Louisiana False Claims Act Attorneys

At Oberheiden, P.C. we have dedicated Louisiana False Claims Act and Qui Tam Defense Attorneys to help fight for you. Our attorneys have expert knowledge and education from the country’s best schools such as Harvard and Yale Law School. Our Louisiana False Claims Act attorneys serve clients in Louisiana and surrounding areas. Our firm is a healthcare law defense group with experience in:

• Regulatory compliance,
• Corporate structuring,
• Litigation,
• Government investigations, and
• Criminal defense.

Oberheiden, P.C.’s Louisiana False Claims Act lawyers bring aggressive counsel and years of industry knowledge to your case. The False Claims Act imposes severe civil and criminal penalties for submitting false and fraudulent claims. Even innocent providers and companies can face problems if an effective defense is not used. When facing a federal inquiry or qui tam complaint, the situation is serious.

This page serves as a resource for False Claims Act cases information and qui tam complaints in Louisiana. Following is a brief explanation of these types of cases:

• What is the False Claims Act?
• What Does it Mean to “Knowingly” Submit a False or Fraudulent Claim?
• What are the Risks of Violating the False Claims Act?
• What Happens in a “Qui Tam” Lawsuit?
• What are the Keys to a Successful False Claims Act Defense?

Louisiana Remains a Top Priority in Federal False Claims Act Investigations

Louisiana is among a few mostly Southern states where the government actively monitors for fraudulent claims. The Department of Justice has carried out several high-profile prosecutions in Louisiana. In some cases, the DOJ secured tens or even hundreds of millions of dollars in recoupments, penalties, and fines.

To combat False Claims Act violations, the federal government has a task force based in Baton Rouge. This is one of only nine such task forces in the United States. Their efforts indicate how focused the federal government is on targeting local providers.

1. What is the False Claims Act?

The False Claims Act is a federal law designed to protect taxpayers. It applies to providers and companies with federal government contracts or that provide services to federal health program recipients. The Act prohibits knowingly submitting false or fraudulent claims for payment.

2. What Does it Mean to “Knowingly” Submit a False or Fraudulent Claim?

It is illegal to knowingly submit or cause the submission of false or fraudulent claims for payment. But, the word “knowingly” is misleading. To knowingly submit such a claim, you don’t have to know that it was false or fraudulent. The False Claims Act attributes knowledge when a party should have known that a claim for payment violates the law. This means that the following all constitute potential violations of the False Claims Act:

• Mistakenly using an old (“false”) billing code after an update in the Medicare billing system
• Unbundling or upcoding services and double-billing for services, supplies, medication, or equipment
• Seeking reimbursement for medically unneeded services or services not provided
• Seeking reimbursement for supplies, medication, or equipment not purchased or not medically necessary

For individuals and companies throughout Louisiana, these and other common human errors and simple mistakes can lead to serious allegations.

3. What are the Risks of Violating the False Claims Act?

Depending on the severity of the alleged offense, violations can have both civil and criminal penalties.

Civil Penalties

Knowingly violating the False Claims Act can make you responsible for three times the government’s losses. In addition, you may be liable for fines up to $11,000 per false claim..

Criminal Penalties (18 U.S.C. § 287)

For willful violations of the False Claims Act, there are criminal penalties including up to five years in federal prison. Fines for felony offenses are up to $250,000 for individuals, or $500,000 for companies for each false claim. For misdemeanor offenses, fines are up to $100,000 for individuals, or $200,000 for companies for each false claim.

4. What Happens in a Qui Tam Lawsuit?

In many cases, False Claims Act probes come from qui tam actions submitted by private citizens called relators. The False Claims Act’s qui tam provisions are to help protect the government and taxpayers. In many cases, however, they are used by competitors and ex-employees. All it takes to launch a lawsuit is a statement that a company or provider submitted a false or fraudulent claim (see 31 U.S.C. § 3729).

Here is a brief overview of what to expect if facing a qui tam lawsuit in Louisiana:

• The Relator’s Complaint. The lawsuit begins with the relator filing a complaint in the local U.S. federal district court alleging a violation of the False Claims Act. The complaint is filed under seal to protect the relator’s identity. It is only made available to the assigned judge and select government officials.
• Initial Government Assessment. The government conducts an initial assessment of the relator’s allegations. If the allegations are groundless, the government can decline to investigate further. If allegations suggest a false or fraudulent claim, federal prosecutors conduct an inquiry.
• Government Intervention. Based on the evidence and early negotiations with defense attorneys, the government will either, 1) intervene in the case, or 2) allow the relator to pursue the case without government support. If they intervene, they will likely add charges from other anti-fraud laws like the Anti-Kickback Statute, the Truth in Negotiations Act, and other federal laws.
• Negotiations Regarding Settlement. Throughout the case, prosecutors and defense lawyers engage in negotiations regarding a pre-trial settlement. If liability appears likely, settling is often the best option to minimize penalties.
• Liability. If the defendant is found civilly liable, penalties can be up to three times the government’s losses plus fines of $11,000 per false claim. This can easily add up to hundreds of thousands or millions of dollars in damages.

5. What are the Keys to a Successful False Claims Act Defense?

Based on experience, our team developed a False Claims Act defense strategy emphasizing three key components:

• Keep the Case Civil. We want to keep the case civil in nature so that criminal penalties stay off the table.
• Prevent the Government from Intervening. We seek to expose flaws in the relator’s complaint and question the complaint’s veracity. Our efforts are to convince the government its time and resources are not worth pursuing the case.
• Negotiate Strategically for a Favorable Settlement. If evidence supports civil burden, we work to negotiate the settlement to a fraction of the government’s demands.

In False Claims Act investigations, early intervention is critical. A delay in seeking counsel could increase your chances of facing criminal charges. At Oberheiden, P.C., our Louisiana False Claims Act lawyer can act quickly to defend healthcare providers and entities throughout Louisiana and nationwide. To get started with your defense, request a free, confidential case analysis now.

Our Louisiana False Claims Act Attorneys are available to discuss your case. Call us directly or complete our contact form to schedule your free, confidential case evaluation today.