Orange County False Claims Act Attorneys

Orange County, California has recently experienced an increase in qui tam lawsuits. These lawsuits are often brought against innocent healthcare providers and businesses. They include allegations of violating the False Claims Act. Oberheiden, P.C. is here to help. We assist clients in need of:

• Qui tam defense,
• Federal investigations counsel,
• Federal criminal charges defense,
• Corporate structuring,
• Developing a regulatory compliance program, and
• Other legal matters in California and the surrounding areas.

We are a team of Orange County whistleblower attorneys with experience as former federal prosecutors and senior trial lawyers. Oberheiden’s team is managed by a former Chief Healthcare Fraud Coordinator from the U.S. Attorney’s Office. Oberheiden, P.C. represents clients throughout Orange County, California, and the surrounding areas.

An allegation of violating the False Claims Act is extremely concerning. Oberheiden, P.C. provides healthcare fraud defense services in these matters. Our Healthcare Fraud Defense team has an admirable record of helping healthcare providers, businesses, and facilities throughout the United States.

False Claims Act Investigations in Orange County, California

Healthcare providers, and businesses in Orange County, California have a higher than average risk of suspicion for violating the False Claims Act. This is due to Orange County being one of nine areas in the nation monitored by the Medicare Fraud Strike Force. Orange County has a large population relying on federal healthcare programs. In areas where there are more recipients of federal healthcare benefits, there are more claims filed. The higher number of claims triggers the Medicare Fraud Strike Force to watch the area so closely. The federal government believes more claims mean a higher potential for fraud.

The Medicare Fraud Strike Force is a team of auditors and prosecutors from numerous federal agencies. If you or your business is under investigation for violating the False Claims Act, call Oberheiden, P.C. without delay. Initial discussions are free of charge and confidential.

Defining the False Claims Act

The False Claims Act is a federal law for any person, group, or business contracted and paid for their services or equipment, by the federal government. It authorizes civil and criminal penalties for any person, business, 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 to be subject to criminal and civil penalties. Onus occurs because you knew, or should have known, that filing an incorrect claim would be a violation of the law. For example, if you outsource your billing and coding, or if you have a staff who handle this task, you may not be aware if the correct codes are used. However, it is absolutely your responsibility to know. If an obsolete or incorrect code is used, you may be held liable for violating the False Claims Act.

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)

A Look at the Civil and Criminal Liabilities Under the False Claims Act

False Claims Act investigations may lead to charges brought against you in civil court, criminal court, or both. The majority of those investigated don’t know if they are facing civil or criminal charges. An Orange County False Claims Act lawyer at Oberheiden, P.C. can help you get the answers you need. Call us right away and book your confidential consultation. Initial calls are always free of charge.

• Adjudged with 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 attorney fees for the federal government

Criminal penalties are levied 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 persons 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 persons for a misdemeanor conviction
• A fine of $200,000 per claim for businesses for a misdemeanor conviction

Qui Tam Lawsuits in Orange County, California

False Claims Act investigations in Orange County, California commonly start because an employee or competitor files a qui tam lawsuit. Qui tam lawsuits have a specific purpose. The original goal was to provide private citizens a way to help protect the government from fraud. To encourage citizens to help the government, these lawsuits include a monetary incentive.

In Orange County, these lawsuits are often used as a method to punish or close healthcare providers, practices, and other related entities. The plaintiff, known as a ‘relator,’ files their lawsuit in the Central District of California federal court. These lawsuits are sealed for whistleblower protections. Unsealed copies are provided to the presiding judge and assigned federal officials and prosecutors. Lawsuits have timelines that dictate how and when certain actions should be concluded. False Claims Act investigations can be a long process. When necessary, the court can grant six-month extensions to give officials time to complete their investigation.

While the investigation takes place, your Orange County False Claims Act attorney advocates on your behalf to aim for a favorable settlement with the federal government. However, each case is different, and this can take time.

You will receive subpoenas requesting your business, communication, billing, and financial records. Subpoenas can come from a number of federal agencies. Upon review of your records, they decide to participate in the qui tam lawsuit or decline involvement. If the government does not support the lawsuit, the plaintiff may still continue. If the lawsuit is successful against you, the plaintiff will receive a reward of 30 percent of the recovered monies.

It’s a concerning matter if the government chooses to support the qui tam lawsuit. For this to occur, the federal team must receive permission from the Department of Justice. If permission is granted, additional charges are likely. Two of the most common are violating the Anti-Kickback Act and the Truth in Negotiation Act. If the qui tam lawsuit is successful under government intervention, the plaintiff receives 25 percent of the recovered monies.

Established Defense Principles

Oberheiden, P.C. uses its remarkable experience as both former federal healthcare fraud prosecutors and defense attorneys to assist clients. We’ve established defense principles that are compelling and strategic, and that we use with our clients nationwide.

Our experience shows the majority of allegations causing False Claims Act violations start because a mistake occurs. There are very few instances of intentional violations of the False Claims Act. Our Orange County False Claims Act attorneys understand the difference, and we work to protect our clients from criminal charges due to a mistake.

Reduce the possibility of criminal charges. Our first objective is to reduce the possibility of our clients facing criminal charges. We use our years of experience to determine what charges are likely. We also contact federal officials to find out why our clients are under investigation. We then gauge exposure, and determine what can be done to resolve the matter. We usually get answers to these questions within the first few hours after retention.

We work to deter government intervention in qui tam lawsuits. Many False Claims Act investigations in Orange County begin because someone files a qui tam lawsuit. Because these lawsuits are so often abused, we work to deter government intervention. We use strong tactics to confront the plaintiff, the evidence, and the facts presented in order to undermine the integrity of the case. This is a vital defense strategy for qui tam lawsuits.

Negotiating a favorable settlement. When the government indicates our clients may face civil penalties, we use our experience as negotiators to seek a favorable settlement. We’re often able to reduce original damage amounts to much smaller amounts. None of our clients accused of violating the False Claims Act have been forced to stop practicing or close their business.

Call the Orange County False Claims Act attorneys at Oberheiden, P.C. now to discuss the facts of your case. Initial contacts are free and confidential. You can also email us or use our contact form to get started.

Oberheiden, P.C.

Our Orange County False Claims Act lawyers have provided successful legal defenses nationwide for:

• Doctors,
• Clinic owners,
• Physician-owned entities,
• Toxicology labs,
• DME companies,
• Pharmacies,
• Service management organizations,
• Marketing companies that operate in healthcare,
• Clinics, and
• Hospitals.

Our Orange County whistleblower lawyer also assists defendants in qui tam lawsuits, safety violations, Stark Law violations, Anti-Kickback statute violations, Whistleblower Protection Act, and Medicare, Medicaid, Tricare, and Department of Labor investigations.

Call Oberheiden, P.C. now and ask to speak with our Orange County False Claims Act defense lawyers 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.