A Strategic Defense against False Claims Prosecution

The False Claims Act is one of the most powerful federal laws that protect the US government from actions and attempts to defraud the government. The Act deems false claims, false records, false statements, false receipts, conversion, reverse false claims, unlawful purchase of government property, and conspiracy to violate the Act. Upon conviction, the penalties under the Act include fines between $10,000 to $50,000 per violation and imprisonment. A False Claims lawyer is experienced in legal proceedings related to the False Claims Act and can provide a sound defense to anyone accused of violations under the Act. Read on to learn about some defense strategies.  

The intervention of counsel at the earliest 

The best defense is early intervention by a False Claims lawyer. The sooner the lawyer is involved, the better guided your actions will be. It prevents you from saying or doing anything during the investigations, to harm your case in the future. Moreover, it is quite common for people accused of a violation of the False Claims Act to forget the minute details surrounding the accusation and investigation because of the stress they are under. A lawyer, however, is trained to remember minute details related to the early stages of the case and to adjudge whether the investigative authorities are acting within the limits of their power, allowed by law. This allows them to prepare a defense that is both factually and legally strong. 

Assess the maintainability of suits

The False Claims Act provides incentives to those who initiate prosecutions under the Act to ensure that the public is passionate about bringing fraud to light. However, this can lead to the filing of many suits that are not maintainable under the Act. Qui Tam suits that are based on public information, suits by those convicted of involvement in the fraud committed, suits that are already in motion elsewhere, and suits where the government has already initiated proceedings, are not maintainable. If you are being sued under the False Claims Act, consult a False Claims attorney to assess the maintainability of the suit filed. Attorney Habers has been experienced in Medicare Fraud from his service in the US Attorney’s office to the present. Call Attorney Kenneth  Haber if you know of Medicare Fraud or are being investigated and/or prosecuted for such fraud. 301-670-0016.