Is There a Difference Between False Statements and False Claims?

Many different types of fraud-related criminal charges, under both state and federal law, involve intentionally making a false claim or a false statement. Yet if you are facing any type of fraud-related charges under either state or federal law that require intent as an element of the offense, you may be wondering about whether there is a distinction between false statements and false claims for purposes of fraud-related charges, or whether making a false statement is in effect the same thing as making a false claim.

Our Tampa fraud defense attorneys can explain the way these terms are used in both state and federal laws in more detail below, and we are here to begin working with you on your defense for any fraud-related charges that you may be facing.

What is a “False Statement” Versus a “False Claim” Under Federal Law?

The terms “false statement” and “false claim” have specific references under particular federal laws.

First, there is a specific federal criminal statute on false statements, 18 USC 1001, which makes it a criminal offense for a person, “in any matter within the jurisdiction of the . . . government of the United States, knowingly and willfully– 1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; 2) makes any materially false, fictitious, or fraudulent statement or representation; or 3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry.”

Making a false claim, separately, can result in criminal charges under the federal False Claims Act, 31 USC 3729-3733. A “claim,” rather than a “statement,” is defined as “any request or demand, whether under a contract or otherwise, for money or property” when it is presented to a government official or program or similar for reimbursement. In other words, making a false claim means seeking a form of reimbursement through fraudulent means, whereas a false statement is an entry or representation.

What is a “False Statement” Versus a “False Claim” Under State Law?

Florida state law also contains a Florida False Claims Act, as well as a criminal statute for false official statements under the broader criminal offense of perjury.

Similar to federal law, Section 68.082 of the Florida Statutes defines a claim as “any request or demand, whether under a contract or otherwise, for money or property, regardless of whether the state has title to the money or property.”

Contact Our Tampa Criminal Defense Attorneys for Assistance Defending Against Any Type of Federal or State Fraud-Related Charges You Are Facing Involving False Statements or False Claims

If you are facing charges under state or federal law for any offense that involves false statements or false claims, it is essential to begin working with a defense attorney as soon as possible on your case. You could be facing very serious felony charges that could result in prison time, hefty monetary fines, and much more in the event of a conviction, depending on the circumstances. One of the experienced Tampa fraud defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today to learn about the specific charges you are facing and to begin working with you on a defense strategy. Contact us for assistance.

Sources: 

justice.gov/archives/jm/criminal-resource-manual-903-false-statements-concealment-18-usc-1001

justice.gov/civil/false-claims-act

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0068/0068.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0837/Sections/0837.06.html/