Detroit False Claims Act Defense Attorneys - Oberheiden, P.C.
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Detroit False Claims Act Defense Attorneys

Detroit address – by appointment only:
220 West Congress St. 2nd Floor
Detroit, MI 48226
313-462-7972

Oberheiden, P.C. has significant experience in advising and defending clients in False Claims Act cases. Our nationally recognized Healthcare Fraud Defense Group is headed by Dr. Nick Oberheiden, a healthcare fraud defense attorney and managing principal of Oberheiden, P.C.

Detroit Medicare Fraud Investigations

Detroit is one of only nine U.S. areas with an established special task force to monitor, investigate, and prosecute Medicare Fraud. Prosecutions in Detroit are more aggressive and frequent than in other communities. The Healthcare Fraud Prevention and Enforcement Action Team (HEAT) leads these prosecutions. HEAT is a coordinated federal task force composed of prosecutors from the Department of Justice (DOJ), the Department of Health and Human Services (HHS), the Office of Inspector General (OIG), the Federal Bureau of Investigation (FBI), and others.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

False Claims Act Explained

The federal False Claims Act applies to an individual or business directly or indirectly contracting with and paid for services by the United States government. The law creates liability for a person, organization, corporation, or prime contractor that knowingly submits or causes to be submitted a false or fraudulent claim to procure payment or approval from the government. The law is triggered when a claim that is known to be inaccurate, or that the claimant should have known (based on due diligence) was incorrect gets filed.

Civil & Criminal Liability

False Claims Act investigations present real challenges to any business. The statute contains both civil and criminal penalties. Initially, it can be hard to tell if the case will proceed as a civil or criminal matter.

  • Civil Liability: Triple damages and a penalty of up to $11,000 per claim for anyone knowingly submitting or causing submission of a false or fraudulent claim to the United States.
  • Criminal Liability (18 U.S.C. § 287): Providers who intentionally and knowingly present false claims to the government for reimbursement risk five years in prison. There are fines of $250,000 (individuals) or $500,000 (companies) for federal felony convictions. Misdemeanor convictions carry fines of $100,000 (individuals) or $200,000 (companies). These amounts are for each claim made.

What Is a Qui Tam Lawsuit?

The government does not begin most investigations. They are set off by angry former employees or competitors. The False Claims Act contains a provision letting private citizens (“relator”) file qui tam lawsuits. The reason being to recover monies on behalf of the government by alleging fraud, see 31 U.S.C. § 3729. Following are the steps in a qui tam lawsuit.

Complaint. The relator (plaintiff) files a complaint against an individual, business, or both (the defendants) with the U.S. District Court-Eastern District of Michigan. To protect the identity of the plaintiffs, qui tams are filed under seal. The court’s clerk provides a copy of the sealed complaint only to the judge and certain government officials. Extensions are regularly granted for segments of six months to keep the case sealed. It is common to see extension renewals until the government investigates the matter.

Evidence. Upon learning of the filed qui tam, the government reviews the case and will reject groundless complaints. If the complaint appears well-founded, the government may investigate. Help from federal law enforcement agencies such as the FBI, the DEA, the OIG, and others is typical. This part of the investigation takes place primarily through subpoenas. Subpoenas usually ask for specific types of records relating to the allegations.

Government Intervention. After a review of records and negotiations with the defense, the government decides if it will intervene in the case. The government may also decide to drop out and let the relator continue on its own. If the government intervenes, it typically adds causes of action like the Anti-Kickback Act and the Truth in Negotiation Act.

Case Settlement. While the government serves subpoenas, negotiations between the government and defense lawyers take place. Based on the complexity of the case, it may take several months for the government to begin its review. It will be even longer before the case reaches resolution.

Liability and Rewards. Found liable, individuals and companies accused of fraud can face orders for payment up to three times the government’s losses. Adding penalties up to $11,000 per claim can amount to a huge financial burden. The law rewards plaintiffs with up to 25 percent of the amount collected when the government intervenes. If plaintiffs proceed on their own, the reward can be as much as 30 percent.

Proven Defense Strategies

Detroit False Claims Act Defense Attorneys The Michigan attorneys of Oberheiden, P.C. have in-depth experience and have successfully resolved False Claims Act cases throughout the United States. From our experience as prosecutors and defense counsel, we know the difference between human error and guilt. These cases require strong negotiation skills, industry knowledge, and attention to detail. The following are our guiding principles:

  • No Criminal Charges. Our top priority in every False Claims Act case is to avoid criminal charges. Years of experience lets us quickly determine whether the investigation is civil or criminal. We can foresee the government’s objectives and how to efficiently resolve the matter. On average, we tell our clients within the first days what the case is about, what exposure exists, and what the government is planning.
  • No Government Intervention. False Claims Act cases are often initiated by ex-employees or competitors. In such cases, we aggressively confront them. We challenge their alleged evidence, demolish their story, and damage their standing. We strive to convince the government the accusations lack merit and do not justify intervention.
  • Favorable Settlement. When civil liability is found, we work to negotiate damages to a fraction of the government’s demand. Not a single False Claims Act settlement forced any of our clients to cease operations or to close a business.

Call Oberheiden, P.C. today to discuss your situation with our Detroit False Claims Act defense attorney. All initial consultations are free and confidential. You can call us directly at (313) 462-7972 or complete our contact form.

Proven Detroit False Claims Act Defense Lawyers at Oberheiden, P.C.

The Detroit False Claims Act defense attorneys of Oberheiden, P.C. have successfully defended physicians, practice owners, physician-owned entities, toxicology laboratories, device companies, pharmacies, service management organizations, healthcare 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 (Healthcare Service Provider)
    Result: No Liability.

Contact Oberheiden, P.C. today to reach our Detroit False Claims Act Defense Lawyer about your case. All initial consultations are free and confidential.

 

We are available every day of the year. You can call us directly at (313) 462-7972, or complete our contact form.

 

Additional Pages for Detroit, Michigan

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. Oberheiden, P.C. is a Texas PC with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

Why Clients Trust Oberheiden P.C.

  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorney
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Serving Clients Nationwide
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