Demands (CIDs), subpoenas, or informal requests for documents related to government billings or contracts often serves as the first concrete sign of an FCA investigation.
• Employee Interviews: Government agents contacting current or former employees for interviews about billing practices, contract compliance, or internal operations typically indicates an active investigation is underway.
• Unusual Audit Activity: Heightened scrutiny during routine audits, expanded audit scope, or auditors focusing extensively on specific claims or time periods may signal that concerns have been elevated to an enforcement level.
• Suspension of Payments: Sudden holds on government payments, particularly Medicare or Medicaid reimbursements or federal contract payments, often indicates the government is investigating potential false claims issues.
• Whistleblower Activities: Unusual document copying, excessive questions about billing practices, or former employees making pointed accusations about compliance could suggest whistleblower activity behind an investigation.
• Unannounced Site Visits: Surprise inspections or visits from government investigators, particularly from agencies like the OIG, FBI, or other enforcement personnel, represent a significant escalation in investigative activity.
• Competitor Investigations: Enforcement actions against similar companies in your industry for comparable practices may indicate a broader enforcement initiative that could soon extend to your organization.
• Data Analytics Flags: Medicare contractors, Medicaid programs, and other agencies now use sophisticated data analytics to identify statistical outliers in billing patterns, which frequently trigger investigations.

If you notice any of these warning signs, consulting with a false claims act lawyer immediately can help protect your interests while the investigation is still developing and before the government has solidified its position.

What To Do If Charged with False Claims Against The Government

If you receive formal notice of False Claims Act allegations, your immediate actions can significantly impact the ultimate outcome of your case and the range of defense options available to our False Claims Act lawyers.

• Preserve All Documents: Immediately implement a comprehensive litigation hold to preserve all potentially relevant documents, emails, text messages, and other records related to the government contracts or programs at issue.
• Limit Internal Communications: Avoid creating new emails, memos, or other written communications discussing the allegations, as these could be discoverable and potentially misinterpreted during later proceedings.
• Engage Legal Counsel Promptly: Contact a false claims act lawyer with specific FCA defense experience before responding to any government communications, as early legal intervention can help shape the direction of the investigation.
• Assess Insurance Coverage: Review any directors and officers (D&O) insurance policies or other coverage that might help fund your legal defense, as FCA litigation can be lengthy and resource-intensive.
• Maintain Confidentiality: Restrict discussion of the allegations to those with a genuine need to know, as breaching the seal in qui tam cases can create additional liability and complicate defense strategies.
• Conduct Internal Investigation: Work with your false claims act lawyer to carefully investigate the allegations internally, identifying key witnesses, documents, and facts that may support your defense position.
• Evaluate Compliance Programs: Assess existing compliance programs to identify potential improvements that demonstrate commitment to preventing future issues, which may positively influence settlement negotiations.
• Consider Parallel Criminal Exposure: Consult with a white-collar crime lawyer about potential criminal implications, as FCA investigations can sometimes lead to parallel criminal proceedings requiring coordinated defense approaches.
• Assess Settlement Options: Evaluate potential settlement opportunities early in the process with your false claims act lawyer, as resolving matters before formal litigation can sometimes minimize financial penalties and collateral consequences.

Protect Your Future Against False Claims Allegations

When facing government accusations under the False Claims Act, timing is crucial and the stakes couldn't be higher. Contact Varghese & Associates today for a confidential consultation with a false claims act lawyer who will vigorously defend your interests and work toward the most favorable resolution possible.

False Claims Act Defense Lawyer FAQs

What is the statute of limitations for False Claims Act cases?

The FCA has a complex limitations period. Generally, the government must file claims within six years of the violation or three years after government officials knew or should have known about the violation, but not more than ten years after the violation occurred. This "first-to-know" rule creates significant variance in when cases can be brought, making it essential to consult with a false claims act lawyer about your specific situation.

Can individuals be held personally liable under the False Claims Act?

Yes, the False Claims Act permits actions against individuals even when they acted in their corporate capacity. Corporate officers, physicians, managers, and others who participated in submitting false claims can face personal liability regardless of whether their employer is also named. Our false claims act lawyers develop protection strategies for both organizations and individuals.

How does the government calculate damages in FCA cases?

The government typically calculates base damages as the full amount paid on claims deemed false, not just the portion that was fraudulent. These base damages are then trebled (multiplied by three). Additional per-claim penalties are then added to this amount. A false claims act lawyer can often challenge these calculations by disputing which claims were actually false and whether the government received value despite technical violations.

What happens if a whistleblower participated in the alleged wrongdoing?

Whistleblowers who planned or initiated the violation may have their share of any recovery reduced, and those criminally convicted for their role cannot recover anything. However, mere participation does not automatically disqualify a whistleblower. Our white-collar crime defense lawyers can often leverage a whistleblower's involvement to question their credibility and motives during defense proceedings.

Are voluntary disclosures to the government beneficial?

In some cases, voluntary disclosure of potential FCA violations can mitigate penalties and demonstrate good faith. However, disclosures must be carefully timed and structured to maximize protection. A false claims act lawyer can help assess whether voluntary disclosure makes strategic sense in your specific circumstances and how to structure any disclosure to minimize risk.

How do corporate compliance programs affect False Claims Act cases?

Robust compliance programs can significantly impact FCA case outcomes. While not an absolute defense, evidence of good-faith compliance efforts may influence the government's intervention decision, penalty calculations, and settlement terms. Our false claims act lawyers can help strengthen compliance programs both proactively and in response to allegations.

What is the relationship between the False Claims Act and other fraud statutes?

The government often pursues parallel theories under multiple statutes including the Anti-Kickback Statute, Stark Law, Federal Food, Drug and Cosmetic Act, and similar authorities. Each law has distinct elements and defenses. Our false claims act lawyers work alongside white-collar crime attorneys to coordinate defense strategies across all applicable statutes.

How are FCA cases different from standard business litigation?

FCA cases involve unique procedural rules, specialized knowledge of government operations, understanding of regulatory frameworks, and experience with government enforcement priorities. These cases proceed differently from routine commercial litigation, with the government's involvement creating complex strategic considerations that require representation from a false claims act lawyer with specific FCA experience.

Protect Your Future Against False Claims Allegations

When facing government accusations under the False Claims Act, timing is crucial, and the stakes couldn't be higher. Contact Varghese & Associates today for a confidential consultation with a false claims act lawyer who will vigorously defend your interests and work toward the most favorable resolution possible.