HEALTHCARE FRAUD DEFENSE LAWYERS

Understanding the False Claims Act

The False Claims Act is a federal law that punishes individuals, companies, and other organizations that fraudulently bill or withhold money from the United States government. The Act allows private citizens to bring claims of fraud on behalf of the government through qui tam claims, which is shorthand for a Latin phrase meaning “who sues in this matter for the king as well as for himself”, derived from a historical legal mechanism that allowed commoners to bring a claim for economic damages suffered by the King.

In modern claims like these, the False Claims Act provides an incentive to private citizens to bring a claim on behalf of the government for a share of 15% to 30% of the damages awarded.

Examples of actions that may constitute a violation of the False Claims Act include:

• False claims to Medicare or Medicaid
• Kickbacks for referrals
• Billing for services not rendered
• Fraudulent procurement of government contracts

Penalties for violations of the False Claims Act include up to over $23,000 per false claim made or submitted.

An FCA claim may be accompanied by parallel government investigations and/or criminal charges. It is crucial for individuals and organizations facing such investigations to seek counsel experienced in the securities, insurance, and criminal issues that often accompany these disputes.

Healthcare Fraud and False Claims Act and Defense Attorneys in San Francisco and Throughout California

If you or your organization have been accused of healthcare fraud, or if you have been asked to answer questions in an investigation that may give rise to healthcare fraud charges, it is important that you seek legal advice as soon as possible.

Our team of knowledgeable and experienced attorneys at Delahunty & Edelman LLP defend clients involved in government civil investigations relating to alleged healthcare fraud or False Claim Act violations. We are here to assist in conducting independent internal investigations. We have the knowledge and experience to guide you through these highly sensitive matters.

As former Assistant U.S. Attorneys, Patrick Delahunty and Will Edelman bring the perspective and experience of federal prosecutors who have obtained convictions against multiple defendants for fraud in California including those in the healthcare industry. With experience on both sides of these cases, our team is well positioned to examine evidence in your case and to develop a defense strategy.

Our goal is to resolve these allegations as quickly as possible and fully exonerate our clients or substantially mitigate the charges and penalties against them.