We Help Our Clients Minimize Hundreds of Thousands in Fines and Minimize the Chance of Jailtime.
If you’re facing a False Claims Act (FCA) investigation, the stakes couldn’t be higher. Whether you’re a government contractor, healthcare provider, or small business that received federal funds such as SBA PPP loans, the government is aggressively pursuing allegations of fraud. You could be exposed to civil fines, treble damages, and even criminal penalties under 18 U.S.C. § 287 and 31 U.S.C. § 3729.
At Watson & Associates, LLC, we understand what’s on the line. As a premier False Claims Act investigation attorney firm, we help clients nationwide defend against FCA investigations and allegations. Backed by experienced attorneys and in-house investigators, we aggressively work to uncover the facts, challenge the government’s theories, and fight to protect your livelihood and reputation.
What Is the False Claims Act?
The False Claims Act is a federal law that imposes liability on individuals and companies who knowingly submit—or cause the submission of—false or fraudulent claims for payment to the U.S. government. These claims often relate to:
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Government contract billing
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Medicare and Medicaid reimbursements
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SBA Paycheck Protection Program (PPP) loans
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HUD or CoC housing program grants
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Defense contractor services and materials
Under 31 U.S.C. § 3729, each individual false claim can trigger a civil penalty of up to $13,508 (adjusted annually for inflation), plus treble (triple) damages. Under 18 U.S.C. § 287, a false claim submitted “knowingly” can result in up to five years of imprisonment and fines up to $250,000 for individuals or $500,000 for companies.
What Triggers a False Claims Act Investigation?
Government FCA investigations can be triggered by a variety of sources, including:
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Whistleblower (qui tam) lawsuits filed by current or former employees
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Audits or OIG investigations into federal programs like Medicare
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Red flags in billing records submitted to CMS, HUD, SBA, or DoD
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Contracting irregularities in performance or cost structures
Once triggered, these investigations can spiral quickly into subpoenas, interviews, civil litigation, or even criminal prosecution. That’s why it’s critical to consult a seasoned false claims act defense attorney as soon as possible.
The “Knowingly” Standard: What the Supreme Court Says
In the landmark 2023 decision U.S. ex rel. Schutte v. SuperValu Inc., the U.S. Supreme Court clarified what it means to act “knowingly” under the FCA. The Court held that scienter is based on subjective intent—what the defendant actually believed at the time of submitting the claim—not whether their conduct could be justified by some “objectively reasonable” interpretation of law later.
This is critical. The Court said a claim is “knowingly” false if:
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The defendant actually knew the claim was false;
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The defendant deliberately ignored the truth; or
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The defendant acted in reckless disregard for whether the claim was true.
This ruling strengthens the government’s hand—but it also opens the door for strategic legal defenses, especially with the right FCA lawyer.
Common Defenses in FCA Cases
Every False Claims Act case is different, but here are some key legal defenses our firm explores when defending clients:
1. Lack of Scienter (Knowledge or Intent)
If you didn’t know your claims were false—and took reasonable steps to ensure compliance—you may avoid FCA liability. Simple negligence or human error isn’t enough to trigger liability.
2. No False Claim Was Submitted
The government must prove the claim was actually false—not just imperfect or flawed. For example, using an outdated medical billing code unintentionally does not automatically create liability.
3. Compliance with Government Guidance
If your company followed government-issued rules or interpretations, that may be a complete defense, even if the government later changes its view.
4. Procedural Defenses
If the case is based on a qui tam (whistleblower) complaint, procedural issues such as first-to-file rules, public disclosure bars, or statute of limitations can potentially dismiss the case.
5. Challenging the Reliability of Witnesses or Evidence
When the government relies on internal complaints or data analysis, our team scrutinizes the source. Evidence can be suppressed if derived from unreliable or unlawfully obtained sources.
Why You Need a False Claims Act Defense Team with Investigators
False Claims Act investigations are complex. You’re not just dealing with legal theory—you’re dealing with financial records, regulatory nuances, whistleblower allegations, and volumes of government data.
At Watson & Associates, LLC, we go beyond the courtroom. Our in-house investigators help us gather facts, interview witnesses, and uncover exculpatory evidence to mount a robust defense. This investigative edge allows us to:
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Reconstruct billing histories and document trails
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Identify compliance protocols that support your defense
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Find inconsistencies in whistleblower claims
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Negotiate favorable settlements or argue for case dismissal
What Sets Watson & Associates Apart?
✔ Experienced in Civil and Criminal FCA Defense
✔ Former Government Contracting Professionals on Staff
✔ Aggressive Motion Practice and Trial Readiness
✔ Full-Service Investigation & Compliance Review
✔ Nationwide Representation in Federal Courts
Our firm routinely represents healthcare providers, defense contractors, and small business owners in federal investigations and litigation under the False Claims Act. We understand how federal prosecutors build their cases—and how to dismantle them.
Don’t Wait Until It’s Too Late
If you’re under investigation, have received a subpoena, or suspect a False Claims Act whistleblower case has been filed against you, time is not on your side. Every conversation, email, and business practice could be scrutinized. Hiring a top-tier False Claims Act investigation attorney early in the process can drastically improve your outcome.
At Watson & Associates, we take a proactive, strategic approach. We’ll evaluate the facts, engage with investigators, and challenge the claims aggressively—often resolving cases before charges are ever filed.
Speak to a False Claims Act Attorney Today
Watson & Associates, LLC is ready to help you navigate the complex and high-stakes world of FCA defense. Whether you’re a healthcare medical provider, defense contractor, or SBA loan recipient, we’re here to protect your business, your license, and your freedom.
Call us today at 1.866.601.5518 or schedule a confidential consultation online. Speak to Theodore Watson