Ohio False Claims Act Attorneys

Qui tam lawsuits are routinely abused in Ohio. This causes many innocent healthcare providers and businesses to be investigated for violating the False Claims Act. If you’re named in a qui tam lawsuit or if you are being investigated by the federal government, call Oberheiden, P.C. We also assist clients with federal criminal defense. To help our client lessen the likelihood of being investigated, we assist with both corporate structuring and developing and implementing a federal regulatory compliance program. A former Chief Healthcare Fraud Coordinator from the U.S. Attorney’s Office leads our experienced Ohio False Claims Act attorneys. Oberheiden lawyers have impressive legal educations and former experience. Many of our team members have former experience as federal prosecutors and senior trial lawyers. Oberheiden, P.C. represents clients throughout the entire State of Ohio.

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Ohio healthcare providers, entities, businesses, and facilities are at higher risk of being accused of violating the False Claims Act than in the majority of the United States. If the federal government investigates you, your practice, or your business, you may be charged civilly or criminally. Oberheiden, P.C. provides legal advocacy to Ohio healthcare providers, healthcare systems, businesses, and other government contracting industries that need assistance during the False Claims Act investigation. Dr. Nick Oberheiden leads our Healthcare Fraud Defense Team. He is a Harvard-trained negotiator and renowned healthcare fraud defense attorney. Dr. Oberheiden is the principal managing partner of Oberheiden P.C.

False Claims Act Violations in Ohio

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Individual providers (such as doctors and nurses), healthcare facilities, businesses, and other entities located or providing care in Ohio bear an exceptionally higher risk of investigation for violating the False Claims Act. Ohio is one of nine areas home to many individuals who rely on a federal healthcare program of some type. Because of this, more claims are filed by providers just like you. In areas where more claims are filed, such as Ohio, the Medicare Fraud Strike Force pays close attention because the federal government believes that there is more of a risk of law violations.

The Medicare Fraud Strike Force monitors, investigates, and prosecutes False Claims Act violations. It is an investigative unit of combined investigators and prosecutors from several federal agencies, including the Department of Justice, the Department of Health and Human Services, the Office of Inspector General, the DEA, the FBI, and the IRS. Other agencies can also be involved.

If the Medicare Fraud Strike Force is investigating you, you should contact our Ohio False Claims Act attorneys immediately. Initial consultations are free of charge and confidential.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

False Claims Act Basics

The False Claims Act is a federal law. It is applicable to any individual, business, or organization that has a direct or an indirect contract with and that will be paid by the federal government for equipment or services. Any individual, business, contractor, or organization that knowingly submits or causes the submission of a false claim for approval and payment by the federal government is subject to civil and criminal penalties.

The False Claims Act doesn’t have a legal requirement of actual knowledge that the claim itself was false. Civil and criminal liability exists because, as a professional, you knew or should have known whether or not the claim was illegal. Think about your need for medical coding. Recently, ICD-10 was released and implemented. Regardless of whether you hire someone to work in your office or if you outsource, an obsolete or inaccurate code that is used can be reason for a False Claims Act investigation launched against your practice or business. It is because you have the professional responsibility to ensure that people working on your behalf are using the appropriate and most up-to-date codes available.

Civil and Criminal Penalties Under the False Claims Act

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You could be tried in civil or criminal court if you’re investigated for violating the False Claims Act. If you’re not sure about the charges that you may be facing, call Oberheiden, P.C., right now. Once retained, we represent whistleblowers and can help you get the answers that you need.

Civil penalties are ordered by the civil court. They can have a major impact on your life. Other civil penalties may come from the disciplinary board or the state licensing board. You may be subject to one or more of the following:

• 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 penalties are imposed by the criminal court. You may face 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 $200,000 per claim for businesses for a misdemeanor conviction

Qui Tam Lawsuits in Ohio

Ohio False Claims Act investigations are often caused by a qui tam lawsuit against you or your organization. Initially, these lawsuits were meant to be utilized to protect the federal government from being defrauded. Private citizens file lawsuits on behalf of the federal government to help it recover money that it paid out in false claims. If the lawsuit is successful, the plaintiff receives a portion of the recovered funds. Qui tam is Latin. It means ‘he who sues for the king and himself.’ Yet, what was meant to be a legal tool to assist legitimate whistleblowers is now abused by vindictive former employees and nervous competitors to take you and your business out of the healthcare industry.

Qui tam lawsuits are filed and heard in federal court. The federal court will depend on where your practice, facility, or business operates in Ohio. In the lawsuit, the plaintiff is called the ‘qui tam realtor.’ Qui tam lawsuits are sealed, except unsealed copies given to the assigned judge and the involved federal officials. Since False Claims Act investigations can be time-consuming, the court regularly grants six-month extensions to give the government all of the time that it needs.

As soon as you learn you’re the defendant of a qui tam lawsuit, you must retain a healthcare fraud defense attorney. Your attorney can open communication channels with the federal government on your behalf. This can help determine what can be done to bring the investigation to a close. In some instances, there are settlements available. However, please remember that these investigations and any potential settlement agreement can take time. The more complex your qui tam action case is, the longer it can take.

The federal government will issue subpoenas for your financial, corporate, billing, communication, and other important records. You may receive subpoenas from the FBI, the IRS, OIG, DEA, DOJ, or other federal agencies. The federal government will receive your documents to determine whether it will support the qui tam lawsuit or decline to get involved.

If the federal government elects to decline involvement, the qui tam lawsuit doesn’t necessarily die. The plaintiff still has the option to try to pursue the allegations against you. If they win the qui tam lawsuit, they will receive 30 percent of the recovered funds. This is government intervention in False Claims Act cases where the federal government gets involved. The Department of Justice must grant permission to the investigators and prosecutors. If this happens, you will likely face additional serious charges, such as violations of the Anti-Kickback Act, the Truth in Negotiation Act, or the Physician Self-Referral Law. If you lose the qui tam suit, the plaintiff will receive 25 percent of the recovered funds as a reward.

Imperative Defense Strategies

Oberheiden, P.C. has an impressive combination of experience. Many of the Ohio False Claims Act lawyers in our Healthcare Fraud Defense Team formerly held senior positions as federal prosecutors of healthcare fraud schemes. This experience, combined with our experience as healthcare fraud defense attorneys, has led us to develop imperative defense strategies that we use in False Claims Act investigations for our clients in Ohio and nationwide.

Addressing possible charges. The first objective of our law firm is to contact the government. It is important to do this for two reasons. First, we can ascertain the potential charges that our clients may face. Knowing this can help our Healthcare Fraud Defense Team formulate a strategic defense. Second, we understand that Ohio’s False Claims Act investigations do not originate from criminal intent. Rather, they happen because of a mistake. When we contact the government, we can determine how the investigation started, the possible exposure, and what mistakes our clients must correct to resolve the investigation. This early intervention on behalf of our clients is integral. Generally, we can contact the federal investigators and get the answers to these questions within just a few hours after we are retained.

Qui tam defense strategies. As you learned earlier, most qui tam lawsuits in Ohio are not true whistleblowing events. They are attempts at shutting you down. Unlike other law firms, we aggressively confront qui tam actions involving our Ohio clients. The objective is to destroy the credibility and integrity of the case and the plaintiff. We closely analyze the facts and the evidence in order to prove to the federal government that the case has no merit and does not deserve its support.

Negotiations with the federal government. The government may inform us of a settlement demand in civil liability cases. Our Ohio False Claims Act lawyers work to lower this amount to something more favorable to our clients. None of our clients have ever been forced to shut down their businesses or stop practicing medicine.

Oberheiden, P.C.

Oberheiden, P.C. provides successful legal defenses nationwide for doctors, clinic owners, physician-owned entities, toxicology labs, DME companies, pharmacies, service management organizations, marketing companies that work in healthcare, clinics, hospitals, and many other healthcare-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 Medicare, Medicaid, Tricare, and Department of Labor investigations.

Call Oberheiden, P.C. now and ask to speak with our Healthcare Fraud Defense Team about your case. Initial consultations are confidential and free.

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