Experienced Legal Defense for False Claims Act & Qui Tam Charges in San Antonio

Qui tam lawsuits filed in San Antonio, Texas and the surrounding areas often result in an investigation for a potential violation of the False Claims Act. Oberheiden & McMurrey, LLP is a Texas law firm that provides legal representation for qui tam defense, health care fraud allegations, criminal defense, and during federal investigations. Our defense team is managed by a former Chief Health Care Fraud Coordinator for the Dallas U.S. Attorney’s Office. Attorneys on our health care fraud defense law team have impressive educational backgrounds. Many on our team have experience as former federal prosecutors and senior trial attorneys. Oberheiden & McMurrey, LLP provides legal services in San Antonio and throughout the entire State of Texas.

Oberheiden & McMurrey, LLP is a law firm with Texas roots practicing in False Claims Act defense. We have substantial experience in regulatory compliance, corporate structuring, litigation, federal government investigations, and in criminal defense. Our staff of defense attorneys include a former Chief Health Care Fraud Coordinator for the Dallas U.S. Attorney’s Office, former senior Department of Justice prosecutors, former lead prosecutors of the elite Medicare Fraud Strike Force, and highly experienced attorneys with years of relevant experience and education from the country’s best law schools, including Harvard and Yale. Oberheiden & McMurrey, LLP provides services in San Antonio, Texas and the surrounding areas.

Dr. Nick Oberheiden is a Harvard-trained lawyer and negotiator. Dr. Oberheiden provides legal assistance to clients in and around Garland, Dallas, Mesquite, Richardson, and McKinney, Texas. Dr. Oberheiden is a recognized health care fraud defense attorney and is the managing partner of Oberheiden & McMurrey, LLP.

False Claims Act Violations in San Antonio, Texas

Health care providers, facilities, businesses, and entities in and around San Antonio, Texas includes a higher chance of being investigated for violating the False Claims Act than in most other areas in the United States. It is one of nine areas that is more closely watched by the Medicare Fraud Strike Force. This happens because San Antonio and its surrounding areas has a considerable number of people who are dependent upon federal health care programs. Because of this, more claims are filed with the federal government for reimbursement. The increase in claims causes the federal government to closely watch the area.

The Medicare Fraud Strike Force monitors, investigates, and prosecutes violations of the False Claims Act. This elite team is comprised of prosecutors and investigators from several federal agencies including the Department of Justice, the Department of Health and Human Services, the Office of Inspector General, the DEA, the FBI, the IRS, and can include other agencies. If you are contacted by the Medicare Fraud Strike Force, you should contact Oberheiden & McMurrey, LLP immediately. Our initial consultations are free of charge and confidential.

What Is the False Claims Act?

The False Claims Act is a federal statute. It is applicable to any individual, business, or organization with a direct or indirect contract with and that are paid by the federal government. It establishes civil and criminal liability for any individual, corporation, organization, or contractor that knowingly submits or causes the submission of a false claim for approval and payment by the federal government.

Actual knowledge isn’t a requirement under the False Claims Act to create legal liability. Liability arises since the government believes that, as a professional, you knew or you should have known that what happened would be a violation of the False Claims Act. Consider medical coding as an example. It is commonly outsourced or assigned to an employee. If the person or company that handles your coding uses an obsolete or improper code, you could be held legally responsible. It was your primary responsibility to ensure that your coding included the most up-to-date codes available.

Civil and Criminal Penalties Under the False Claims Act

If you are charged with violating the False Claims Act, you may be faced with civil and criminal penalties. You may not know at the beginning of the investigation whether you are facing civil or criminal charges. Call Oberheiden & McMurrey, LLP immediately. Once we are retained by you, we can get the answers that you need and begin to advocate in your best interest.

Civil penalties are levied by the civil court. The penalties can affect you for the rest of your life because you could lose your professional license or your hospital privileges. You may face 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 penalties are severe. You may face one or more of the following:

  • Criminal indictment
  • Prison time
  • A fine of $250,000 per claim for individuals 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 individuals for a misdemeanor conviction
  • A fine of $200000 per claim for businesses for a misdemeanor conviction

Qui Tam Lawsuits in San Antonio, Texas

Qui tam lawsuits in San Antonio, Texas are common triggers of False Claims Act investigations. Initially, qui tam lawsuits were used to encourage private citizens to protect the federal government from being defrauded. Qui tam is a Latin phrase that means ‘he who sues for the king and himself.’ These lawsuits include a monetary reward for the plaintiff. However, what once started with noble intentions is now abused in San Antonio. Qui tam lawsuits are frequently filed against people just like you by angry former employees or competitors who want nothing more than to make you suffer.

A plaintiff in a qui tam lawsuit is known as a ‘qui tam realtor.’ Qui tam lawsuits in San Antonio are filed in the Western District of Texas federal court. These lawsuits are sealed to protect the identity of the plaintiff. The presiding judge and involved federal investigators will receive unsealed copies.

Qui tam lawsuits can take quite a while because the federal government needs enough time to finish their investigation. The federal court will routinely grant six month extensions. From the start of the investigation, your attorney can be in contact with the federal government to advocate on your behalf. This is extremely beneficial because it is an ideal time to get answers to important questions, discuss the possibility of settlements, and work to resolve the investigation. The amount of time that it would take to resolve or settle depends upon the complexity of your case.

You will receive subpoenas during the investigation that require you to provide your corporate, financial, billing, and communication records. Subpoenas may come from the FBI, the DEA, DOJ, or other federal agencies. After the records are reviewed, the federal government will decide whether it wants to support the qui tam lawsuit. If the federal government declines its support, the case isn’t necessarily over. The plaintiff can continue the case. If successful, they will receive a reward of 30 percent of the recovered funds.

In cases where the government supports qui tam lawsuits, it is referred to as government intervention. This is concerning because, when the government decides to support a qui tam lawsuit, it will likely be amended to include additional charges. Intervention requires approval from the Department of Justice. Additional charges can include violations of both the Anti-Kickback Act and the Truth in Negotiation Act. If you lose the qui tam lawsuit, the plaintiff will be entitled to receive 25 percent of the recovered funds.

Compelling Defense for San Antonio Clients

Oberheiden & McMurrey, LLP has developed strategic defense strategies for clients facing False Claims Act investigations. Our experience has taught us that most allegations that initiate False Claims Act investigations in San Antonio occur because of clients who make honest mistakes. Our objective is to protect our clients from criminal allegations and help resolve investigations. We’ve developed the following principles to help develop compelling defense strategies for our San Antonio clients:

Reducing the possibility of criminal charges. Our primary objective is to lessen the possibility of criminal charges. To do this, we use our experience as former federal prosecutors and health care fraud defense lawyers to determine whether you may be facing criminal charges. We also contact the federal government to determine why they are investigating our clients, the existing exposure, and what we can do to resolve the investigation. We can usually get the answers to these important questions within a few hours following our engagement.

Qui tam lawsuit defense. Many False Claims Act investigations in San Antonio are started because of an abuse of a qui tam lawsuit. We use aggressive defense tactics to confront the plaintiff, test the evidence, and question the facts. Our objective is to destroy their credibility in the eyes of the court system and the federal government. We want to prove to the federal government that the case does not deserve its support.

Potential settlement on behalf of our clients. When the government alerts us to the possibility of civil liability on behalf of our clients, we rely on our experience as negotiators to work toward a potential settlement. In many of our previous False Claims Act cases, we’ve negotiated the original damage amount down to a smaller fraction. None of our clients have been forced by the federal government to close their practice or business.

If you’re being investigated for a False Claims Act violation or if you are a named defendant in a qui tam lawsuit, you should contact Oberheiden & McMurrey, LLP right away. Initial consultations are free and confidential. You can also email us or use our contact form to get started. Don’t wait. The sooner you call us, the sooner we can get the answers that you need.

Oberheiden & McMurrey, LLP

Oberheiden & McMurrey, LLP has successfully represented doctors, clinic owners, physician-owned entities, toxicology labs, DME companies, pharmacies, service management organizations, marketing companies that work in health care, clinics, hospitals, and many other health care-related entities in relation to False Claims Act violations. We also assist defendants in qui tam lawsuits, Stark Law violations, Anti-Kickback statute violations, Medicare, Medicaid, Tricare, and Department of Labor investigations.

Our Track Record

The attorneys of Oberheiden & McMurrey, LLP have successfully defended physicians, practice owners, physician owned entities, toxicology laboratories, device companies, pharmacies, service management organizations, health care marketing companies, hospitals, and many others in False Claims Act, qui tam lawsuits, Stark Law, Anti-Kickback, Medicare, Medicaid, Tricare, and DOL investigations.

  • False Claims Act Investigation (Pharmacy)
    Result: No Liability.
  • False Claims Act Investigation (Pharmacy)
    Result: No Liability.
  • False Claims Act Investigation (Laboratory Group)
    Result: No Liability.
  • False Claims Act Investigation (Laboratory Group)
    Result: No Liability.
  • False Claims Act Investigation (Laboratory Group)
    Result: No Liability.
  • False Claims Act Investigation (Physician)
    Result: No Liability.
  • False Claims Act Investigation (Physician)
    Result: No Liability.
  • False Claims Act Investigation (DME Company)
    Result: No Liability.
  • False Claims Act Investigation (MSO)
    Result: No Liability.
  • False Claims Act Investigation (MSO)
    Result: No Liability.
  • False Claims Act Investigation (Physician Syndication)
    Result: No Liability.
  • False Claims Act Investigation (Physician Syndication)
    Result: No Liability.
  • False Claims Act Investigation (Physician Syndication)
    Result: No Liability.
  • False Claims Act Investigation (Device Company)
    Result: No Liability.
  • False Claims Act Investigation (Health Care Service Provider)
    Result: No Liability.

Call Oberheiden & McMurrey, LLP now and ask to speak with our Health Care Fraud Defense Team about your case. Initial consultations are confidential and free.

False Claims Act Violation Defense Attorneys Serving San Antonio, Texas

Nick OberheidenDr. Nick Oberheiden has successfully represented health care executives, business owners, public officials, physicians, and lawyers in high profile prosecutions, during accusations of political corruption, government investigations, and directed media campaigns, including 60 Minutes. He is most known for stopping federal investigations before criminal charges can be filed. In addition to his health care defense practice, Dr. Oberheiden leads internal investigations, implements corporate compliance programs, and teaches U.S. criminal law and federal litigation in the United States and abroad.

Lynette ByrdLynette S. Byrd is a former Assistant United States Attorney (AUSA). Clients greatly benefit from Ms. Byrd’s experience from the Department of Justice, where she prosecuted health care fraud, Anti-Kickback violations, False Claims Act, and Stark violations on behalf of the United States. Ms. Byrd has immense experience with health care law enforcement, and she regularly argues federal matters for her clients.

We are available every day of the year. You can call us directly or complete our contact form or by emailing us directly.

888-997-2520
Including Weekends
Oberheiden & McMurrey, LLP
Serving San Antonio, Texas and Surrounding Areas
www.medicare-lawyer.com
This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.