California False Claims Act Lawyer – Defense
Watson & Associates, LLC Federal False Claims Act Lawyers and Criminal Defense AttorneysHelp You Avoid or Reduce the Chances of Jail Time or High Civil Fines in Federal False Claims Act Cases in California.
Defending against a federal False Claims Act (FCA) claim in California (whether at the investigation stage or post-indictment stage) will create stress, fear, and uncertainty about your company’s future, your reputation, and even the future of your family. There is simply no other way to say it.
FEDERAL PROCUREMENT | CIVIL INVESTIGATIVE DEMANDS | HEALTHCARE FRAUD | CALIFORNIA PPP LOAN CRIMINAL DEFENSE | BUY AMERICAN ACT | TRADE AGREEMENTS ACT | SUBPOENAS | QUI TAM DEFENSE LAWYERS| FEDERAL INDICTMENTS | FEDERAL CRIMINAL TRIALS | WHITE COLLAR CRIMINAL DEFENSE. | 31 USC 3729–3733.
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Immediate Federal False Claims Act Defense : Protect Your Business from Devastating Penalties
- Facing a False Claims Investigation? Don’t let it jeopardize your livelihood—discover how proactive defense strategies can protect your reputation and finances.
- Severe Penalties, Including Treble Damages, Could Be on the Line—learn how to navigate complex federal regulations to avoid crippling liability.
- Your Business Rights Matter: Find out how to defend against whistleblower claims and government overreach with experienced legal guidance.
- Time Is Critical: Federal investigations move quickly—learn why taking immediate action could mean the difference between dismissal and damaging consequences.
Federal False Claims Act 31 USC 3729 – 3733 – Key Things to Know
The Federal False Claims Act (FCA) applies to individuals, businesses, and federal government contractors in Maryland who directly or indirectly are involved with a federal government contract, grant, healthcare program, PPP Loan fraud, or other method of receiving payment or benefit from the government.
- a) Liability for Certain Acts.-
(1) In general.-Subject to paragraph (2), any person who-
(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);
(D) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property;
(E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or
(G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government,is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 104–410 1), plus 3 times the amount of damages which the Government sustains because of the act of that person.
(2) Reduced damages.-If the court finds that-
(A) the person committing the violation of this subsection furnished officials of the United States responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;
(B) such person fully cooperated with any Government investigation of such violation; and
(C) at the time such person furnished the United States with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this title with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation,
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 federal False Act Act under 18 USC 287 also applies to healthcare professionals in Maryland 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.
Federal Criminal False Claims 18 USC 287
Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title.
Criminal False Claims 18 USC 287 therefore only applies to:
- false or fraudulent claims against the United States itself, or
- any department or agency of the United States government
A false or fraudulent claim presented to a government employee demanding payment from the employee himself would not be covered.
Essentially, 18 USC 287 is a catchall provision designed to criminalize those who attempt to obtain money, goods, or services from the United States government through its various departments and agencies via the presentation of false, fictitious, or fraudulent claims.
Watch this video if you are facing civil or criminal charges
Federal False Claims Act Defense for California Businesses
Watson & Associates LLC: Protecting Your Business and Reputation
Allegations under the Federal False Claims Act (FCA) can jeopardize your livelihood and business. At Watson & Associates LLC, our skilled False Claims Act lawyers are committed to helping California businesses navigate these complex cases. From Los Angeles to San Francisco, San Diego to Sacramento, we provide comprehensive legal representation to protect your rights, reputation, and future.
What is the Federal False Claims Act?
The Federal False Claims Act, 31 USC 3729–3733 is a federal law enacted to combat fraud against government programs. It allows individuals, referred to as whistleblowers or relators, to file qui tam lawsuits on behalf of the government against individuals or businesses suspected of submitting false claims for payment.
If the government recovers funds in a False Claims Act case, the whistleblower can receive a portion of the recovery, typically 15-30%. While the FCA is vital for protecting government funds, it is also prone to misuse, with whistleblowers filing baseless claims that disrupt businesses and lead to costly litigation.
Key Elements of an FCA Case:
- Knowingly Submitting a False Claim: The government must prove the defendant knowingly submitted or caused the submission of a false or fraudulent claim.
- Intent to Defraud: The FCA does not penalize mistakes or errors—it targets deliberate fraud.
- Materiality: The false statement must be material to the government’s decision to pay or approve the claim.
Penalties Under the FCA:
Penalties for violating the Federal False Claims Act include:
- Treble damages (three times the government’s losses).
- Civil penalties of up to $23,607 per false claim.
- Potential exclusion from federal contracts or programs.
Common Scenarios in Federal FCA Cases
Businesses across California face FCA allegations for various reasons, particularly in industries with heavy government involvement. Our False Claims Act attorneys defend clients in cases involving:
1. Healthcare Fraud
Healthcare providers may face allegations such as Medicare/Medicaid overbilling, upcoding, or kickbacks.
2. Government Contract Fraud
Federal contractors and companies getting PPP Loan,s may be accused of inflating costs, submitting false certifications, or violating the Federal Acquisition Regulation (FAR).
3. Procurement Fraud
Businesses involved in federal procurement may face scrutiny over defective products, non-compliance with contract terms, or bid rigging.
4. Federal California SBA. PPP Loan Fraud Defense Law Firm
We Only Defend PPP Fraud Cases With Loans Over $300,000.
PPP Loan Fraud Criminal Defense Attorneys: When zealous federal prosecutors have your business in their sights, it’s time to talk to your PPP loan fraud defense lawyer. Our law firm understands that a federal investigation can damage your personal and business reputation. We handle SBA EIDL Loan fraud criminal cases and issues related to small business affiliation. Call our firm and speak directly with Theodore Watson. 1.866.601.5518.
Frequently Asked Questions About the Federal False Claims Act
1. What Should I Do If I Am Under FCA Investigation?
- Contact a Lawyer Immediately: Reach out to an experienced California False Claims Act defense attorney who understands federal investigations.
- Preserve Records: Avoid destroying any documents or emails that may be relevant to the case.
- Avoid Discussions: Do not speak with investigators or whistleblowers without legal counsel.
2. What Are My Options If a Qui Tam Lawsuit Is Filed Against My Business?
A qui tam lawsuit can be stressful, but there are strategies to manage the situation:
- Early Case Assessment: Analyze the claim’s merit and potential exposure.
- Challenge Procedural Errors: Many qui tam lawsuits are dismissed due to technical flaws.
- Negotiate Settlements: In some cases, resolving the matter through settlement is preferable.
3. Can My Business Be Held Liable for Mistakes?
The FCA targets intentional fraud, not honest mistakes or administrative errors. Demonstrating good faith efforts to comply with regulations can significantly strengthen your defense.
Federal False Claims Act Penalties
The penalties under the False Claims Act are severe. Civil penalties can include treble damages (triple the amount of the fraudulent claim) and fines up to $11,000 per false claim. In criminal Act cases (18 USC 287):, the stakes are even higher, with potential imprisonment and fines reaching up to $250,000 for individuals and $500,000 for corporations per claim.
Beyond financial penalties, you risk losing your professional license, government contracts, and, most importantly, your reputation. Our California False Claims Act defense attorneys work tirelessly to minimize these penalties, aiming for case dismissal or reduced fines.
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Challenging FCA Fraud Allegations: Focus on Intent
Proving intent is often the most challenging aspect of an FCA case for federal prosecutors. The law requires them to demonstrate that you knowingly submitted false claims or acted with reckless disregard. Our defense strategies frequently emphasize:
- Lack of Intent: Highlighting errors or ambiguities that show no deliberate fraud occurred.
- Good Faith Compliance: Demonstrating that your business took reasonable steps to follow regulations.
- Weakness in Evidence: Exposing gaps or inconsistencies in the prosecution’s case.
Our Defense Approach: Protecting Your Business
At Watson & Associates LLC, we tailor our defense strategies to meet the unique needs of each client. Here’s how we defend businesses facing federal FCA allegations:
1. Comprehensive Case Review
We thoroughly analyze the claims, evidence, and legal basis for the allegations, identifying weaknesses in the government’s case.
2. Building a Strong Defense
We gather evidence, review compliance programs, and work with industry experts to craft a compelling defense strategy.
3. Negotiation and Settlement
Where appropriate, we negotiate with federal prosecutors to resolve cases favorably without the need for prolonged litigation.
4. Litigation Readiness
If your case proceeds to court, our experienced trial attorneys are fully prepared to defend you aggressively and effectively.
Other Strategies for Effective Federal False Claims Act Qui Tam Defense in California
- Thorough Investigation: As Government contract fraud lawyers, we conduct an exhaustive internal investigation to uncover the facts that support your defense. This proactive approach can often weaken the government’s case before it gains momentum.
- Challenging the Whistleblower: In federal Qui Tam False Claims Act cases, the whistleblower’s credibility is crucial. We scrutinize the relator’s background and motives, often finding inconsistencies that undermine their claims.
- Expert Testimony: Complex cases often benefit from expert testimony to clarify industry standards and practices, helping to demonstrate that your actions were compliant and not liable for fraud or the result of an honest error.
Federal False Claims Act Defense (Qui Tam) for Government Contracts Fraud in California
31 USC 3729 – 3733 Federal False Claims Act criminal defense lawyer government contracts California: Small businesses and large defense contractors alike face extreme scrutiny when they provide construction or services to the federal government. When you receive a civil investigative demand from the DOJ or OIG, or some other law enforcement agency, our Federal California False Claims Act lawyers can help.
Need Legal help for government contract fraud charges in California? We work with your key personnel to investigate the case, assess what the government is really after, and analyze the facts surrounding the allegations. We understand procurement laws and have also worked on the government’s side.
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
- FCA investigations
Schedule consultation with a government contract fraud lawyer
18 USC 287 Federal California HealthCare Fraud Defense Lawyers & False Claims Act Criminal Defense Attorneys
When our California healthcare fraud defense law firm represents providers in federal investigations. Our goal once retained is to immediately connect with prosecutors to see the issues presented and to see if you have a chance of making the case go away without spending hundreds of thousands of dollars in criminal defense or going to trial.
When it comes to healthcare fraud False Claims Act cases in the California area, we form a team specifically to help you in your case and then we aggressively. push back. The law firm’s False Claims Act lawyers work closely with you to assess legal defenses and weak and strong points in your case.
We put together a plan of action and share that with the CEOs and decision-makers. Our California criminal defense attorneys on our healthcare fraud defense team aim to get the best possible chance for a favorable outcome under 18 USC 287 and 31 USC 3729 – 3733 .
Experienced California False Claims Act attorney. and criminal defense lawyer in CA
Watson’s California False Claims Act lawyers and criminal defense attorneys Serve Anaheim, Bakersfield, Los Angeles, Irvine, Stockton, San Diego, San Jose False Claims Act lawyer, San Francisco, Santa Ana, Long Beach, Sacramento healthcare fraud defense lawyer, Fresno, Oakland healthcare fraud defense lawyer, and surrounding metro areas.
Why Choose Watson & Associates LLC for FCA Defense?
- Deep Knowledge of Federal FCA Laws: We focus exclusively on business-related white-collar crimes and FCA cases.
- Experienced Litigators: Our attorneys have successfully defended high-stakes FCA cases across multiple industries.
- Client-Focused Approach: We prioritize communication and transparency, keeping you informed every step of the way.
- Aggressive Legal Defense. From settlements to dismissals, we aggressively focus on getting favorable outcomes for our clients.
Serving California Clients
Our federal False Claims Act attorneys proudly represent clients throughout California in federal cases under 18 USC 287 and 31 USC 3729 – 3733, including:
- Los Angeles
- San Francisco
- San Diego
- Sacramento
- San Jose
- Fresno
- Long Beach
- Oakland
Contact Watson & Associates LLC Today
Department Practice Group Head, Theodore Watson, leading the California 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.
Best criminal defense attorney for federal False Claims Act cases – civil and criminal defense cases in California under 18 USC 287 and 31 USC 3729 – 3733 .
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, directly contact Theodore Watson at 1.866.601.5518. We are committed to serving your legal needs in California.