Government contactors and healthcare companies can face serious consequences if charged and convicted for 31 USC 3729 federal False Claims Act violations. To stand a chance of prevailing during the investigative stages or post-indictment, CEOs must make a prompt decision on how best to defend the company.
When you are a federal contractor, your chances of being indicted can be significantly high if you do not have False Claims Act defense lawyers on your team who are not experienced in federal procurement laws.
Federal prosecutors sometimes bring charges when there is no intent to defraud the government but also prevail because the defense attorney is also not familiar with the underlying statutes that you have allegedly violated. Examples include the Trade Agreements Act (TAA), Buy American Act (BAA), HUBZone, SDVOSB and FAR regulations.
What is the False Claims Act?
The False Claims Act applies to companies and any individual that or indirectly contracts with the United States government. Individuals or businesses that knowingly submit or causes to be submitted a false or fraudulent claim with intent to secure payment or approval from a federal office or federal agency can be liable under 31 USC 3729 .
The knowing submission of a false or fraudulent claim can be actual knowledge or your failure to conduct due diligence. If the prosecutor can prove that you should have known that it was billing the government improperly, this is enough to establish a False Claims Act violation.
What Are False Claims Act Penalties?
The False Claims Statute contains both civil and criminal penalties. A federal case can either be civil or criminal, or both.
- Civil FCA Liability: Triple damages and a penalty of up to $ 11,000 per claim if you knowingly submits or causes submission of a false or fraudulent claim to the US government.
- Criminal False Claims Liability (18 USC 287): Healthcare providers who intentionally present fraudulent claims to the government for reimbursement with the knowledge that such claims were false, fictitious, or fraudulent are exposed to five year imprisonment and a fine of $ 250,000 (individuals) or $ 500,000 (companies) for federal felony convictions and $ 100,000 (individuals) or $ 200,000 (companies) for misdemeanor convictions— for each claim.
Watson & Associates, LLC federal False Claims Act lawyers have over 20 years of government contracting and procurement experience. In addition, we also have federal criminal defense lawyers who understand the False Claims Act and how federal prosecutors weave their way into FCA criminal charges.
As criminal and civil FCA defense lawyers, we’re veterans of the government contracting marketplace. Our criminal and civil Federal Whistleblower Defense Lawyers understand government contract law (federal) and the issues that can lead to investigations, criminal indictments, and a jury conviction at trial. We also provide legal defense in Qui Tam and suspension and debarment cases. As False Claims Act investigation attorneys, we understand the unique ethical complexities and regulations that government contractors face.
We work with top corporate decision-makers to investigate, plan, and execute a well-thought-out legal defense. Given the serious risks and reputation involved, we do not cut corners. However, our goal is to resolve cases before they reach trial.
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Call Our Washington DC False Claims Act Lawyers
If you are a federal government contractor, healthcare company, or individual investigated, indicted or facing civil or criminal charges for violating the Federal Claims Claims Act, call the 31 USC 3729 defense attorneys at Watson &. Associates, LLC at 1.866.601.5518.