False Claims Act Defense Lawyers

Nationwide Federal False Claims Act Defense Lawyers (FCA) and Whistleblower Defense Attorneys Help Government Contractors, the Healthcare Industry, Corporations, and Individuals Throughout the USA Seeking Help With Anticipated Litigation. We Help You Avoid Jail Time, Civil and Criminal Liability and Minimize Costly Legal Mistakes.

Imagine facing the nightmare of Federal fraud allegations that include accusations of defrauding the federal government, threats of criminal prosecution, possible jail time, and the crippling risk of being suspended or debarred from future federal contracts. Whether you’re a federal government contractor or healthcare provider, the stakes couldn’t be higher.

Your business, reputation, and freedom are on the line—but with the right False Claims Act defense lawyers, you can challenge these allegations and avoid these grave outcomes. We are here to make cases be dismissed or reduce the chance of getting convicted at trial.

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Locations: Washington, DC; Denver, Colorado; Los Angeles, California; Miami, Florida; Dubai. – Positioned to Handle FCA Defense Cases Nationwide and Overseas.

Government contractor False Claims Act oversight and targeting causes companies to panic and make huge mistakes, which can lead to indictment and, ultimately, a criminal conviction. 

When an individual or company knowingly presents a false claim for payment or approval to the government or knowingly causes someone else to present such a false claim, that submission makes you liable for three times the amount paid by the United States on that claim. You must know your claim to be false.

Many of the Federal Fraud cases are lawsuits filed under the FCA, 31 U.S.C. §§ 3729 – 3733, a federal statute that was enacted in 1863 in response to defense contractor fraud during the American Civil War.

The FCA provides that any person who knowingly submits, or causes to submit, false claims to the government is liable for three times the government’s damages plus a penalty that is linked to inflation.  FCA liability can arise in other situations, such as when you knowingly use a false record material to a false claim or improperly avoid an obligation to pay the government.  Conspiring to commit any of these acts also violates the FCA. 

If you received a target letter or subpoena from the OIG, HHS, OIG or FBI, call our Healthcare fraud defense and government contractor whistleblower attorneys at 1.866.601.5518 today.  Speak to Lead Counsel Theodore Watson.

How We Can Help You Defend Your False Claims Act Case?

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. You must know your claim to be false

Our job as False Claims Act defense lawyers 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 FCA 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.  Looking for the best lawyer for healthcare fraud FCA Florida? Our False Clais Act lawyers look for evidence in your favor.

• Government Contract Fraud
• Healthcare fraud False Claims Act defense
• Trade Agreements Act False Claims cases
• Buy American Act False Claims
• Cost accounting
• Inflated Costs
• Overpayment and overbilling
• Product substitution
• Unnecessary treatment
• Fraudulent billing

What is the False Claims Act 31 USC 3729-3733?

Watson’s FCA whistleblower defense lawyers represent clients nationwide: The Civil False Claims Act, 31 USC sec. 3729-3733 protects the Federal Government from being overcharged by contractors or being invoiced for fraudulent goods or services. It is unlawful, for example, in the medical field to submit claims for payment to Medicare or Medicaid that the submitter knows are false or fraudulent. Filing false claims may result in fines of up to three times the program’s loss plus $11,000 per claim filed.

The FCA targets any person or company that does business with the federal government. Once the U.S. directly or indirectly pays for the service or product, the company or individual is subject to civil and/or criminal liability. If the company or individual knowingly submits or causes to be submitted invoices or other methods for payment or benefit, the company or individual is subject to the penalties of the FCA. 

Under the Civil FCA, each instance of an item or a service billed to Medicare or Medicaid counts as a claim. The fact that a claim results from a kickback to someone in violation of the Stark law also may make the claim false. Under the civil FCA, no specific intent to defraud is required.

The Civil FCA defines “knowing” to include actual knowledge and instances in which the person acted in deliberate ignorance or reckless disregard of the truth or falsity of the information.

Nationwide False Claims Act Defense Lawyers Defending Against a False Claims Act Charge? What You Need to Know

FCA Cases Can Be Filed By a Whistleblower (Relator)

Under the False Claims Act (FCA), 31 USC 3729 et seq, private parties to bring lawsuits in the name of the United States of America (federal government)against those who they believe have defrauded the Federal Government, 31 USC 3730(b), and imposes liability on anyone who “knowingly” submits a “false” claim to the Government, 31 USC 3729(a). This person can be an employee, contractor or another allowed party.     

General Legal 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

How Do Courts Interpret the FCA When Deciding Your Case at Trial?

Either actual knowledge, deliberate ignorance, or recklessness will suffice for the government to win its case against you. Our FCA defense lawyers help you to develop evidence to the contrary.

The Court starts with the text of the FCA. See Universal Health Services, Inc. v. United States ex rel. Escobar, 579 U. S. 176, 187 (2016). The FCA defines the term “knowingly” as encompassing three mental states: First, that you have “ actual knowledge of the information,” See 31 USC §3729(b)(1)(A)(i). Second, that you “act in deliberate ignorance of the truth or falsity of the information,” 31 USC 3729(b)(1)(A)(ii). And third, that the you “act in reckless disregard of the truth or falsity of the information.”

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Criminal False Claims Act Penalties (18 USC 287).

Under the Criminal penalties, 18 USC 287, include imprisonment 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.

False Claims Act Attorneys Defending Against Civil and Criminal Exposure

Government contractors or healthcare providers can be liable for FCA penalties of between $5,500 and $11,000 for each false claim. 

When the U.S. Department of Justice (DOJ) and OIG target individuals or companies for procurement fraud and, ultimately, false claims charges, hiring a False Claims Act defense lawyer for anticipated litigation is necessary. However, FCA attorneys in cases that involve federal government contracts must also have experience in the underlying procurement violations.

This is where the probability of indictments or criminal convictions skyrockets without such experience.  Watson & Associates, LLC, with law offices in Washington, DC, and Denver, Colorado, defend small businesses and large DOD defense contractors from the investigative stage all the way to trial if necessary.

The Stakes are High – Reputation and Business Can Be Crippled – You Must Start Defending Right Away

When the government comes knocking on your door with FCA civil investigative demand (CID) requests, subpoenas, or indictments, the stakes are high; our False Claims Act defense lawyers can immediately step in and build an aggressive defense team for anticipated litigation. We represent clients that include: 

Whistleblower Defense Lawyers

Watson & Associates, LLC is a False Claims Act defense law firm that, teaming with local counsel, defends Qui Tam whistleblower and federal government procurement actions from the start of an investigation through trial court and appeal.

As criminal and civil FCA defense lawyers, we’re veterans of the government contracting marketplace. Our criminal and civil Federal Whistleblower Defense Lawyers understand government contract law (federal) and the issues that can lead to investigations, criminal indictments, and a jury conviction at trial. We also provide legal defense in Qui Tam and suspension and debarment cases. As False Claims Act investigation attorneys, we understand the unique ethical complexities and regulations that government contractors face.

 GET A FREE FALSE CLAIMS ACT DEFENSE CHECKLIST   HERE 

What is Submitting False Claims for Payment or Approval?

Violations of 31 U.S.C. Section 3729(a)(1)(A) include submitting applications, bids, invoices, and receiving a benefit from the government. These are the most common False Claims Act cases in government contractors or healthcare companies.

What is Presenting a False Claim?

You can be held to violate Section 3729(a)(1)(A) when you “knowingly present, or cause to be presented, a false or fraudulent claim for payment or approval.” Specifically, this translates to you:

1. Presenting a claim
2. To the federal government
3. that you contain implicitly or explicitly false information.

For health care fraud False Claims cases, a medical service provider knowingly enters the wrong billing code on a Medicare reimbursement form, it can certainly translate into a False Claims Act fraud case. A mistake can be defended. However, if you bill for procedures that you never performed, then you could violate Section 3729(a)(1)(A).

No Damages are Needed for a False Claims Act Violation

Regardless of the type of Section 3729(a)(1)(A) False Claims Act violation, your liability surfaces when there is the presentation of a false claim to the government. It does not matter whether the government pays that false claim, the fact that it was presented is enough. Of course, if the government did not actually pay any money, then a person’s liability is likely limited to civil penalties and it will be difficult to obtain a large collection in that case.

FCA Knowledge Requirement

Under the False Claims Act, a person acts “knowingly” if he or she “(1) has actual knowledge of the information; (2) acts in deliberate ignorance of the truth or falsity of the information; or (3) acts in reckless disregard of the truth or falsity of the information.” 31 U.S.C. 3729(b).  See United States ex rel. Folliard v. Govplace, 930 F. Supp. 2d 123 (D.D.C. 2013)

To be liable for violating the FCA,  potential defendants must present or cause a false claim to be presented AND must do so knowingly. You must know that the claim is False.  The legal inquiry is whether you acted (submitted the claim) knowing that it was false.

What are Examples of Violations Under the False Claims Act?

What Are the Penalties?

What are the damages for the False Claims Act? Navigating these investigations poses significant challenges for any business due to the statute’s inclusion of both civil and criminal penalties. At the outset of a case, it’s often unclear whether the government’s investigation pertains to civil matters or if it intends to pursue felony charges against the business owners.

Civil Penalties: Violators of the Civil False Claims Statute may face triple damages and fines per claim for knowingly submitting or causing the submission of false or fraudulent claims to the United States. As of January 30, 2023, the minimum FCA penalty increased from $12,537 to $13,508 per claim.

Criminal Penalties (18 U.S.C. § 287): Healthcare providers who knowingly present fraudulent claims to the government for reimbursement, aware of their falsity, face up to five years of imprisonment and fines of $250,000 (for individuals) or $500,000 (for companies) for federal felony convictions. Misdemeanor convictions carry fines of $100,000 (for individuals) or $200,000 (for companies) for each FCA claim.

Nationwide Whistleblower False Claims Act Defense Attorneys for Various Industry Groups

In federal government contracting, the FCA attacks various contractors and many industry groups.  As False Claims Act defense lawyers, we defend government contractors in a variety of industries, including construction, engineering, landscaping, real estate, health care, medical, manufacturers, resellers, legal defense for pharmaceutical companies, aircraft, FSS and GSA contract holders, hospitals, medical device manufacturers, biotechnology firms, hospital systems, medical centers, to mention a few.

Watson & Associates, LLC OIG and DOJ False Claims Act Defense Attorneys

We Understand the Government Contracting Laws That Ultimately Lead to FCA Violations: Our False Claims Act defense attorneys and Government Contracting Practice Group collectively understand the various underlying legal issues that lead to a False Claims investigation. If are served with a Civil Investigative Demand, or a Subpoena in a Criminal Case, the law firm helps with responses and protection from self-incrimination.

These issues include government contractor fraud due to non-compliance with the Trade Agreements Act (TAA compliance) or Buy American Act (BAA compliance), Small Business Administration’s SBA programs such as HUBZone, SBA 8(a) BD Program, Service Disabled Veteran rules (SDVOSB), small business affiliation and control investigations, and various Federal Acquisition Regulation (FAR ) and other procurement rules.

Without this experience level, companies are more likely to be indicted and prosecuted. This is where our seasoned False Claims Act investigation attorneys can help.

As Federal False Claims Act defense lawyers, we help clients respond to civil investigative demands (CID) or subpoenas from the DOJ or OIG offices. Each false claims lawyer at our office understands the complexities of the government’s tricky approach to FCA matters. We, therefore, consult with our clients while executing aggressive defense approaches to each case.  

Whistleblower Defense False Claims Act Health Care Fraud Defense Attorneys  attorney

FCA investigation defense healthcare: Antikickback defense: Watson & Associates, LLC  offers aggressive defense for healthcare providers and manufacturers.  As  health care defense attorneys, we represent hospitals in a federal investigation for antikickback allegations or indicted federally for FCA allegations. Our False Claims Act Healthcare defense lawyers work with local counsel and will provide an experienced healthcare whistleblower defense attorney to defend your case aggressively.

Federal False Claims Act Defense Lawyers – Government Contractors

FCA lawyer for government contracts: Small businesses and large defense contractors alike face extreme scrutiny when the 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 False Claims Act defense attorneys can show you how to defend against government contracts fraud FCA cases. 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

Nationwide False Claims Act Investigation Attorneys and 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 Act case, we understand the flaws that can be buried in a government investigation brought by the OIG or DOJ. As government False Claims Act investigation attorneys will handle civil investigative demands and assist in responding to CID requests.

Our history in this arena not only focuses our efforts but often reveals additional mistakes previously overlooked by local defense attorneys unfamiliar with procurement law.

Lead False Claims Act Defense Lawyer and Practice Counsel:  Wise D. Allen      Theodore P. Watson    Walter H. Foster   

DOWNLOAD YOUR FREE FALSE CLAIMS ACT DEFENSE CHECKLIST - MINIMIZE JAIL TIME

Contact a False Claims Act Lawyer Today for a Free Consultation

If you are facing federal investigations or have concerns about potential FCA whistleblower liability or looking for health care criminal defense lawyers, do not hesitate to call our experienced government contractor False Claims Act defense attorneys. We are prepared to provide you with the guidance and support you need to navigate the complexities of FCA litigation and protect your business interests.

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Call Watson’s False Claims Act Healthcare fraud and government contractor False Claims Act defense lawyers at 1.866.601.5518 for whistleblower defense representation and a Free Initial Consultation. Speak to Theodore Watson, Lead FCA Whistleblower defense lawyer.