Colorado False Claims Act Attorneys Denver CO
In Colorado, a Federal False Claims Act investigation can turn your contracting business or healthcare practice upside down immediately. Whether it’s healthcare fraud or federal government contracts fraud, do you have the legal firepower to defend your reputation and livelihood?
We Build a Legal Defense Team that Focuses on Getting Your Investigation Case Dismissed.
LOCATIONS: WASHINGTON DC; DENVER, COLORADO; DUBAI; MIAMI FLORIDA ;LOS ANGELES, CALIFORNIA; US AND INTERNATIONAL REACH
If you are a government contractor or healthcare industry client investigated or charged with federal government contract fraud violation or healthcare fraud or some other federal charge under 31 USC 3729, Our Denver, Colorado False Claims Act attorneys can provide immediate legal defense help in federal cases.
(call our toll-free number 1(866-601-5518) for immediate help.)
31 USC 3729 | FEDERAL PROCUREMENT | CIVIL INVESTIGATIVE DEMANDS | HEALTHCARE FRAUD | BUSINESS PPP LOAN DEFENSE | BUY AMERICAN ACT | TRADE AGREEMENTS ACT | SUBPOENAS | QUI TAM DEFENSE | INDICTMENTS | FEDERAL CRIMINAL TRIALS | WHITE COLLAR DEFENSE
Cases filed under the False Claims Act (FCA), 31 USC 3729 – 3733 and 18 USC 287, can ruin a company’s reputation as a government contractor, health care industry professional, or a CEO or individual caught in the crossfires of the Department of Justice (DOJ), Office of Inspector General (OIG) or some other federal law enforcement agency.
If you have been served a subpoena of Civil Investigative Demand (CID) in Denver or any other part of Colorado, you may be a target in a federal or civil False Claims Act case. This can be a very daunting experience.
Your initial goal is to terminate the investigation or get the federal prosecutor to dismiss the case. The Denver, Colorado False Claims Act attorneys at Watson & Associates, LLC aggressively defend federal government contractors, health care providers, manufacturers, resellers, CEOs, or individuals who are targeted or find themselves under investigation.
Theodore Watson, leading the False Claims Act Healthcare Fraud and Government Contracts Practice Group, brings a unique perspective. He understands the various nuances and adeptly handles legal issues in the U.S. government space.
Your Legal Ally in US Federal Civil and Criminal Defense Cases
Our law firm provides proactive strategies to safeguard your rights and reputation, leveraging our understanding of the federal civil and criminal legal landscapes.
For legal support in healthcare fraud defense, and government contract fraud criminal defense, contact Theodore Watson at 1.866.601.5518. We are committed to serving your legal needs in Colorado.
Federal False Claims Act (FCA) – Key Things to Know
The Federal False Claims Act (FCA) applies to individuals, businesses, and federal government contractors who directly or indirectly are involved with a federal government contract, grant, healthcare program, PPP Loan, or other method of receiving payment or benefit from the government.
Federal prosecutors have to show that you knowingly submit or cause the submission of a false claim for payment or approval by the federal government. For government contractors, it could mean submitting an invoice for payment, submitting a bid, or even certifying information to be admitted into SBA small business programs. The False Act Act also applies to healthcare professionals and applicants for the SBA PPP loan.
Federal prosecutors will present a case suggesting that, regardless of your legal defense, you should have known about the False Claim. Under the FCA, actual knowledge is not required.
False Claims Act Investigation Attorneys – How Can We Defend Your FCA Case?
How to defend against government procurement fraud FCA? We understand that in most cases, 31 USC 3729 Federal False Claims Act defendants do not intend to defraud the government or defraud the healthcare system.
In those cases, we look to be able to show an honest mistake. The immediate goal is to find out what the feds have against you and to conduct an internal investigation. This can be a costly investment. Let our False Claims act investigation attorneys help you.
However, when you are facing civil and criminal charges, the alternative is much more dangerous. Our False Claims Act defense attorneys all work as a team and get to the bottom line – what are we dealing with, and what legal defense strategies can be used to put you in a better position or position to negotiate?
Two essential elements of an FCA violation are (1) the falsity of the claim and (2) the defendant’s knowledge of the claim’s falsity. See U.S. ex rel. Schutte v. SuperValu Inc. The government prosecutors will have to show that you have the scienter required by the FCA and that you correctly understood that standard and thought that your submitted claims were inaccurate.
Our job as False Claims Act defense attorneys is to show that you did not. This is especially true in allegations that you overcharged Medicare and Medicaid programs when seeking reimbursement for prescription drugs.
In False Claims Act cases, courts should look at whether you, the Defendant, knew the claim was false. If you correctly interpreted the relevant phrase and actually believed that your claims were false, then a court could rule against you. Our FCA lawyers look for evidence in your favor.
Can Anyone Attorney Guarantee Winning Your Case?
No. Attorneys are not supposed to, or frankly cannot, guarantee winning a case. Not only is this unethical, but it is also deceptive. After speaking to federal investigators and prosecutors immediately after retaining our lawyers, we will get a feel of the case and push to assess the strengths and weaknesses of your specific case. We sit with key decision-makers and CEOs, develop a plan of action, and execute it.
General Legal Defense In FCA Cases
- Honest Mistakes, Inadvertence and Mere Negligence Do Not Result in FCA Liability
- Opinions Regarding Conclusions of Law or Factual Adherence to Legal Standards Do Not Result in FCA Scienter
- Objective Ambiguity Without Subjective Knowledge Likely Does Not Result in Reckless Disregard or Deliberate Ignorance
- We Assess the case and determine the potential civil and or criminal charg.es
- We work with decision-makers to fideterminehat they can do to resolve the situation (especially without jail time or expensive trials).
- When you are involved in a False Claims Act qui tam case, we look to discredit the Plaintiff (Relator) and pick apart the government’s case
- In high-profile cases (government contract fraud or healthcare fraud), we consider bringing experts to support your legal defenses. This puts you in a better negotiation position.
What Are FCA Penalties under 31 USC 3729?
31 USC 3729 Federal False Claims Act investigations and indictments in Colorado can create significant stress and hardships. However, you still have to deal with the problem. You can either have civil or criminal penalties or both (parallel cases.) You always must be careful with how you respond to one because you don’t know it another case or charges will be brought.
- False Claims Act Civil Liability: Triple damages and a penalty of up to $ 11,000 per claim for anyone who knowingly submits or causes submission of a false or fraudulent claim to the United States.
- False Claims Act Criminal Liability (18 USC 287): Healthcare providers who intentionally present fraudulent claims to the government for reimbursement with the knowledge that such claims were false, fictitious, or fraudulent are exposed to five-year imprisonment and a fine of $ 250,000 (individuals) or $ 500,000 (companies) for federal felony convictions and $ 100,000 (individuals) or $ 200,000 (companies) for misdemeanor convictions— for each claim.
GET A FREE CONFIDENTIAL FCA DEFENSE CHECKLIST HERE
Help for Federal Government Contractors in Colorado
FCA attorney for procurement fraud Colorado: Small businesses and large defense contractors alike face extreme scrutiny when they provide construction or services to the federal government.
When you receive a False Claims Act civil investigative demand from the DOJ or OIG, or some other law enforcement agency, our Colorado False Claims Act lawyers can help. We represent various types of procurement clients, including:
- SBA 8(a) small. Businesses
- Service Disabled Veteran Owned Businesses (SDVOSB)
- SBA HUBZone Small businesses
- Prime Contractors
- Subcontractors
- Corporate CEOs
- Manufacturers
- Health Care Agencies
- Buy American Act (BAA compliance) fraud
- Trade Agreements Act False Claims defense
- Bid rigging
- False medical invoices and treatment
Hire a government procurement fraud defense lawyer Colorado locations (Call 1.866.601.5518).
What is Buy American Act False Claims Fraud?
Best lawyer for FCA government contracts fraud Colorado: A federal government contractor in Colorado can defraud the Government by knowingly providing goods that were procured in violation of the Buy American Act and the U.S. Trade Agreements Act, if the Government would not have purchased the goods from that contractor if it had known of the violations. Whistleblowers can help fight Buy American Act fraud by filing a qui tam lawsuit under the False Claims Act. Watson & Associates offers experienced lawyers who understand procurement laws and how the BAA applies to FCA cases. See 41 U.S.C.A. §10a-d. and FAR Part 25.
U.S. Trade Agreements Act Procurement Fraud Help
Government suppliers entering into Multiple Award Schedule GSA contracts to sell products to federal government purchasers under the Federal Supply Schedule must agree to comply with the U.S. Trade Agreements Act of 1979, 19 U.S.C. § 2501, et. seq. Under the terms of TAA compliance requirements, manufacturers, prime contractors, subcontractors, or vendors who sell foreign-made products to the United States Government are required to only sell such products that are made or “substantially transformed” in countries with reciprocal trade agreements with the United States. When those rules are violated, OIG or DOJ may initiate a False Claims Act case against you. This is where our Flordai Trade Agreements Act false claims defense lawyers can help.
What are Civil and Criminal Penalties Under the False Claims Act?
You can be charged with both (known as parallel cases). If you are a government contractor, healthcare professional, or corporation in Colorado or an individual investigated for violating the False Claims Act, you can be subject to both civil and criminal penalties. Sometimes, you may receive a civil investigative demand (CID) from the Office of Inspector General (OIG), or the Department of Justice (DOJ) alleging violations of the False Claims Act. If you are under investigation and you need reliable legal representation, call the Denver, Colorado False Claims Act defense. lawyers at Watson & Associates, LLC.
You are exposed to the following civil penalties:
- Treble damages (damages that are three times more than the amount that the claim is worth)
- A fine of up to $11,000 per false claim
- State disciplinary proceedings
- Loss of your professional license (health care, construction, or other
- Suspension and debarment
- You could be ordered to pay attorneys’ fees for the federal government
You can also be exposed to criminal False Claims Act penalties which could be:
- Criminal indictment
- Prison time
- A fine of $250,000 per claim for individuals for federal felony convictions
- A fine of $500,000 per claim for businesses for federal felony convictions
- A fine of $100,000 per claim for individuals for a misdemeanor conviction
- A fine of $200,000 per claim for businesses for a misdemeanor conviction
Federal Whistleblower Qui Tam Defense Lawyers in Colorado
Federal False Claims Act investigations or lawsuits in Colorado can be initiated by a filing by a whistleblower or Qui Relator. A relator could be a former or current employee, another contractor, or some other interested party.
These cases are filed under seal and not released to the public. At Watson & Associates, LLC, our False Claims Act Qui Tam defense lawyers help government contractors, defendants in the healthcare industry, CEOs, and individuals charged or investigated under the False Claims Act.
Help With False Claims Act Civil Investigative Demands or Subpoenas
Federal law enforcement agencies, such as OIG, DEA, DOJ, DHHS, or IRS, may issue subpoenas or civil investigative demands for your financial, billing, corporate, communication, and other records. Whether you receive a civil investigative demand or a criminal subpoena, our DID lawyers can help.
We Aggressively Defend You in ColoradoFalse Claims Act Investigations
The Colorado False Claims Act attorneys at Watson & Associates, LLC will initially make contact with the government to immediately develop the best possible legal defense for FCA investigations in Colorado and throughout the United States. Whether you. are investigated for procurement fraud, healthcare fraud our some other basis for the investigation, we can help.
Colorado Qui Tam Defense & HealthCare Fraud False Claims Act Defense Lawyers
Doctors, nurses, other individual healthcare practitioners in Colorado, healthcare entities, businesses, and corporate facilities located in Colorado have an exceptionally higher risk of being involved in a False Claims Act investigation than in the majority of the United States.
Colorado FCA defendants are at a high risk of being investigated.
Antikickback defense/ FCA Attorney: Watson & Associates, LLC offers aggressive defense for healthcare providers and manufacturers in Colorado. We represent hospitals in a federal investigation for antikickback allegations or indicted federally for FCA allegations.
How to defend against healthcare fraud government investigations? Depending on the value of the fraud, government proof, and a number of other factors, it is also possible the complexity of your healthcare fraud False Claims Act case and the odds of you losing at a civil or criminal trial prior to being formally charged. Our Colorado healthcare fraud defense lawyers can help.
Our Colorado healthcare False Claims Act defense lawyers work with local counsel and will provide an experienced healthcare whistleblower defense attorney to aggressively defend your case.
Get Your Free HealthCare Fraud Defense Checklist Here – Available for the NEXT 10 days
Nationwide FCA Investigative Attorneys and Colorado Qui Tam Whistleblower Defense Lawyers
At Watson & Associates, We Offer Top Federal False Claims Act Defense Attorneys Who Have Experience in Government Contracting
Understanding the False Claims statute is just the beginning. Given the risks of jail time in a criminal case or hefty fines in a civil false claims case, we understand the flaws that can be buried in a government investigation brought by the OIG or DOJ. As government investigation attorneys will handle civil investigative demands and assist in responding to CID requests.
Why Choose Watson & Associates, LLC As Your Denver, Colorado False Claims Act Attorney?
At Watson. & Associates, LLC, our law firm, has found that local federal criminal defense attorneys may not always be savvy or experienced in the various underlying allegations that trigger Colorado False Claims Act cases.
This is especially true when the false claims allegation is triggered from the Buy American Act (BAA Compliance); Trade Agreements Act (TAA Compliance) or most of all violation of one the SBA small business programs (SBA 8(a)BD; SDVOSB Fraud; HUBZone Programs).
You will quickly find out that unless legal counsel has some experience in these areas, the government lawyers usually will prevail in a False Claims Act fraud case.
When the federal government prosecutor and investigators come knocking on your door with False Claims Act civil investigative demand (CID) requests, subpoenas, or indictments, the stakes are high; our Colorado False Claims Act lawyers can immediately step in and build an aggressive defense team. We represent clients that include:
- Fortune 500 companies
- Federal government contractors (large and small businesses)
- Pharmaceutical companies
- Medical device manufacturers
- Government construction companies
- Defense contractors for services
- Medical
- Biotechnology firms
- Hospitals
What are Examples of Violations Under the False Claims Act?
Although each case is fact-specific, some of the common violations under the False Claims Act include:
- Charging the government for work or products not provided;
- False certification and fraudulently acquiring a government contract;
- Submitting a false government loan application;
- Submitting a fraudulent application for a government grant;
- Demanding payment for goods or services that do not conform to contractual or regulatory requirements;
- Submitting false invoices for goods or services that are defective or of lesser quality than the. government contracted for;
- Submitting a claim that falsely certifies that the defendant has complied with a law, FAR or contract term, or Health Care regulation;
- Attempting to pay the government less than is owed.
- Representing that you are a small business when you are deemed other than small
- False certification for HUBZone, SDVOSB and SBA 8(a) BD Program contracts
Types of False Claims Act Cases We Handle
The following are some of the issues that our Colorado False Claims Act attorneys. can help with.
- Federal Government contracts
- OIG, DOJ investigations
- Civil Investigative Demands and Subpoenas
- Buy American Act (BAA Compliance)
- Trade Agreements Act (TAA Compliance)
- SBA Small Business Programs (HUBZone, SDVOSB Fraud, SBA 8(a) BD Program )
- Healthcare medical billing fraud
- Kickbacks and Stark law
- Procurement Fraud
- Conspiracy to commit fraud, and more.
FACING TRIAL FOR FALSE CLAIMS ACT FOR HEALTHCARE OR PROCUREMENT FRAUD – DOWNLOAD CRICIAL LEGAL DEFENSE INFORMATION HERE
What is the Federal False Claims Act 31 USC 3729-3733 (FCA) in Colorado?
The FCA targets any person or business who knowingly submits, or causes to submit, false claims to the government. False Claims Act damages can make you liable for three times the amount of the government’s damages plus a penalty that is linked to inflation.
The civil False Claims Act protects the Government from being overcharged or sold non-complying goods or services. Medical equipment sold to the government can violate the Trade Agreements Act (TAA).
Furthermore, when you submit fraudulent claims or invoices for Medicare or for healthcare services not needed or not performed, you can be charged fines of up to three times the program’s loss plus $11,000 per claim filed. When an FCA claim results from a kickback or is made in violation of the Stark law, you may be found in violation. Watson’s Colorado False Claims Act healthcare lawyers can represent you from the investigative stage through trial.
31 USC 3729-3733 – No Specific Intent Required in False Claims Act Healthcare Cases
Under the Civil False Claims Act 31 USC 3729-3733, no specific intent to defraud the government or program is required. The civil FCA defines “knowing” to include not only actual knowledge but also instances in which you. in deliberate ignorance or reckless disregard of the truth or falsity of the information. used.
False Claims Act can arise in other situations, such as when someone knowingly uses a false record material to a false claim or improperly avoids an obligation to pay the government. The False Claims Act can also introduce conspiracy charges to individuals involved in the alleged scheme.
Government contractors and healthcare providers can also face criminal sanctions under the FCA 18 USC 287. Criminal penalties for submitting false claims under 18 USC 287 can include jail time and criminal fines. Physicians have gone to prison for submitting false health care claims. OIG also may impose administrative civil monetary penalties for false or fraudulent claims, as discussed below. These are all areas that our Colorado False Claims Act attorneys can help.
DOWNLOAD YOUR FREE FALSE CLAIMS ACT DEFENSE CHECKLIST HERE
What Are the False Claims Act Penalties?
Federal False Claims Act investigations can cripple your business or career if you do not quickly develop a solid legal defense.
- Civil Liability: Triple damages and a penalty of up to $ 11,000 per claim for anyone who knowingly submits or causes submission of a false or fraudulent claim to the United States.
- Criminal Liability (18 USC 287): Healthcare providers who intentionally present fraudulent claims to the government for reimbursement with the knowledge that such claims were false, fictitious, or fraudulent are exposed to five-year imprisonment and a fine of $ 250,000 (individuals) or $ 500,000 (companies) for federal felony convictions and $ 100,000 (individuals) or $ 200,000 (companies) for misdemeanor convictions— for each claim.
What Legal Defenses Can You Use in a Federal Colorado False Claims Act Case?
Generally, you may have a valid False Claims Act defense if there is objective ambiguity and there is a genuine subjective belief in the validity of the submitted. claim; if you have an honest opinion as to the accuracy of the claim; or companies act with mere negligence or inadvertence, you can potentially defend and prevail. However, if you act with substantial unjustified risk as to the truth or falsity of the claim, you can be criminally exposed. General principles in U.S. ex rel. Schutte v. SuperValu Inc. show that:
- Honest Mistake, Inadvertence and Mere Negligence Do Not Result in FCA Liability
- Opinions Regarding Conclusions of Law or Factual Adherence to Legal Standards Do Not Result in FCA Scienter
- Objective Ambiguity Without Subjective Knowledge Likely Does Not Result in Reckless Disregard or Deliberate Ignorance
What Can You Do to Avoid or Minimize Civil or Criminal False Claims Act Liability?
- Investigate employee concerns.
- Adopt compliance policies and procedures to identify false claims.
- Seek legal advice from you False Claims Act healthcare lawyer on the issue.
- Request guidance from the government (even if the government does not respond).
- Are aware that other similarly situated companies engage in the same practices.
- Are aware of industry publications that support the practice.
Call our CO False Claims Act attorneys and FCA defense lawyers for immediate help. 1.866.601.5518.
Why Are You Under Investigation for False Claims Act Violations?
You can be subjected to a Federal False Claims Act investigation in Colorado for several reasons. If you are a government contractor or health care provide, the federal attorney may allege that you have violated the SBA small business programs, Federal Acquisition Regulations, Trade Agreements Act, False Claims Act Buy American Act, Stark Law violation under 42 U.S.C. 1395nn or some other underlying violation
Colorado Healthcare Fraud False Claims Act Defense Lawyers
False Claims Act in healthcare has become a significant focus on Colorado and many other states. FCA cases arise when healthcare providers submit claims or invoices for payment or benefit for services not actually provided, or needed. Gross errors in accounting can also trigger a False Claims Act healthcare investigations. Our Denver, Colorado HealthCare Fraud False Claim Act defense lawyers are here to help throughout the process.
Types of False Claims Act Healthcare Fraud Cases
- Misrepresentation of the type or level of service provided;
- Misrepresentation of the individual rendering service;
- Billing for items and services that have not been rendered;
- Billing for services that have not been properly documented;
- Billing for items and services that are not medically necessary;
- Seeking payment or reimbursement for services rendered for procedures that are integral to other procedures performed on the same date of service (unbundling);
- Seeking increased payment or reimbursement for services that would be correctly billed at a lower rate (up-coding).
Abuse is defined as practices that are inconsistent with accepted sound fiscal, business, or medical practices and result in unnecessary costs or reimbursements for services that are not medically necessary or that fail to meet professionally recognized standards for health care.
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- Misusing codes on a claim;
- Charging excessively for services or supplies; and
- Billing for services that were not medically necessary.
DOWNLOAD YOUR FREE FALSE CLAIMS ACT DEFENSE CHECKLIST HERE
Contact Our Colorado False Claims Act Defense Lawyers For Immediate Help
If you are federal government contractor, healthcare professional or manufacturer being investigated or charged with a violation of the federal False Claims Act (civil or criminal), call our Denver healthcare fraud and government contractor and healthcare fraud False Claims Act defense attorneys in Denver, Colorado. Call toll-free 1.866.601.5518 and speak to lead counsel, Theodore Watson or contact him online.