False Claims Act Lawyer

A False Claims Act case can put your company, your license, and your freedom at risk all at once, because it combines crushing civil penalties, treble damages, and, in many matters, a parallel criminal investigation by the Department of Justice. These cases usually begin in secret, triggered by a whistleblower or a data-driven government audit, and by the time you receive a subpoena or a civil investigative demand, the government has often been building the case for a year or more. If you or your business is facing a False Claims Act matter in New York City, the lawyer you choose is the most important decision you will make.

Varghese & Associates, P.C. is a federal criminal defense and white-collar firm on Wall Street, in the heart of the Southern District of New York. The firm is led by Vinoo Varghese, a former prosecutor and one of the most recognized criminal defense attorneys in the country. Our False Claims Act defense lawyers handle these matters in house, from the first civil investigative demand or subpoena through the government's investigation, any parallel criminal case, and litigation. Matters are not routed out to other firms.

Call now for a confidential consultation with a New York City False Claims Act attorney. The earlier our False Claims Act lawyers are involved, the more they can do.

A False Claims Act Defense Lawyer the National Media Turns To

When the biggest federal financial cases in the country are in the news, networks and newspapers call Vinoo Varghese to explain what is really happening in the courtroom. That is the same judgment and credibility our False Claims Act defense lawyers bring to your case.

Vinoo Varghese has provided legal analysis and commentary for CBS News, Fox News, Fox Business, CNN, MSNBC, Court TV, HLN, BBC, Inside Edition, i24 News, Sky News Arabia, and Nancy Grace's Crime Stories, and has hosted true-crime legal analysis for Vanity Fair. He has been quoted as a legal authority by The New York Times, The Wall Street Journal, the New York Law Journal, Law360, the New York Daily News, and the New York Post. He has broken down some of the most closely watched white-collar and federal matters of the last decade for national audiences, including the Jeffrey Epstein case, the Michael Cohen matter, and the federal college-admissions prosecution.

That national platform is built on real courtroom credentials:

• Former prosecutor. Before founding the firm, Vinoo Varghese served as a prosecutor in the Brooklyn District Attorney's Office, working trials, investigations, and appeals. He knows how the government builds a fraud case because he used to build them.
• Nationally ranked. Named to the National Trial Lawyers Top 100 for nine consecutive years, selected as a New York Metro Super Lawyer for eight years, and rated AV Preeminent by Martindale-Hubbell, its highest rating for legal ability and ethics, for six years.
• Teaches other lawyers to try cases. He has served on the visiting faculty of Harvard Law School's Trial Advocacy Workshop and taught trial advocacy at Cardozo, Brooklyn Law School, and Hofstra.
• A courtroom lawyer, not a referral service. He has personally tried and argued federal and state matters, including tax-fraud and public-corruption cases, and has won mistrials, appeals, and acquittals through aggressive cross-examination and motion practice.

What Is the False Claims Act?

The False Claims Act is a federal law that makes it illegal to knowingly submit, or cause to be submitted, a false or fraudulent claim for payment to the federal government, and it lets the government recover three times its damages plus a penalty for every false claim. Originally passed to combat Civil War supplier fraud, it is now the government's primary tool against fraud involving federal money, especially in health care, government contracting, and pandemic relief programs. The core statute is civil, found at 31 U.S.C. §§ 3729 through 3733, but the same conduct frequently draws a parallel criminal investigation, which is why a False Claims Act matter should be treated as a potential criminal case from day one.

How Do False Claims Act Cases Begin?

Most False Claims Act cases begin with a whistleblower, called a relator, who files a sealed qui tam lawsuit on the government's behalf, or with a government audit or data analysis that flags suspicious billing. A qui tam complaint is filed under seal, meaning you may not even know you are being investigated while the government reviews the allegations and decides whether to intervene. The first sign for many businesses is a civil investigative demand, a subpoena, or a contact from federal agents. Because so much happens before you are aware of it, the moment you learn of a False Claims Act matter is the moment to bring in a defense lawyer, before the government commits to a theory or decides to pursue criminal charges.

The Statutes Behind False Claims Act Cases

A False Claims Act matter rarely stays purely civil. Prosecutors and civil attorneys often pursue the same conduct under several statutes at once, and the criminal exposure is what raises the stakes. The sections below explain the laws most often in play. This is a general guide, not legal advice about your case. The exact claims and charges depend on the facts.

The Civil False Claims Act

The civil False Claims Act is where these cases live, and it carries financial penalties severe enough to threaten a company's survival. The key provisions include:

• False Claims Act liability for knowingly submitting false claims, with treble damages and per-claim penalties (31 U.S.C. § 3729)
• Civil actions, including sealed qui tam whistleblower suits and government intervention (31 U.S.C. § 3730)
• Whistleblower anti-retaliation protection for employees (31 U.S.C. § 3730(h))
• False Claims Act procedure, including the government's civil investigative demand power (31 U.S.C. §§ 3731 and 3733)

Criminal False Claims and Related Charges

When the government believes the false claims were knowing and intentional, the same facts can be charged criminally, turning a civil penalty case into a matter of personal liberty. Common charges include:

• Criminal false, fictitious, or fraudulent claims against the United States (18 U.S.C. § 287)
• Conspiracy to defraud the government with respect to claims (18 U.S.C. § 286)
• False statements to a federal agency (18 U.S.C. § 1001)
• General conspiracy to defraud the United States (18 U.S.C. § 371)

Fraud Statutes Stacked On in False Claims Act Matters

Because most False Claims Act cases arise in health care and federal programs, they are frequently paired with the government's core fraud statutes. Common companion charges include:

• Health care fraud (18 U.S.C. § 1347)
• Federal Anti-Kickback Statute, for paying or receiving value for referrals (42 U.S.C. § 1320a-7b(b))
• Wire fraud and mail fraud (18 U.S.C. §§ 1343 and 1341)
• Money laundering of the alleged proceeds (18 U.S.C. §§ 1956 and 1957)

What Is a Qui Tam or Whistleblower Lawsuit?

A qui tam lawsuit is a case filed by a private whistleblower, known as a relator, who sues on behalf of the United States under the False Claims Act and can receive a share of whatever the government recovers. That financial reward, often 15 to 30 percent of the recovery, gives insiders a powerful incentive to report, and relators are frequently current or former employees, competitors, or contractors. The complaint is filed under seal while the Department of Justice investigates and decides whether to intervene. Understanding who the relator is, what they actually know, and whether their allegations hold up is a central part of defending a False Claims Act case.

What Are the Penalties Under the False Claims Act?

False Claims Act penalties include treble damages, meaning three times the government's actual loss, plus a civil penalty for each individual false claim that is adjusted for inflation and can exceed $25,000 per claim, and in health care matters, potential exclusion from Medicare and Medicaid. Because penalties attach to each claim, a billing practice repeated thousands of times can generate liability far larger than the underlying loss. On top of the civil exposure, a parallel criminal case can add prison time and forfeiture. Fighting how damages and the number of claims are calculated, and keeping a civil matter from turning criminal, is where an experienced False Claims Act defense lawyer adds the most value.

What Industries Face the Most False Claims Act Cases?

The industries most often targeted under the False Claims Act are health care, government contracting, and pandemic relief programs, because that is where the most federal money flows. Hospitals, physician practices, pharmacies, home health and hospice providers, medical device and pharmaceutical companies, defense and government contractors, and recipients of PPP and other CARES Act funds all face heightened exposure. Our False Claims Act attorneys defend individuals and companies across these sectors, including matters that overlap with health care fraud and pandemic-relief fraud investigations.

What Are the Defenses to a False Claims Act Case?

False Claims Act liability turns on the word "knowingly," and that is where the defenses concentrate. Every case is different, but the strategies our False Claims Act lawyers commonly use include:

• No knowledge or intent. The Act requires that a claim was submitted knowingly. An honest billing error, a reasonable interpretation of an ambiguous rule, or a good-faith mistake is not a false claim.
• Objective reasonableness. Where the governing regulation is genuinely unclear, a reasonable interpretation of it can defeat the knowledge element.
• No materiality. The government must prove the alleged falsity was material to its payment decision. Technical or minor noncompliance that would not have changed payment is not enough.
• Attacking the damages and claim count. Forensic accounting can dismantle inflated damages theories and the per-claim multiplication that drives the penalty number.
• Relator credibility and the public-disclosure bar. A relator's motives, knowledge, and whether the allegations were already public can all undercut a qui tam case.
• Protecting against the criminal track. Careful handling of the civil case to avoid statements and admissions that fuel a parallel criminal prosecution.

What Should You Do If You Receive a Civil Investigative Demand or Subpoena?

If you receive a civil investigative demand, a subpoena, or a contact from federal agents in a False Claims Act matter, do not respond on your own, do not answer questions without counsel, and do not alter, delete, or destroy any records. Call a False Claims Act defense lawyer immediately. A civil investigative demand is a powerful investigative tool, and how you respond shapes the entire case. Preserving documents, controlling the flow of information, and asserting your rights from the start can be the difference between a civil resolution and a criminal referral. Preserve everything, say nothing without counsel, and let your federal white-collar crime lawyer engage the government.

How Our False Claims Act Defense Lawyers Can Help You

Our False Claims Act defense lawyers defend these matters at every stage, and they look for the earliest possible point at which the case can be won or narrowed:

• Early intervention. Responding to civil investigative demands, subpoenas, and target letters, and engaging the Department of Justice while a qui tam complaint is still under seal to argue against intervention or criminal referral.
• Parallel-proceedings strategy. Coordinating the defense across the civil False Claims Act case and any parallel criminal investigation while protecting your Fifth Amendment rights.
• Internal investigation. Conducting discreet internal reviews for companies and boards to understand the exposure and shape the response.
• Attacking damages and materiality. Challenging the government's damages model, the claim count, and whether any alleged falsity was truly material to payment.
• Litigation and trial. Litigating motions to dismiss and, where needed, trying cases before federal judges and juries in the Southern District, the Eastern District, and other districts as engaged.
• Resolution. Negotiating settlements, corporate integrity agreements, and, where possible, declinations that avoid criminal exposure and exclusion.

Representative Results

Vinoo Varghese has achieved results in serious federal and high-stakes white-collar matters, including securing a mistrial through cross-examination in a public-corruption prosecution, obtaining a new trial and ultimately an acquittal in a federal tax-fraud case after exposing prosecutorial misconduct, and defending clients in a range of federal fraud matters. Prior results do not guarantee a similar outcome. Every case is different, and past success in one matter does not predict the result in another.

What Is the Difference Between a Civil and Criminal False Claims Act Case?

A civil False Claims Act case seeks money, treble damages, per-claim penalties, and sometimes exclusion, on a preponderance-of-the-evidence standard, while a criminal case built on the same facts seeks conviction and prison and requires proof beyond a reasonable doubt. The two often run in parallel, and information given in the civil matter can be used in the criminal one. Coordinating both, so that a move to resolve the civil case does not hand the government a criminal case, is one of the most important and most technical parts of False Claims Act defense.

Can a False Claims Act Case Be Dismissed or Resolved Before Trial?

Yes. Most False Claims Act cases are resolved before trial, whether through a motion to dismiss on materiality or knowledge grounds, a government declination to intervene that weakens a qui tam suit, or a negotiated civil settlement that avoids criminal exposure. Because liability hinges on knowledge and materiality, these cases are often more defensible than the penalty numbers suggest. Nothing is guaranteed, but early, aggressive defense makes a favorable resolution far more likely.

How Much Does It Cost to Hire a False Claims Act Lawyer in New York City?

The cost of a False Claims Act lawyer in New York City depends on the size and complexity of the matter, the volume of records, whether a parallel criminal investigation exists, and whether the case settles or is litigated. These matters involve extensive document review, forensic accounting, and detailed motion practice, so they require real work. Our federal white-collar crime attorneys are transparent about fees from the first conversation and structure the representation to fit the matter. Given the treble damages and potential criminal exposure at stake, the more important question is usually what an inadequate defense can cost you.

How Long Does a False Claims Act Case Take?

Most False Claims Act cases take from one to several years, in part because a qui tam complaint can sit under seal while the government investigates for months or years before you even learn of it. Once the matter is active, the timeline is driven by the volume of discovery, the government's intervention decision, motion practice, and whether the case settles or is litigated. A negotiated resolution can shorten it, and a contested case can extend it.

Why Choose Varghese & Associates for Your False Claims Act Defense?

False Claims Act defense sits at the intersection of civil litigation, regulatory enforcement, and criminal law, and it demands a lawyer who is ready for all three at once. Vinoo Varghese brings a former prosecutor's understanding of how the government investigates and charges fraud, a trial lawyer's willingness to take a case in front of a jury, and the national credibility of an attorney the major networks call on to explain the law. Our New York City False Claims Act defense attorneys handle these matters in house, on Wall Street, in the districts where the most significant federal fraud cases in the country are prosecuted.

Contact a New York City False Claims Act Lawyer Now

If you or your business has received a civil investigative demand, a subpoena, or notice of a qui tam or government False Claims Act investigation anywhere in New York City, do not wait and do not respond on your own. Speak with a False Claims Act lawyer who has stood in the courtroom, tried the cases, and earned the national platform that comes with real results.

Call Varghese & Associates, P.C. at (212) 430-6469, or contact us online, for a confidential consultation. Our office is located at 2 Wall Street, Suite 310, New York, NY 10005, steps from the federal courthouses of the Southern District of New York.

Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is for general educational purposes and is not legal advice. Contacting the firm does not create an attorney-client relationship.