We are a team of
former federal prosecutors


Most of our cases have ended in
No Criminal Charges

Meet the Team
Oberheiden Attorneys

Experienced False Claims Act & Qui Tam Legal Defense for the San Antonio, Texas Area

San Antonio medical providers, entities, and businesses are often accused of violating the False Claims Act. This is frequently done through a qui tam lawsuit. The Oberheiden Law Group is a Texas law firm with experience in representing qui tam defendants, involved in federal investigations, or named as federal criminal defendants. We also assist our clients in setting up federal compliance program. The Oberheiden Law Group’s defense team is led by a former Chief Health Care Fraud Coordinator from the Dallas U.S. Attorney’s Office. Many of our defense lawyers have former experience as federal prosecutors and senior trial attorneys. The Oberheiden Law Group provides legal representation in San Antonio, Texas, its surrounding areas, and throughout the entire State of Texas.

A False Claims Act investigation is incredibly serious. The Oberheiden Law Group, PLLC is a distinguished Texas defense law firm serving health care providers, businesses, and related entities in and surrounding San Antonio, Texas. Dr. Nick Oberheiden is a Harvard-trained lawyer and negotiator. He provides legal assistance to clients in and around Garland, Dallas, Mesquite, Richardson, and McKinney, Texas.

Lynette Byrd is a former federal prosecutor. Before joining the Oberheiden Law Group, Ms. Byrd prosecuted False Claims Act violations, health care fraud cases, Stark Law violations, and Anti-Kickback violations. She uses her extensive knowledge to develop strategic defenses for her clients.

False Claims Act Investigations in San Antonio, Texas

Health care providers, entities, facilities, and related health care businesses have always faced a risk of being investigated for violating the False Claims Act. However, San Antonio, Texas faces a higher risk than most of the United States. This is because San Antonio, Texas is one of nine areas in the nation that is closely monitored by the Medicare Fraud Strike Force. They pay special attention to San Antonio and the surrounding area because there are many people who rely upon federal health care programs for their care. More claims are filed from San Antonio and the surrounding area because of the number of people who use federal health care programs. The federal government pays close attention to this increase in claims.

The Medicare Fraud Strike Force is a team of prosecutors and investigators from 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. This team of elite prosecutors and investigators watch for, investigate, and prosecute False Claims Act. If you’re being investigated for a False Claims Act investigations, call the Oberheiden Law Group, PLLC right away. Our initial consultations are confidential and free of charge.

Defining the False Claims Act

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

Actual knowledge isn’t a requirement under the False Claims Act. Liability under the False Claims Act can affect you because you knew or you should have known that whatever was happening would violate the False Claims Act. Think about medical coding. If you don’t handle your own coding, you either have an employee or you outsource it. If your employee or the contractor uses obsolete codes, this could cause you to face a violation of the False Claims Act, even though you are not the one who used the wrong code. Under the law, you should have known that whomever handled your medical coding was using the most up-to-date codes available.

False Claims Act Civil and Criminal Liabilities

False Claims Act investigations can result in court charges in both the civil and criminal courts. When investigations first begin, most people aren’t sure whether they are facing civil or criminal charges. The Oberheiden Law Group, PLLC can help you learn about the potential liabilities that you may face. Call us right away to book your confidential and free consultation.

Civil liabilities are assigned by the civil court. Although they are not criminal in nature, they can still affect you for years to come. 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 San Antonio, Texas

San Antonio False Claims Act investigations often occur because of a spiteful former employee or competitor who file a qui tam lawsuit against you. Qui tam lawsuits were developed as a way for private citizens to help the federal government. These lawsuits are incentivized to reward the citizens who act as a whistleblower and report health care providers, facilities, or businesses that violate the False Claims Act. In fact, ‘qui tam’ is a Latin phrase meaning “he who sues for the king and himself.” A false allegation can mean that you are financially punished and may be no longer able to work in the medical industry. When qui tam lawsuits are abused, it is a very serious matter.

The plaintiff in a qui tam case is known as a ‘qui tam realtor.’ Qui tam lawsuits are filed in the Western District of Texas federal court. These lawsuits are sealed to protect the identity of the plaintiff. Only the presiding judge and the involved federal agencies will receive unsealed copies. Lawsuits generally have a timeline that is followed. If certain items aren’t completed according to the timeline, the case is usually dismissed. However, qui tam lawsuits are different. The court recognizes that False Claims Act investigations can take time. The court allows multiple six month extensions to be filed so that the federal government will have the time that it needs to finish the investigation.

As the investigation takes place, you’ll receive subpoenas for various business, financial, communication, and business records. These subpoenas can come from the FBI, the DEA, DOJ, or other federal agencies. Having an attorney from the time when the investigation against you starts is beneficial. Your health care fraud defense attorney can work with the federal government to settle. However, you should know that it can take time to investigate and settle this sort of matter. This is especially true if your case happens to be complex.

After the federal government reviews the records it receives from you, it will decide whether it will decline the qui tam case, or if it will join. If the federal government decides that it does not want to provide its support to the qui tam case, the plaintiff can continue the case on their own. If they are successful against you, they will receive 30 percent of the recovered funds as a reward.

If the government decides to join the qui tam lawsuit, it is likely that you will face additional charges. However, before the federal government agrees to join the suit, it must get the approval of the Department of Justice. Additional charges may include violations of either or both the Anti-Kickback Act and the Truth in Negotiation Act. If the qui tam lawsuit is successful, the plaintiff will receive 25 percent of the recovered funds as a reward.

Persuasive and Strategic Defense Strategies

The Oberheiden Law Group’s experience is a unique combination because, in addition to our health care fraud defense, many of our team members are former federal health care fraud prosecutors. This enables us to develop persuasive defense strategies for our clients in San Antonio and the surrounding area.

Our experience in the industry has shown us that a majority of allegations that originate against our clients do so not because our clients wanted to defraud the government, but because our clients made an honest mistake. Our goal is to protect our clients from criminal charges. To do this, we rely on the following principles for each case:

Take action to reduce the risk of criminal charges. Our main objective in each and every San Antonio False Claims Act case is to reduce the risk of criminal charges. To do this, we use our experience as former federal health care prosecutors, along with our defense experience. We quickly determine whether a False Claims Act investigation in San Antonio, Texas or the surrounding area is civil or criminal. We get into contact with the federal government to ask about the originations of the investigation, what exposure exists, and what can be accomplished to bring the investigation to a close. Our Health Care Fraud Defense Team can often get the answers to these questions within hours of being engaged.

Limiting the possibility of government intervention in qui tam lawsuits. We’ve found that it is important to have a plan for our San Antonio clients who are defendants in a qui tam lawsuit. Since so many qui tam lawsuits in San Antonio begin because of former employees and competitors, we aggressively work to confront the individual(s), the evidence presented in the suit, and the facts surrounding the case. Our goal is to limit the possibility of government intervention by casting doubts onto the credibility of the plaintiff and the entire qui tam lawsuit.

Negotiating with the federal government. When the federal government alerts us to the fact that our clients will likely face civil liability, we negotiate with the federal government to develop a favorable settlement on behalf of our clients. In many of our previous False Claims Act cases, we’ve negotiated the original damage amount to a smaller portion. Also, none of our False Claims Act clients were forced to stop practicing or close their business.

Call the Oberheiden Law Group, PLLC at once to discuss your case. Initial consultations are free and confidential. You may also email us or use our contact form. Remember, the sooner you retain our services, the sooner we can help you get the answers that you need to put these allegations behind you.

The Oberheiden Law Group, PLLC

The Oberheiden Law Group, PLLC has provided successful legal advocacy for doctors; clinic owners; physician-owned entities; toxicology labs; DME companies; pharmacies; service management organizations; marketing companies that work 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 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 San Antonio, Texas

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 San Antonio, Texas 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.

IF YOUR FREEDOM IS AT STAKE

YOU SHOULD CONTACT US TODAY

Contact the Experienced Attorneys of the Oberheiden Law Group Now for a Confidential Consultation

Contact Us Now
×