Portland False Claims Act Attorneys

Portland, Oregon healthcare providers, hospitals, and businesses are frequently accused of violating the False Claims Act. These allegations are often made in qui tam lawsuits. Oberheiden, P.C. represents clients in Portland, Oregon and the surrounding areas. We are a law firm experienced in internal investigations, litigation, and criminal defense. We also assist our clients by establishing federal regulatory compliance programs. Many of our team members have former experience as federal prosecutors and senior trial attorneys. Oberheiden’s team is managed by a former Chief Healthcare Fraud Coordinator from the U.S. Attorney’s Office. We represent clients in Portland, Oregon and the surrounding areas.

An allegation of a False Claims Act violation is an extremely serious matter. Oberheiden, P.C. is an eminent defense firm serving healthcare providers, businesses, and entities in and surrounding Portland, Oregon. Harvard trained attorney, Dr. Nick Oberheiden, leads our firm.

False Claims Act Investigation in Portland, Oregon

Healthcare providers, entities, facilities, and related businesses risk investigation for violating the False Claims Act. In fact, Portland’s risk is higher than the majority of the United States. This is due to Portland, Oregon being one of nine areas monitored by the Medicare Fraud Strike Force. This occurs because Portland and its surrounding areas have a considerable number of people dependent upon federal healthcare programs. More beneficiaries means more claims are filed with the federal government. These claims cause the federal government to pay much closer attention to potential False Claims Act violations.

The Medicare Fraud Strike Force is a diverse team of prosecutors and investigators from various federal agencies. If you, your clinic, or your healthcare business are under investigation for violating the False Claims Act, call Oberheiden, P.C. at once. Our initial consultations are free 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)

What Is the False Claims Act?

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

It’s important to know that you do not need to be aware that a false claim was submitted to be held liable under the False Claims Act. Liability occurs because you knew or should have known that what was happening would be a violation. For instance, if you outsource your billing and coding, you may not know if the individual or company uses the most up-to-date codes. However, it is your responsibility to know. You could be liable under the False Claims Act if an obsolete or incorrect code is used.

Civil and Criminal Liabilities Under the False Claims Act

False Claims Act investigations can lead to charges in both civil and criminal court. At the outset of the investigation, most people are unsure what penalties they may be facing. Oberheiden, P.C. can help you get the answers you need. Call us today for your free and confidential initial consultation.

Civil penalties are levied by the civil court. Despite the fact they are civil, they can have long-lasting effects on your career. You could be subject to one or more of the following:

• Assessed treble damages (damages that are three times more than the amount 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 assessed by the criminal court. You could be subject 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 $200,000 per claim for businesses for a misdemeanor conviction

Qui Tam Lawsuits in Portland, Oregon

Portland, Oregon False Claims Act investigations are most often started because a former employee or a competitor files a qui tam lawsuit against you. Initially, qui tam lawsuits were used to assist the government. Qui tam is an incentivized lawsuit encouraging private citizens to act as whistleblowers and report providers, facilities, and businesses that violate the False Claims Act. A simple false allegation of violating the False Claims Act can trigger the investigation, and you can be financially penalized.

The plaintiff is known as a ‘qui tam relator.’ These suits are filed in federal court. For Portland, a qui tam lawsuit would be filed in the District of Oregon federal court. Qui tams are sealed to protect the identity of the plaintiff. A copy of the unsealed case is only provided to the presiding judge and investigators and prosecutors. In lawsuits, there are certain things that must be done by a certain time after cases are filed. If they aren’t, the courts usually dismiss the case. However, in qui tam lawsuits, the court grants six-month extensions on a regular basis to allow the federal government time to investigate.

During the investigation, your Portland False Claims Act attorney can work to negotiate with the federal government on your behalf. It can take time to finalize any possible settlement because each case is different. It can take months if your case is particularly complex.

The federal government will issue a subpoena to acquire specific records. The subpoenas can come from the FBI, the DEA, DOJ, or other federal agencies. After reviewing these records, the government decides if they will decline to get involved or if they will intervene in the case. Should the federal government decide that it does not wish to support the case, it isn’t necessarily over. The plaintiff has the option to continue their case against you. If they are successful, they receive a monetary incentive of 30 percent of the recovered funds.

If the government elects to support the qui tam lawsuit, it is known as government intervention. This is an extremely grave matter because it means that you are likely to face additional charges. Intervention requires approval from the Department of Justice. Additional charges may include violations of both the Anti-Kickback Act and the Truth in Negotiation Act. If the qui tam lawsuit is successful, the plaintiff will receive a monetary award of 25 percent of the recovered funds.

Compelling and Tactical Defense Strategies

Oberheiden, P.C. has a unique combination of experience as both former federal healthcare fraud prosecutors and defense attorneys. With that experience, our Portland False Claims Act attorneys have developed compelling and strategic defense strategies for False Claims Act violations.

Our experience shows the majority of allegations initiating investigations occur because of an honest mistake. We understand that there is a difference between a human mistake and actual fraud. Our goal is to keep you from facing criminal charges due to a mistake. To do this, we use our industry experience and our attention to detail. We also use the following managing principles:

Minimizing the risk of criminal charges. The first goal we have in each and every False Claims Act case is to help lower the risk of criminal charges. We can quickly determine if an investigation in Portland, Oregon or the surrounding area is civil or criminal in nature. We also find out why the government is investigating our clients, what exposure exists, and what can be done to resolve the situation. We can usually get these answers for our clients within the first few hours after retention.

Discouraging government intervention. Many False Claims Act cases in Portland begin with a dishonest qui tam lawsuit filed by a former employee or competitor. To counter, we use aggressive tactics to confront those involved, their evidence, and the facts. Our objection is to destroy the standing of the qui tam plaintiff and evidence. This is a vital strategy to discourage government intervention.

Working toward a favorable settlement on behalf of our clients. When the government decides on civil penalties, we use our negotiating skills to gain clients a favorable settlement. In many False Claims Act cases, we’ve been able to negotiate the original damage down to a small fraction. None of our clients have been forced to close down their practice or business or stop practicing.

Call Oberheiden, P.C. right away to discuss your case. Initial calls with our Portland False Claims Act lawyers are free of charge and totally confidential. No time to call? You can also email our Portland False Claims Act lawyers or use our contact form to get started. Don’t wait. The sooner you call us, the sooner we can get the answers you need.

Oberheiden, P.C.

In relation to False Claims Act violations, Oberheiden, P.C. has successfully represented:

• Doctors,
• Clinic owners,
• Physician-owned entities,
• Toxicology labs,
• DME companies,
• Pharmacies,
• Service management organizations,
• Marketing companies that operate in healthcare, clinics, hospitals, and
• Many other healthcare related entities.

Our Portland False Claims Act lawyers 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.