Avoid Costly Mistakes With Federal False Claims Act Fines and Penalties
Understanding how much the federal government can go after you for in False Claims Act fines and penalties is essential when deciding your next steps in a civil or criminal case. The more you understand criminal penalties and civil FCA fines, the better you can work with your False Claims Act attorney when deciding the next steps in your case.
Basics of Federal False Claims Act Fines 31 USC 3729 ?
The Federal False Claims Act (FCA), 31 USC 3729 states that anyone who violates the FCA is liable for a civil penalty in addition to three times (treble) the damages.
In addition, False Claims Act fines in a criminal case can apply to conspiracy charges, making false records or statements in government contracting or healthcare fraud cases.
False Claims Healthcare Fraud & Abuse
In the federal healthcare industry, physicians are subject to the False Claims Act (FCA), the Anti-Kickback Statute (AKS), the Physician Self-Referral Law (Stark law), the Exclusion Authorities, and the Civil Monetary Penalties Law (CMPL). All healthcare providers who participate in federal programs are also subject to the False Claims Act. Fines and penalties apply to federal programs such as Medicare, Tricare, and the U.S. Department of Labor’s (DOL) healthcare program.
The U.S. Department of Justice (DOJ) and U.S. Department of Health and Human Services Office of Inspector General (DHHS OIG) often investigate and go after healthcare professionals with 31 USC 3729 civil and criminal False Claims Act investigations targeting:
- Physicians and Physician Groups
- Hospitals, Clinics, and Other Healthcare Facilities
- Pharmacies and Compound Pharmacies
- Toxicology and Clinical Laboratories
- DNA Testing Facilities
- Healthcare Executives
- Telemedicine Consultants
- Healthcare Marketers
Government law enforcement agencies, such as the Department of Justice, the Department of Health & Human Services Office of Inspector General (OIG), and the Centers for Medicare & Medicaid Services (CMS), oversee the various laws and False Claims Act fines.
False Claims Act Criminal Penalties
If you or your company submit intentionally false or fraudulent claims, the federal government, the DOJ, or similar prosecutors can target you under 18 USC 287 and seek federal criminal charges under the False Claims Act.
In 18 USC 287 federal criminal FCA cases, potential penalties include fines and jail time. Criminal False Claims Act fines can go as high as $500,000 for businesses and $250,000 for individuals. If you are personally facing a criminal conviction under the federal FCA statute, you can also face up to five years of prison time.
How Can A False Claims Act Attorney Help?
Depending on the phase of your case, a federal False Claims Act attorney can help you to:
- Get the False Claims investigation closed
- After being indicted, a FCA defense lawyer can negotiate a better outcome with federal prosecutors
- If the case proceeds to trial, a FCA defense attorney can seek to get an acquittal or case thrown out.
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 and Government Contractor False Claims Act lawyer and healthcare legal attorney Theodore Watson.
Free Attorney Consultation – 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 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. Call us today to get a free attorney consultation. 1.866.601.5518.
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Contact Watson & Associates’ False Claims Act Defense Lawyers
To avoid False Claims Act fines and penalties in a criminal or civil case, defend from the investigation stage and post-indictment, call our FCA defense attorneys for immediate help. Call Toll-Free at 1.866.601.5518