The False Claims Act is a federal statute that imposes liability on individuals, businesses, and other entities for making false statements or certifications to obtain money from government programs. It prohibits knowingly submitting false claims for payment, making false records, or conspiring to defraud the U.S. government. Civil False Claims Act proceedings often overlap with criminal law enforcement.
When a private citizen, as a whistleblower or qui tam relator, or the Department of Justice pursues an investigation under the False Claims Act, the conduct at issue is often identical to what federal prosecutors will later charge as criminal fraud. The same records, communications, and witnesses presented in a qui tam matter can form the basis of a federal criminal case.
For individuals who find themselves having to navigate this complex and nuanced area of the law, the stakes could not be higher. A federal fraud conviction carries severe penalties, including prison time, substantial fines, restitution, and the likely end of a career.
The False Claims Act is an anti-fraud law that prohibits the knowing submission of false or fraudulent claims for payment to the United States government. Examples of conduct that violates the False Claims Act include:
The False Claims Act also prohibits retaliation against whistleblowers who report suspected violations of the law or participate in investigations or proceedings regarding an alleged violation of the Act.
The False Claims Act does not require proof of a specific intent to defraud the government. Rather, it prohibits “knowingly” presenting “a false or fraudulent claim for payment or approval.” In the context of False Claims Act litigation, “knowingly” means that a person, with respect to information-
(i) Has actual knowledge of the information
(ii) Acts in deliberate ignorance of the truth or falsity of the information; or
(Iii) Acts in reckless disregard of the truth or falsity of the information.
To be actionable, the misrepresentation must be “material” to the government’s decision to pay or approve the claim. Courts have interpreted the materiality requirement to mean that it must have the potential to influence the government’s decision to issue payment.
Investigations under the False Claims Act present potential civil and criminal liability.
Civil penalties can include treble damages and a fine of up to $11,000 per claim for anyone who knowingly submits or causes the submission of a false or fraudulent claim to the United States.
Criminal penalties for knowingly presenting false, fictitious, or fraudulent claims to the government include up to five years in prison and a $250,000 fine for individuals ($500,000 for companies) for federal felony convictions, or a $100,000 fine for individuals ($200,000 for companies) for misdemeanor convictions for each claim.
Many investigations under the False Claims Act are initiated not by the government but by current or former employees or competitors who report suspected violations. The False Claims Act authorizes private citizens, known as “relators,” to file a qui tam lawsuit to recover money on behalf of the United States. If the lawsuit is successful, these individuals can receive 15% to 30% of the total amount the government recovers.
A successful defense in civil and criminal False Claims Act cases requires sophisticated and experienced legal representation from legal counsel who knows the government’s playbook.
Hope Lefeber is a former enforcement attorney for the United States Securities & Exchange Commission (SEC). She uses her extensive experience and expertise to defend individuals charged with federal fraud crimes. Ms. Lefeber understands the intersection of civil and criminal timelines, and how evidence discovered in one case can impact the other. Frequently working with a team of accountants, financial investigators, and other experts, she develops winning defense strategies to secure outstanding results for her clients.
A frequently overlooked dynamic in False Claims Act litigation is the diverging interests between an organization and the people who work for it. When a corporate entity retains legal counsel, that attorney’s duties are to the company. This is important because entities often cooperate with the government by providing documents, making employees available for interviews, and identifying the individuals most responsible for the conduct at issue. Employees may need their own independent legal counsel who will make strategic decisions on their behalf, rather than protecting the company’s best interests.
An experienced False Claims Act lawyer can help you evaluate your options, communicate with investigators when appropriate, and develop a strategy that prioritizes your personal interests throughout the investigation and any related proceedings. Hope Lefeber offers aggressive legal representation for individuals in criminal matters that arise from conduct identified in False Claims Act investigations.
Success in matters brought under the False Claims Act requires deep and thorough preparation and the experience to know which issues to fight and which ones to resolve. Known for her meticulous attention to detail and her intense and thorough preparation, Hope Lefeber has earned a reputation for achieving superior results for her clients.
Hope Lefeber represents executives, businesses, healthcare professionals, government contractors, corporate officers, nonprofits and other individuals who are involved in investigations under the False Claims Act.
If you are under investigation or have been charged with fraud or other crimes in connection with an investigation under the False Claims Act, you need experienced and aggressive legal representation. Contact Philadelphia attorney Hope Lefeber today by calling 610-668-7927 or completing our online form. Consultations are free and confidential.
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