False Claims Act (FCA) cases can have significant consequences for individuals and businesses accused of defrauding government programs. Whether it involves health care fraud, government contract overbilling, or tax fraud, these cases are aggressively prosecuted. At Romano Law, our experienced attorneys are prepared to defend clients against FCA allegations, protect their rights, and limit potential penalties.
The FCA provides a mechanism for whistleblowers (also called “relators”) to report fraud against government programs and even receive a share of recovered funds. However, being accused of violating the FCA—even for inadvertent violations—can result in severe financial and reputational harm.
What is the False Claims Act?
The False Claims Act is a federal law designed to combat fraud against the U.S. government. It imposes liability on individuals and organizations that knowingly submit false claims for payment or approval to government programs. This can include inflated invoices, billing for services not provided, misrepresenting goods or services, or falsifying information on applications or contracts.
Originally enacted during the Civil War to address fraud in government contracting, the FCA has evolved into a powerful tool to protect public funds. It includes provisions for treble damages (triple the amount of the fraudulent claim) and civil penalties per false claim submitted. New York State has its own version of the False Claims Act, which extends coverage to fraud against state and local government programs.
How False Claims Act Cases Work
FCA cases often begin with a whistleblower—an individual with knowledge of fraud—filing a qui tam (“he who sues the king as well as for himself”) lawsuit on behalf of the government. If the government investigates and decides to intervene, it takes over the case; if not, the whistleblower can continue the case independently. These cases require substantial evidence, including documentation, witness testimony, and financial records, to prove intent and the scope of the fraud.
Health Care Fraud
One of the most common FCA cases involves fraud in health care. This includes overbilling Medicaid or Medicare, billing for services not rendered, using unlicensed providers, or misrepresenting medical necessity. Health care providers, including hospitals, doctors, and home health agencies, may face severe penalties if found liable.
Government Contract Fraud
Businesses that contract with government agencies may face FCA charges for misrepresenting qualifications, delivering substandard products, or inflating costs. Contractors and subcontractors must exercise strict compliance to avoid potential liability.
Tax Fraud (New York State)
New York’s FCA extends to tax fraud, enabling whistleblowers to report tax evasion or fraudulent filings affecting state taxes. This is one of the few state FCA provisions in the country to include tax matters, making it a powerful tool for uncovering large-scale fraud.
Financial and Grant Fraud
Entities that apply for or receive federal or state grants can face FCA allegations if they submit false information, misuse funds, or violate the terms of the grant agreement. This applies to businesses, non-profits, and educational institutions.
Matters That Our False Claims Act Attorneys Handle
At Romano Law, our experienced team of FCA attorneys handles a wide range of cases involving complex financial and regulatory issues. We have successfully defended clients accused of:
Health Care Fraud
Including Medicaid and Medicare overbilling, kickbacks, and false certifications.
Government Contract Fraud
Encompassing inflated invoices, product substitution, and misrepresentation of qualifications.
Tax Fraud
Addressing false filings and underreporting of taxes in New York State under the FCA.
Financial and Grant Fraud
Covering misuse of federal or state grant funds, false reporting, and non-compliance with grant terms.
Procurement Fraud
Involving misrepresentation in bids, collusion, and kickback schemes in government procurement processes.
Contact Our False Claims Act Attorneys Today
If you or your business is facing a False Claims Act investigation or lawsuit, it’s crucial to act immediately. FCA cases can involve both civil and criminal liability, massive financial penalties, and reputational damage. The experienced attorneys at Romano Law will work tirelessly to protect your interests, challenge the evidence, and develop a strategic defense.
Call us today for a confidential consultation with our False Claims Act attorneys. We’ll help you navigate the complexities of these cases and fight for the best possible outcome.
