San Antonio False Claims Act Attorneys

San Antonio medical providers, entities, and businesses are often accused of violating the False Claims Act. This is frequently done via qui tam lawsuit. Oberheiden, P.C. is a Texas law firm with experience in representing qui tam defendants, those involved in federal investigations, or named as federal criminal defendants. We also assist our clients in creating federal compliance programs. Oberheiden, P.C. provides legal counsel in San Antonio, Texas, its surrounding areas, and, throughout the entire State of Texas.

A False Claims Act investigation is very serious. Oberheiden, P.C. is a renowned defense law firm serving healthcare providers, businesses, and related entities in and around San Antonio, Texas. Dr. Nick Oberheiden is a Harvard-trained whistleblower lawyer, negotiator, and firm founder. He provides legal services to clients in and around Garland, Dallas, Mesquite, Richardson, and McKinney, Texas.

False Claims Act Investigations in San Antonio, Texas

Healthcare providers, entities, facilities, and related healthcare businesses have always faced the risk of investigation for False Claims Act violations. However, San Antonio, Texas has a higher risk than most of the United States. San Antonio, Texas is one of nine areas in the nation closely monitored by the Medicare Fraud Strike Force. They pay special attention to San Antonio and the surrounding area due to the number of people relying on federal healthcare programs. More claims are filed from San Antonio and the surrounding area because of these programs. The federal government pays close attention to this high number of whistleblower claims.

The Medicare Fraud Strike Force is a team of prosecutors and investigators from several federal agencies. The team looks for, investigates, and prosecutes False Claims Act violations. If you’re under investigation for having breached the False Claims Act, call Oberheiden, P.C. right away. Your initial discussion with a whistleblower attorney is confidential and free of charge.

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)

Defining the False Claims Act

The False Claims Act is a federal law applying to any person or business with a direct or indirect contract with, and is paid for their services by, the federal government. It assigns both civil and criminal penalties for any person, business, 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. If an obsolete, or incorrect code is used, you could be held liable under the False Claims Act.

False Claims Act Civil and Criminal Liabilities

False Claims Act investigations can result in charges in both the civil and criminal courts. When investigations first begin, most people aren’t sure whether they are facing civil or criminal charges. Oberheiden, P.C. can help you learn about the potential penalties you may face. Call us right away to book your confidential and free consultation.

Civil liabilities are assigned by the civil court. Although they are not criminal in nature, they can still affect you for years to come. You could be subject to one or more of the following:

• Assessed 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 liabilities 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 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 San Antonio, Texas

San Antonio False Claims Act investigations are most often started because a former employee or a competitor files a qui tam lawsuit against you. Qui tam lawsuits were initially used to assist the government. Qui tam is an incentivized lawsuit encouraging private citizens to act as whistleblowers. They report providers, facilities, and businesses violating the False Claims Act to federal authorities. A simple false allegation of violating the False Claims Act can trigger an investigation. You may then find yourself financially penalized. It’s even possible that you will be no longer able to work in the medical industry. When qui tam lawsuits are abused, it is a very serious matter.

The plaintiff in a qui tam case is known as a ‘relator.’ Qui tam lawsuits are filed in the Western District of Texas federal court. These lawsuits are sealed to protect the plaintiff’s identity. Only the presiding judge and the involved federal agencies will receive unsealed copies. Lawsuits generally follow a timeline. If certain items aren’t completed according to the timeline, the case is usually dismissed. However, qui tam lawsuits are different. The court recognizes that False Claims Act investigations can take time. The court allows multiple six month extensions, so the federal government will have time to complete its case.

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 intervene in the case, or not become involved. 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. 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.

Persuasive and Strategic Defense Strategies

Oberheiden, P.C. has a unique combination of experience as both former federal healthcare fraud prosecutors and defense attorneys. With that background, we’ve been able to develop compelling and strategic defense strategies for False Claims Act violations.

Our experience shows the majority of allegations leading to an investigation 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:

Take action to reduce the risk of criminal charges. The first goal our San Antonio lawyers 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 San Antonio, Texas 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.

Limiting the possibility of government intervention in qui tam lawsuits. Many False Claims Act cases in San Antonio begin with a dishonest qui tam lawsuit filed by a former employee or competitor. To counter, our San Antonio False Claims Act lawyers use aggressive tactics to confront those involved, their evidence, and the facts. Our objective is to destroy the standing of the qui tam plaintiff and evidence. This is a vital strategy to discourage government intervention.

Negotiating with the federal government. 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 their practice or business or stop practicing.

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 San Antonio False Claims Act attorneys 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 to discuss your case. Initial consultations with our San Antonio False Claims Act lawyers are free and confidential. You may also email us or use our contact form. Remember, the sooner you retain our services, the sooner we can help you get the answers you need to put these allegations behind you.

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.

Oberheiden P.C.
21750 Hardy Oak Blvd Suite 102-189
San Antonio, TX 78258
210-942-0986