Legal Representation for False Claims Acts Violations in Orange County, CA
The Criminal Defense Firm, a health care law defense firm that deals with the areas of regulatory compliance, corporate structuring, litigation, government investigations, and criminal defense, has a diverse and experienced group of attorneys that includes the former Chief Health Care Fraud Coordinator at the U.S. Attorney’s Office, former senior Department of Justice trial attorneys, and former lead prosecutors of the elite Medicare Fraud Strike Force. Our talented team has years of experience and degrees from some of the best law schools in the country. We serve clients in Orange County as well as throughout California State.
Orange County, California health care practitioners, facilities, and businesses face the grave risk of being investigated for False Claims Act violations. The Criminal Defense Firm provides defenses specifically for Orange County, California clients who are accused of violating the federal False Claims Act.
Orange County, California Has a Higher Likelihood of Investigations
Although the federal government watches for False Claims Act violations throughout the entire nation, Orange County, California health care providers, facilities, and businesses have a higher likelihood of investigation by the Medicare Fraud Strike Force. Orange County, California is one of nine areas in the United States that is particularly watched by the federal government. This is because there is a large number of federal health care program recipients in Orange County, California. Because of the large number of people who depend on federal health care programs, there are more claims filed through CMS. When there are a large number of claims filed, the government believes that there may be a higher instance of False Claims Act violations. In 2016, the Department of Justice issued a press release stating that they investigated over 300 cases and recovered more than $900 million dollars in falsely paid out claims.
The Medicare Fraud Strike Force is a federal task force made up of prosecutors and investigators from different federal agencies. If you’re investigated, you could come into contact with the IRS, the DEA, DOJ, DOD, FBI, OIG, and the Department of Health and Human Services. It’s not uncommon for other federal agencies to be involved. If you find out that you’re under investigation for violating the False Claims Act, call The Criminal Defense Firm immediately to schedule your free and confidential initial consultation.
What Is the False Claims Act?
The False Claims Act is a federal statute directed toward any person or organization that has direct or indirect contracts with and who will receive payment from the federal government on federal health care claims. It includes civil and criminal liability for individuals, contractors, businesses, or organizations that knowingly submit or cause the submission of a false claim for the approval of and payment by the federal government.
“Knowingly” is an important concept. It isn’t just about actual knowledge. It means that if you didn’t know, you should have known that whatever was happening would violate the False Claims Act. If you hire someone to complete your ICD coding, it is ultimately your responsibility to ensure that he or she is not using obsolete codes and that the proper billing protocols are followed.
Risk of Civil and Criminal Penalties
Orange County, California doctors, nurses, other health care providers, businesses, and facilities who are charged with violating the False Claims Act may face civil and criminal penalties that are very serious. You should call The Criminal Defense Firm right away if you’re being investigated. Once retained, we can help you learn whether you’re facing civil or criminal charges. We can help you get the answers that you need.
Civil penalties may include one or more of the following:
- Treble damages paying the government three times the amount of the original claim
- Payment of civil fines of up to $11,000 per false claim
- Recoupment requests
- Non-payment of future submitted claims
- Future exclusion from federal health care programs
- State licensure or disciplinary proceedings
- Loss of hospital privileges
Criminal penalties may include one or more of the following:
- Claims that cost you hundreds of thousands of dollars
- Criminal charges
- Up to five years in federal prison
You may also lose your professional license, face state disciplinary hearings, or lose your hospital privileges.
Qui Tam Lawsuits: How Most False Claims Act Investigations Begin
In Orange County, California, most False Claims Act investigations begin because someone files a qui tam lawsuit. Qui tam is Latin, meaning “he who sues for the king and himself.” It is an incentivized lawsuit that originated to allow private citizens to sue on behalf of the federal government. The goal was to stop governmental fraud. However, in Orange County, California, qui tam lawsuits are often filed for more nefarious reasons. Angry former employees and jealous competitors file qui tam lawsuits simply to punish your business.
Qui tam lawsuits in Orange County are filed with the Central District of California federal court. These lawsuits are sealed to protect the identity of the plaintiff. The presiding judge and involved government officials will receive unsealed copies of the documents. The plaintiff of a qui tam lawsuit is referred to as a “qui tam realtor.” Because investigations can be lengthy, the court allows extensions to be filed so that the government gets all the time that it needs to investigate.
Your business, financial, billing, and communication records will be subpoenaed. The subpoenas may come from the DOJ, DEA, DOD, IRS, FBI, OIG, or other federal agencies. The government will analyze your documents and determine whether it will support or reject the lawsuit. If the government declines to support the lawsuit, it’s not necessarily over. The plaintiff still has the option to continue on. If they are successful against you, they will be rewarded with 30 percent of the recovered funds. If the government elects to support the qui tam lawsuit, this is known as an intervention. You will likely face additional charges. If you lose the lawsuit, the plaintiff will be entitled to receive 25 percent of the recovered funds.
Call The Criminal Defense Firm if you are served as a named defendant in a qui tam lawsuit. Our Health Care Fraud Defense Team provides free consultations. We can help you develop a defense, or help you settle with the federal government.
Vital Defenses for Orange County, California Clients
The Criminal Defense Firm prepares vital defenses for Orange County, California clients. We also employ our three guiding principles. These principles were developed by relying on our experience as both former federal health care prosecutors and defense attorneys. These principles are used throughout the United States.
- The most crucial goal is to minimize the likelihood of criminal charges. Once we are retained, we will immediately contact the involved government agencies to determine the purpose of the investigation, the charges you may be facing, and how the investigation can be resolved. Usually, we can have answers to these questions within a few days. We’ve learned through experience that this early intervention is key to the successful resolution of the case.
- With qui tam lawsuits, we work to discredit the allegations against you to show the federal government that the plaintiff should not be supported. This is vital because most qui tam lawsuits in Orange County, California are filed by people who are just out to hurt your business.
- When we know civil liability is being considered by the federal government, we will work to negotiate with the government on your behalf. We’ve successfully settled for a fraction of the original demand in many instances. None of our False Claims Act clients have been forced to shut down their practices or their businesses.
The Criminal Defense Firm
The Criminal Defense Firm serves clients in Orange County, California. We’ve represented nurses, ARNPs, doctors, clinics, hospitals, practice owners, physician-owned businesses, labs, pharmacies, hospice facilities, and other health care businesses accused of violating the False Claims Act. We also work with those that are named as defendants in a qui tam lawsuit, being investigating for violating Stark Law and the Anti-Kickback Statute, or involved in Medicare, Medicaid, Tricare, or Department of Labor investigations.
Here’s a small example from our Track Record:
- False Claims Act Investigation (Pharmacy)
Result: No Liability.
- False Claims Act Investigation (Pharmacy)
Result: No Liability.
- False Claims Act Investigation (Laboratory Group)
Result: No Liability.
- False Claims Act Investigation (Laboratory Group)
Result: No Liability.
- False Claims Act Investigation (Laboratory Group)
Result: No Liability.
- False Claims Act Investigation (Physician)
Result: No Liability.
- False Claims Act Investigation (Physician)
Result: No Liability.
- False Claims Act Investigation (DME Company)
Result: No Liability.
- False Claims Act Investigation (MSO)
Result: No Liability.
- False Claims Act Investigation (MSO)
Result: No Liability.
- False Claims Act Investigation (Physician Syndication)
Result: No Liability.
- False Claims Act Investigation (Physician Syndication)
Result: No Liability.
- False Claims Act Investigation (Physician Syndication)
Result: No Liability.
- False Claims Act Investigation (Device Company)
Result: No Liability.
- False Claims Act Investigation (Health Care Service Provider)
Result: No Liability.
If you’re in Orange County, California and you’re under investigation by the federal government for violating the False Claims Act, call The Criminal Defense Firm now. Initial consultations are free and confidential.
False Claims Act Defense Attorneys Serving Orange County, California
We are available to discuss your case. You can call us directly, use our contact form, or send us an email.
The Criminal Defense Firm
Serving Orange County, CA and Surrounding Areas
CriminalDefense.com