What is the False Claims Act?
Federal criminal law includes a wide range of fraud-related statutes, including the False Claims Act. Anyone who is being investigated under the False Claims Act (FCA) should reach out to a defense attorney as soon as possible to begin working on their case. Once you are indicted, it is more important than ever to have a federal criminal fraud defense lawyer on your side who can help you to develop the strongest possible defense to the serious charges you are facing. Often, FCA charges will be accompanied by other types of federal fraud-related criminal charges, though not always.
It is important to understand what types of criminal cases are brought by the federal government under the False Claims Act and what the government must prove in order to convict a person. Our federal criminal defense lawyers in Tampa can explain in more detail below, and we can begin working with you on your defense today.
Understanding the Federal False Claims Act
The federal False Claims Act is a very old federal criminal fraud statute that was first enacted back in 1863 during the American Civil War. While this is a hundreds-year-old law, it remains in effect and is still used by the government to bring fraud-related charges in various types of cases in the twenty-first century.
As the United States Department of Justice explains, the False Claims Act “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.” In addition, a person can also face liability under the False Claims Act when that person “knowingly uses a false record material to a false claim or improperly avoids an obligation to pay the government.” Conspiracy to do either of the above can also result in a False Claims Act violation.
The FCA carries both civil penalties and criminal penalties — there is essentially a civil version and a criminal version of the statute. When a person is facing criminal penalties, in addition to the monetary fines that can be assessed, they can also face up to five years in prison.
What is a False Claim?
What types of statements or actions amount to a “false claim” that could lead to civil or criminal penalties as discussed above?
False Claims Act cases are most often linked to various forms of health care fraud, and a person facing penalties or charges under the FCA will often be charged under the federal health care fraud statute. Examples of false claims include, for instance:
- Double billing for health care services;
- Submitting false health care records;
- Bundling or unbundling;
- Billing for health care services that were not provided;
- Billing for unlicensed medications; or
- Making false reimbursement requests from Medicare or Medicaid.
Contact a Tampa Criminal Defense Lawyer for Assistance with Charges You Are Facing Under the False Claims Act or Any Other Federal Fraud Statute
Are you being investigated for violations of the False Claims Act or any other federal fraud statute, or have you been indicted for a False Claims Act violation or another federal fraud offense? If so, it is crucial to begin working with a defense lawyer as soon as possible. An experienced Tampa federal criminal defense attorney at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today about the specific charges you are facing, and we can begin developing a defense that is tailored to the facts of your case. Contact our firm today to learn more about the federal criminal defense services we provide to clients, and our strong experience handling white collar and federal fraud cases.
Sources:
justice.gov/civil/false-claims-act
justice.gov/opa/pr/false-claims-act-settlements-and-judgments-exceed-68b-fiscal-year-2025
justice.gov/jm/jm-9-44000-health-care-fraud
