FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Avoiding Criminal Charges False Claims Act Cases Lawyers

July 1, 2020

What Is The Criminal False Claims Act?

The Criminal False Claims Act forbids people from knowingly submitting a false claim in order to get a payment. If you submit a false claim, then the penalty is a maximum of five years in prison. You may also be charged a criminal fine for each claim that you submit.

Submitting a false claim can be a criminal or civil act. If federal law enforcement is involved, then it may be considered a criminal act. However, there are several factors that will determine whether submitting a false claim will be classified as a criminal or civil act, including the following.

  • The prosecutors who are involved in the case
  • The demands that are being made
  • The investigation
  • Whether the government agency is involved.
  • If the government has contacted anyone else

You will need to hire an attorney if you are facing an investigation. Your attorney will help level the playing field. They can come with defenses that can help mitigate the consequences or get your charges dropped.

The Federal Sentencing Guidelines

There are several factors that will affect the sentencing guidelines. The net loss and intended loss will have to be calculated. This means that you could be charged with a crime even if you did not gain anything from submitting the false claim. It is important to note that you cannot receive a sentence that is longer than five years.

Furthermore, prison time and fines are not the only punishments for false claims. You could also lose your professional license.

Defenses That Can Be Used

No Intent to Defraud

Even if you did commit fraud, intent is something that has to be proven. You may be able to get your charges dropped if you can prove that you were entitled to the payment. The prosecutor has to be able to prove that you intentionally tried to defraud someone in order to get the payment.

Mistake of Fact

You can argue that you made a mistake. You can say that you misunderstood the terms of the contract. You can also say that you accidentally submitted a claim for more than what you were owed. This is another way that you can argue that you did not intend to submit a fraudulent claim.

Government misconduct and entrapment are some of the other defenses that can be used. Your attorney will determine the best defenses that can be used.

How to Avoid Criminal Charges

You will need to consult with an attorney as soon as you find out that you are facing charges. This is one of the best things that you can do in order to prevent a civil matter from turning into a criminal one. If a false claims case is not handled correctly, then it will turn into a criminal one.

Burden of proof is still placed on the prosecutor even if the case is prosecuted criminally. If you accidentally submit a fraudulent claim because there are errors on your application, then you may not be charged with fraud. In many cases, whether someone is found guilty of a crime will depend on whether the prosecutor believes that they made a mistake or intentionally submitted a false claim.

Your lawyers have a proven track record of success and have handled many cases like yours. They understand that mistakes can often occur. They believe that mistakes should not justify criminal charges. Unqualified staff, lack of supervision, overwhelmed billing personnel and delegation are some of the things that can cause inaccurate claims to be submitted.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us