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Oberheiden Attorneys

False Claims Act & Qui Tam Defense in Portland, Oregon

Portland, Oregon health care providers, hospitals, and businesses are frequently accused of violating the False Claims Act. Often, these allegations are made in qui tam lawsuits. The Oberheiden Law Group represents clients in Portland, Oregon and the surrounding areas. We are a law firm experienced in federal government investigations, litigation, and criminal defense. We also assist our clients by establishing federal regulatory compliance programs. The Oberheiden Law Group has attorneys with impeccable law school educations. Many of our team members have former experience as federal prosecutors and senior trial attorneys. Oberheiden’s team is managed by a former Chief Health Care Fraud Coordinator from the U.S. Attorney’s Office. We represent clients in Portland, Oregon and the surrounding areas.

An allegation of a False Claims Act violation is an extremely serious matter. The Oberheiden Law Group, PLLC is a distinguished defense firm serving health care providers, businesses, and entities in and surrounding Portland, Oregon. The Oberheiden Law Group, PLLC is managed by Harvard-trained attorney Dr. Nick Oberheiden.

False Claims Act Investigations in Portland, Oregon

Health care providers, entities, facilities, and related businesses all have a risk of being investigated for violating the False Claims Act. In fact, Portland’s risk is higher than the majority of the United States. This is because Portland, Oregon is one of nine areas that is monitored by the Medicare Fraud Strike Force. This occurs because Portland and its surrounding areas have a considerable number of people who are dependent upon a federal health care program. Because of this, more claims are filed with the federal government. Since there are more claims filed, the federal government pays more attention to minimize False Claims Act violations.

The Medicare Fraud Strike force is a diversified team of prosecutors and investigators from various federal agencies, including the Department of Justice, the Department of Health and Human Services, the Office of Inspector General, the DEA, the FBI, the IRS, and can include other agencies. If you, your clinic, or your health care business are being investigated for violating the False Claims Act, call the Oberheiden Law Group at once. Our initial consultations are free and confidential.

What Is the False Claims Act?

The False Claims Act is a federal statute that applies to any person, organization, or business that has a direct or indirect contract with and is paid for their services by the federal government. It establishes both civil and criminal liability for person, organization, corporation, or contractor that knowingly submits or causes the submission of a false claim for approval and payment by the federal government.

It’s important that you understand that you do not need to have actual knowledge of the submission of a false claim to be held liable under the False Claims Act. Liability occurs because you knew or you should have known that what was happening would be a violation of the False Claims Act. For instance, if you outsource your billing and coding, you may not know whether or not the individual or company uses the most up-to-date codes. However, it is your responsibility to know. If an obsolete code is used, you could be held liable under the False Claims Act.

Civil and Criminal Liabilities Under the False Claims Act

False Claims Act investigations can lead to court charges in both civil and criminal court. During the beginning of the investigation, most people are unsure which penalties they may be facing. The Oberheiden Law Group, PLLC can help you get the answers that you need. Call us today to book your free and confidential initial consultation.

Civil liabilities are levied by the civil court. Despite the fact that they are civil, they can have long-lasting effects on your career. You could be subjected to one or more of the following:

  • Assessed treble damages (damages that are three times more than the amount that the claim is worth)
  • A fine of up to $11,000 per false claim
  • State disciplinary proceedings
  • Loss of your professional license
  • Loss of hospital privileges
  • You could be ordered to pay attorneys’ fees for the federal government

Criminal liabilities are assessed by the criminal court. You could be subjected to one or more of the following:

  • Criminal indictment
  • Prison time
  • A fine of $250,000 per claim for individuals for federal felony convictions
  • A fine of $500,000 per claim for businesses for federal felony convictions
  • A fine of $100,000 per claim for individuals for a misdemeanor conviction
  • A fine of $200000 per claim for businesses for a misdemeanor conviction

Qui Tam Lawsuits in Portland, Oregon

Portland, Oregon False Claims Act investigations are most often started because a malcontented former employee or a dishonest competitor files a qui tam lawsuit against you. Initially, qui tam lawsuits were used to assist the government. It is an incentivized lawsuit that encouraged private citizens to act as whistleblowers and report individuals, facilities, and businesses that were violating the False Claims Act. Qui tam is a Latin phrase that means “he who sues for the king and himself.” A simple false allegation of you violating the False Claims Act can trigger the investigation, and you can end up being financially punished.

The plaintiff is known as a ‘qui tam realtor.’ These suits are filed in federal court. For Portland, a qui tam lawsuit would be filed in the District of Oregon federal court. Qui tams are sealed to protect the identity of the plaintiff. The only individuals who will receive a copy of the unsealed case is the presiding judge and any involved investigators and prosecutors. In lawsuits, there are certain things that must be done by a certain time after cases are filed. If they aren’t, the courts usually dismiss the case. However, in qui tam lawsuits, the court will grant six month extensions on a regular basis to allow the federal government the time that it needs to investigate.

During the investigation, your attorney can be working to negotiate with the federal government on your behalf. It can take time to solidify any possible settlement, because each case is different. It can take months if your case is particularly complex.

The federal government will issue subpoenas to you to acquire certain records. The subpoenas can come from the FBI, the DEA, DOJ, or other federal agencies. After they review the records, usually specific corporate, financial, billing, and communication records, they will make the determination of whether they will decline to get involved or if they will support the case. Should the federal government decide that it does not wish to support the case, it isn’t necessarily over. The plaintiff has the option to continue their case against you. If they are successful, they receive a monetary incentive of 30 percent of the recovered funds.

If the government elects to support the qui tam lawsuit, this is known as government intervention. This is an extremely grave matter, because it means that you are likely to face additional charges. Intervention requires approval from the Department of Justice. Possible additional charges include violations of both the Anti-Kickback Act and the Truth in Negotiation Act. If the qui tam lawsuit is successful, the plaintiff will receive a monetary incentive of 25 percent of the recovered funds.

Compelling and Strategic Defense Strategies

The Oberheiden Law Group, PLLC holds a unique combination of experience as both former federal health care fraud prosecutors and defense attorneys. Because of this, we’ve been able to develop compelling and strategic defense strategies for False Claims Act violations for our Portland, Oregon clients.

Our experience has shown us that the majority of allegations that initiate this investigation occur because of an honest mistake made. We understand that there is a difference between a human mistake and actual fraud. Our goal is to keep you from facing criminal charges due to a mistake. To do this, we use our industry experience and our attention to details. We also use the following managing principles in each case:

Minimizing the risk of criminal charges. The first goal we have in each and every False Claims Act case is to help minimize the risk of criminal charges. To do this, we utilize our years of experience as former federal health care prosecutors and our current focused practice of health care fraud defense. We can quickly determine whether an investigation in Portland, Oregon or the surrounding area is civil or criminal in nature. We also find out why the government is investigation our clients, what exposure exists, and what can be done to resolve the investigation. We can usually get these answers for our clients within the first few hours following our engagement.

Discouraging government intervention. Since many False Claims Act investigations in Portland begin because of a dishonest qui tam lawsuit filed by a former employee or competitor, we use aggressive tactics to confront the individuals involved, their evidence, and the facts. Our objection is to destroy the credibility of the qui tam plaintiff and evidence. This is a vital strategy to discourage government intervention.

Working toward a favorable settlement on behalf of our clients. In cases where the government alleges that our clients will face civil liability, we use our experience as negotiators to work out a favorable settlement on behalf of our clients. In many of our previous False Claims Act cases, we’ve been able to negotiate the original damage down to a smaller fraction. None of our clients have been forced to close down their practice or business or stop practicing.

Call the Oberheiden Law Group right away to discuss your case. Initial consultations are free of charge and totally confidential. No time to call? You can also email us or use our contact form to get started. Don’t wait. The sooner you call us, the sooner we can get the answers that you need.

The Oberheiden Law Group, PLLC

The Oberheiden Law Group, PLLC has successfully represented doctors; clinic owners; physician-owned entities; toxicology labs; DME companies; pharmacies; service management organizations; marketing companies that operate in health care, clinics, hospitals; and many other health care related entities in relation to False Claims Act violations. We also assist defendants in qui tam lawsuits; Stark Law violations; Anti-Kickback statute violations; and with Medicare, Medicaid, Tricare, and Department of Labor investigations.

Our Track Record

The attorneys of the Oberheiden Law Group, PLLC have successfully defended physicians, practice owners, physician owned entities, toxicology laboratories, device companies, pharmacies, service management organizations, health care marketing companies, hospitals, and many others in False Claims Act, qui tam lawsuits, Stark Law, Anti-Kickback, Medicare, Medicaid, Tricare, and DOL investigations.

  • 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.

Call the Oberheiden Law Group, PLLC now and ask to speak with our Health Care Fraud Defense Team about your case. Initial consultations are confidential and free.

False Claims Act Defense Lawyers Serving Portland, Oregon

Nick OberheidenDr. Nick Oberheiden has represented clients in qui tam lawsuits, False Claims Act investigations, Medicare fraud investigations, Tricare fraud investigations, Stark Law violations, and anti-kickback proceedings before virtually all federal agencies including, but not limited to, the Office of Inspector General (OIG), the Department of Health and Human Services (HHS), the Department of Defense (DOD), the Department of Justice (DOJ), and the Department of Labor (DOL). Dr. Oberheiden is trained in negotiations by Harvard Law School and holds a Juris Doctor from the University of California, Los Angeles, as well as a Ph.D. in law.

Lynette ByrdLynette S. Byrd is a former Assistant United States Attorney (AUSA). Detroit clients greatly benefit from Ms. Byrd’s previous experience with the Department of Justice, where she prosecuted health care fraud, Anti-Kickback violations, violations of the False Claims Act, and Stark Law violations on behalf of the United States. Ms. Byrd has immense experience with health care law enforcement, and she regularly argues federal matters for her clients.

Don’t wait. We’re available now to discuss your case. Call us, email us, or use our contact form.

800-810-0259
Including Weekends
Oberheiden Law Group, PLLC
Serving Portland, Oregon and Surrounding Areas
www.federal-lawyer.com
This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. The Oberheiden Law Group PLLC is a Texas PLLC with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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