Fraud Against The Government Lawyer
Defending Against Fraud Against the Government Charges
In the complex sphere of federal criminal law, fraud against the government is a serious offense with substantial ramifications. These cases often involve allegations of false statements, false claims, or conspiracy to defraud governmental entities. At Candice Fields Law, we are committed to providing robust defense services to those facing these serious accusations.
Fraud Against the Government Cases We Take
Navigating the complex waters of federal law, Candice Fields Law is your steadfast ally in defending against a range of fraud against government cases, armed with the insight and determination to protect your rights and reputation.
1. False Statements
Making false statements to government agencies can encompass a range of activities, including:
- providing inaccurate information on official documents or during investigations
- oral misrepresentations
- and fabricating data or records.
These offenses are perceived gravely, as they can potentially mislead government agencies, hampering federal investigations or the proper functioning of federal programs. If you are accused of making false statements, it is vital to have a seasoned attorney like Candice Fields Law to scrutinize the evidence and build a fortified defense that seeks to safeguard your rights and reputation.
2. False Claims
False claims often involve submitting fraudulent invoices or claims to governmental agencies. This can occur in various sectors, including healthcare (Medicare and Medicaid fraud), defense contracts, and public works projects. The False Claims Act is a broad federal statute that allows for both civil and criminal enforcement depending on the case.
Such accusations necessitate a vigorous defense strategy to challenge the veracity of the claims and present a compelling counter-narrative. Candice Fields Law is adept at dissecting these complex cases, working diligently to protect your interests and secure a favorable outcome. Here, we elucidate how the False Claims Act is integral to cases concerning fraud against the government and how Candice Fields Law is equipped to navigate the intricacies surrounding it.
False Claims Investigations Can Be Criminal or Civil in Nature.
Under 18 U.S.C. Section 287, the federal prosecutors can bring criminal charges against individuals and businesses accused of knowingly submitting false and fraudulent claims to the federal government. Unlike other federal crimes, the False Claims Act does not require evidence of specific intent to defraud. Instead, Section 287 employs a lower standard of “knowing” conduct. This lowers the burden of proof for the government and allows for prosecution in a wide range of cases. And, since knowledge can be imputed from a target or defendant’s deliberate ignorance or reckless disregard for the truth, the government may find it easier to claim that this element of the crime can be proven. Criminal violations of the False Claims Act carry fines and prison time, so it is imperative that . . .
The civil FCA protects the Government from being overcharged for goods or services. For instance, it is illegal to submit claims for payment to Medicare or Medicaid that you know or should know are false or fraudulent. Like its criminal counterpart, the civil FCA does not require proof of specific intent to defraud. Rather, the civil FCA defines "knowing" to include not only actual knowledge but also instances in which the person acted in deliberate ignorance or reckless disregard of the truth or falsity of the information. While civil FCA investigations do not lead to incarceration, they can wreak havoc financially: Under 31 U.S.C. Section 3729, civil violations of the FCA carry fines of up to $13,508 per violation. Since each individual false claim constitutes a separate violation, healthcare providers, government contractors, and other entities that submit numerous claims for payment can easily face six or even seven-figure liability. The FCA also allows the federal prosecutors to pursue recovery of treble (triple) damages, as well as recovery of the government’s costs of prosecution.
Further, the civil FCA contains a whistleblower provision that allows a private individual to file a lawsuit on behalf of the United States and entitles that whistleblower to a percentage of any recoveries. Whistleblowers could be current or ex-business partners, hospital or office staff, patients, or competitors.
Qui Tam Actions
A significant provision within the False Claims Act is the "qui tam" provision, which allows private citizens to file lawsuits on behalf of the government if they have evidence of fraud against federal programs or contracts. These whistleblowers, also known as relators, can receive a portion of the recovered damages, thus incentivizing the reporting of fraudulent activities.
Building a Strong Defense
Developing a meticulous and strategic defense is essential when facing charges under the False Claims Act. At Candice Fields Law, we adopt a comprehensive approach to scrutinize every aspect of the case, from the authenticity of the claims to the credibility of the evidence presented. Through meticulous research and careful planning, we endeavor to counter the allegations robustly, aiming to safeguard your rights and interests.
Candice Fields Law: Your Ally in False Claims Act Cases
Navigating the legal landscapes of the False Claims Act requires a seasoned attorney with a deep understanding of federal law. Candice Fields Law brings a wealth of experience in handling both criminal and civil cases of this nature, utilizing a multi-faceted approach to challenge the accusations and work toward a favorable resolution.
Securing a resilient legal defense is imperative if you face charges under the False Claims Act. Contact Candice Fields Law today, where we dedicate ourselves to championing your cause with unyielding commitment and expertise.
3. Conspiracy to Defraud Government
Being accused of conspiring to defraud the government is a significant charge that implies participation in a scheme designed to deceive government agencies and secure unlawful gains. This could involve conspiracy, falsification of documents, or manipulation of information. Building a defense against conspiracy charges demands a deep understanding of federal laws and a nuanced approach to case strategy. At Candice Fields Law, we are equipped to unravel your case's intricacies, offering a dynamic and thoroughly researched defense.
Penalties for Defrauding the Government
Being accused of defrauding the government carries severe repercussions that have long-lasting effects on individuals and entities. The legal system imposes stern penalties to deter such fraudulent activities, which can significantly alter personal and professional lives. Here, we outline the potential penalties that one might face when charged with defrauding the government:
Defrauding the government is a severe offense, and individuals convicted of criminal charges can face lengthy prison sentences. The duration of imprisonment can vary based on the gravity of the crime, the amount defrauded, and other relevant factors that influence the judicial verdict.
In addition to or instead of imprisonment, the court may order restitution, requiring the convicted individual or entity to repay the amount defrauded to the government. This is intended to make the government whole by restoring the lost funds due to fraudulent activities.
Convictions often come with substantial monetary fines that are separate from restitution payments. Civil fines related to the FCA can include treble damages as well as the cost of prosecution. These fines serve as an additional punitive measure, aiming to deter individuals and organizations from engaging in fraudulent activities in the future.
In some cases, the court may order the forfeiture of assets obtained through fraud. This is a further step to recuperate the losses incurred by the government and dissuade future fraudulent acts.
Exclusion from Government Contracts
Entities found guilty of defrauding the government might be barred from participating in government contracts, grants, or programs. This exclusion can severely restrict the operational capabilities of businesses and organizations.
Beyond legal penalties, individuals and entities convicted of fraud face substantial damage to their reputations. This can have long-lasting implications on professional relationships, business opportunities, and community standing.
Legal Representation with Candice Fields Law
Navigating the intricacies of fraud charges demands experienced legal representation. Candice Fields Law stands ready to assist you in building a strong defense, striving to mitigate potential penalties and safeguard your future.
What To Do If You are Charged with Defrauding the Government (or Receive a Target Letter)
Discovering that you are the target of a government fraud investigation can be a profoundly distressing and alarming experience. Whether you have been charged or have received a target letter, swift and calculated action is essential to protect your rights and interests. At this critical juncture, here is a guide from Candice Fields Law on the necessary steps you should take:
Do Not Ignore the Target Letter
If you have received a target letter, it is imperative not to ignore it. This letter indicates that you are under investigation, and your actions following the receipt of this letter can significantly influence the trajectory of the case.
Preserve All Relevant Documents
Immediately take steps to preserve any documents, electronic data, and records pertinent to the case. These documents can be crucial in building a solid defense strategy later.
Restrict Communication Regarding the Case
Avoid discussing the case details with anyone except your attorney. This includes communication through emails, social media, or other platforms. Keeping information confidential helps prevent any inadvertent complications in your case.
Seek Legal Counsel
Consult with a seasoned attorney with experience defending against government fraud charges at the earliest opportunity. A knowledgeable lawyer will guide you through the legal intricacies and help you craft a robust defense strategy.
No Direct Communication with Law Enforcement
Refrain from communicating directly with law enforcement or other government agencies without your attorney present. Any statements made can be used against you; hence, having legal representation during such interactions is crucial.
Comply with Legal Obligations but Protect Your Rights
While it is essential to comply with legal obligations, it is equally vital to protect your rights. An attorney will help you walk this fine line, ensuring compliance while safeguarding your interests.
Prepare for the Legal Process Ahead
With your attorney, start preparing for the potential legal battles ahead. This might include gathering evidence, identifying witnesses, and developing a comprehensive defense strategy.
Your Ally in Navigating Government Fraud Charges
Facing fraud against the government charges can be an intimidating experience, fraught with uncertainty and complexity. Candice Fields Law stands as your steadfast ally in these trying times, dedicated to offering legal counsel that is both insightful and determined. Our approach is grounded in rigorous research, meticulous preparation, and a steadfast commitment to advocating for our clients' rights and interests.
Are you facing charges of fraud against the government? Secure your defense with Candice Fields Law, where we prioritize your protection and work tirelessly to build a robust defense on your behalf. Reach out to us today.