Litigation. Compliance. Defense. Health Care Fraud & Criminal Defense Trial Lawyers
Orange County 714-294-2000
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San Diego, California False Claims Act Violations Defense Lawyers

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California Office
550 W C St #1150
San Diego, CA 92101

(Meeting location by appointment only)

Trusted Experience in Health Care Fraud Defense Serving the San Diego Area

Oberheiden, P.C. is a health care law defense firm whose lawyers have numerous combined years of relevant experience in the areas of regulatory compliance, corporate structuring, litigation, government investigations, and criminal defense. Our diverse team of attorneys 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. Many of our lawyers studied at the country’s best schools, such as Harvard Law School and Yale Law School. We serve clients in San Diego as well as throughout California.

San Diego, California False Claims Act violations are serious matters. Investigations can be levied against health care providers, facilities, and businesses. Oberheiden, P.C. provides strategic defenses for San Diego, California clients who are facing allegations of violating the False Claims Act.

San Diego, California Is Closely Watched by the Government

The federal government pays attention to the entire nation. However, San Diego, California is one of nine areas within the nation that is monitored by the Medicare Fraud Strike Force. This is because San Diego has a large number of federal health care program recipients. In areas where there are a large number of recipients, more claims are filed. According to the federal government, this creates a higher likelihood that a False Claims Act violation will occur. In 2016, the Department of Justice issued a statement that announced they had investigated more than 300 violations, and recovered more than $900 million in false claims.

What Is the False Claims Act?

The False Claims Act is a federal law directed toward any person or business that has direct or indirect contracts with and who will receive payment from the federal government for federal health care claims. This law creates civil and criminal liability for individuals, contractors, businesses, or organizations who knowingly submit or cause the submission of a false claim to be approved and paid by the federal government.

One of the most important parts of the law is the use of the word ‘knowingly.’ It means that if you didn’t know that what was happening would violate the federal law, you should have known. A simple example can be seen in medical coding. If you hire someone to complete your medical coding and billing, it is your responsibility to ensure that they are not using obsolete codes and improper billing protocols.

Violating the False Claims Act May Result in Civil & Criminal Penalties

San Diego, California doctors, nurses, ARNPs, other health care providers, facilities, and businesses charged with violating the False Claims Act may face both civil and criminal penalties. These penalties are incredibly serious and can affect you for the rest of your life. If you find out that you’re being charged with violating the False Claims Act, call Oberheiden, P.C. immediately. We can assist you by finding out the type of charges that you’re facing once we’re retained.

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 Start Many False Claims Act Investigations

In San Diego, California, most False Claims Act investigations begin because someone filed a qui tam lawsuit in the Southern District of California federal court. Qui tam is Latin, meaning “he who sues for the king and himself.” These lawsuits are incentivized. Originally, the goal was to reward private citizens who help alert the federal government to fraudulent activity. Now, though, it is a system that is abused by disgruntled former employees and competitors. They’re filed just to punish health care providers, facilities, and businesses.

When the qui tam lawsuit is filed, it is sealed by the court. Only the assigned judge and the involved federal agencies are given unsealed copies of the case. The plaintiff is referred to in the documents as the ‘qui tam realtor.’ False Claims Act investigations in San Diego can be lengthy. The court allows extensions to be filed so that they federal agencies have enough time to finish their investigations.

During the investigation, you will receive subpoenas for various records. The subpoenas could come from the DOJ, DEA, DOD, IRS, FBI, OIG, or other federal agencies. The government will analyze your documents and determine whether they 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 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.

If you are served with a qui tam lawsuit, call Oberheiden, P.C. right away. We provide free and confidential initial consultations. We can assist you in developing a strategic defense or, where appropriate, help you settle with the federal government.

Using Vital Strategies to Assist Our San Diego Clients

Oberheiden, P.C. uses vital strategies to help our San Diego clients. Our three most important strategies were developed by relying on our experience as former prosecutors of health care fraud, and as defense attorneys.

  1. The most important goal is to reduce the likelihood that our San Diego clients will face criminal charges. We get into immediate contact with the investigating officials to find out the purpose of the investigation, the possible charges, and ask how this matter can be resolved. We can usually get these answers in just a few days. We’ve learned that this early intervention is extremely important to successfully resolve investigations.
  2. In qui tam lawsuits, we work to discredit the allegations and the evidence to show the government that the case doesn’t deserve its support. This is extremely important, since most qui tam lawsuits in San Diego are filed for not-so-honest reasons. San Diego health care providers, facilities, and businesses must be protected.
  3. When the federal government indicates that our clients will face civil liability, we work to negotiate with the government to reduce the original demand down to a fraction. To date, none of our clients facing False Claims Act violations have been forced to close down their practice or their business.

Oberheiden, P.C.

Oberheiden, P.C. serves clients in San Diego, California and the surrounding area. 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, that were named as defendants in a qui tam lawsuit, or being investigating for violating Stark Law, the Anti-Kickback Statute, or involved in Medicare, Medicaid, Tricare, or Department of Labor investigations.

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 San Diego, California or in the surrounding area and if you’re being investigated by the federal government for violating the False Claims Act, you should call Oberheiden, P.C. right now. Initial consultations are free and totally confidential.

False Claims Act Defense Attorneys Serving San Diego, California

We are available to discuss your case. You can call us directly, use our contact form, or send us an email.

714-294-2000
Oberheiden, P.C.
Serving San Diego, CA and Surrounding Areas
CriminalDefense.com
Not all attorneys of Oberheiden, P.C. are licensed in California and nothing contained in here is meant to constitute the unauthorized practice of law.
Orange County 714-294-2000
Los Angeles 310-873-8140
Detroit 313-888-8807
Nationwide 888-452-2503