Dallas, Texas False Claims Act Violations Defense Lawyers

Healthcare providers and businesses in Dallas, Texas who are being investigated or prosecuted for violating the False Claims Act have a powerful ally on their side. Oberheiden, P.C. is a Texas law firm that practices in healthcare fraud defense. The principal managing lawyer is the Harvard-trained Dr. Nick Oberheiden. Lynette Byrd, a former federal prosecutor, rounds out the team. Prior to joining Oberheiden, Ms. Byrd prosecuted healthcare fraud, False Claims Act violations, Stark Law violations, and Anti-Kickback violations on behalf of the federal government.

Dallas and False Claims Act Violations

Although the federal government monitors and investigates False Claims Act violations throughout the entire United States, there are nine areas that are more closely watched. Dallas, Texas is one of those nine locations. Dallas has a large number of federal healthcare program recipients. As such, more claims are filed in the area. The government believes that there is a higher likelihood for False Claims Act violations because of the increase in claims. The DOJ announced in 2016 that they had investigated more than 300 reported cases and recovered more than $900 million.

Dallas, Texas is monitored by the Medicare Fraud Strike Force. They investigate and prosecute False Claims Act violations. The Medicare Fraud Strike Force is comprised of investigators and prosecutors from multiple federal agencies including the Department of Justice, the Department of Health and Human Services, Office of Inspector General, the FBI, and the IRS. Being investigated by the Medicare Strike Force is a very serious matter. Dallas-area practitioners and entities should call Oberheiden, P.C. right away.

Explaining the False Claims Act

The False Claims Act is a federal law. It applies to any person or business that has direct or indirect contracts with and will be paid for services by the federal government. The law creates legal liability for contractors, individuals, organizations, or businesses who knowingly submit or causes the submission of a false claim to get approval for payment from the United States government.

In the context of legal liability, knowingly is an important word that means you knew or that you should have known. It’s about due diligence as someone in the healthcare industry. For example, if you hire someone to handle your coding and billing and they use an obsolete ICD code, that could be seen as a violation of the False Claims Act. This is because you knew or should have known whether or not they were going to use the most up-to-date codes.

Examining Criminal and Civil Liability

Dallas healthcare providers and businesses who are charged with False Claims Act violations may face serious civil and criminal penalties for their actions. During the beginning of the investigation, you may not know whether you’re facing criminal or civil charges. Oberheiden, P.C. can help you find out. This is important because you could face civil penalties, criminal penalties, or both.

Civil liabilities may include being assessed with treble damages, fines of up to $11,000 per claim, recoupment requests, and future exclusion from federal healthcare programs. You may face disciplinary actions and lose your license. You may also lose your hospital privileges.

Criminal liability is more than a criminal record. Individual practitioners may face up to $250,000 in fines for felony convictions and up to $100,000 per claim for misdemeanors. Businesses can face up to $500,000 for each felony claim and up to $200,000 for each misdemeanor. You could also face federal prison time of up to five years.

Qui Tam Lawsuits in Dallas

In Dallas, Texas, most False Claims Act investigations begin because of a qui tam lawsuit. Initially, qui tam, which is Latin for he who sues for the king and himself, were used as a means to protect whistleblowers who wanted to help the government get back money that they paid out on fraudulent claims. Yet, in Dallas, they aren’t always filed by honest whistleblowers. Rather, they are filed by former employees and competitors who are just looking to punish you.

In a qui tam lawsuit, the plaintiff is referred to as a qui tam relator. For Dallas, qui tam lawsuits are filed in the Northern District of Texas federal court. These lawsuits are sealed. The only people who receive unsealed copies are the presiding judge and the necessary government officials.

If a qui tam lawsuit is successful against you, the plaintiff can receive 25 or 30 percent of the recovered money, depending on whether or not the government decides to support the qui tam lawsuit. This monetary incentive originally existed as a reward for true whistleblowers. Yet, now those who file unsubstantiated claims have the very real possibility of receiving money for shutting down your business.

Since False Claims Act investigations can take a lot of time, qui tam cases in Dallas can have extensions filed and granted. This allows the federal government enough time to complete their investigation. During the investigation, you will likely receive subpoenas for your corporate, communication, financial, and billing records. You could hear from multiple federal agencies including the DOJ, DOD, DEA, FBI, OIG, or other agencies.

The government will review your documents and decide whether or not they will support the qui tam case. If they reject the case, it isn’t over. The plaintiff can decide to continue without the help of the government. If they win, they will receive a monetary reward of 30 percent of the recovered funds. The other option is for the government to support the case. This is called intervention. If the government intervenes, you’ll likely face additional charges including violations of the Anti-Kickback Act and the Truth in Negotiation Act. If the lawsuit is successful with governmental support, the plaintiff will be entitled to keep 25 percent of the recovered funds.

If you’ve received notification about a qui tam lawsuit, you should have a False Claims Act defense attorney on your side. Your attorney can contact the federal investigating prosecutors and work to negotiate a settlement on your behalf and minimize the risk of criminal charges. The length of time that any settlement may take will largely depend upon the complexity of your case.

Proven Defense Strategies in Dallas False Claims Act Cases

Oberheiden, P.C. is comprised of experienced defense lawyers, many of which are former federal prosecutors of healthcare fraud. We’ve successfully represented clients across the United States. Our experience gives us an edge to help Dallas clients through qui tam lawsuits and False Claims Act investigations. We’ve developed three core principles, using our industry knowledge and experience that helps us reach the most acceptable resolutions for our clients:

1. Our first goal is to minimize the risk of our Dallas clients facing criminal charges. We use our experience and our government contacts to find out whether you are facing civil or criminal charges. We work to find out the objectives of the investigation and how it can be resolved. Oberheiden, P.C. is usually able to get the answers to these important questions within the first few days of being retained.

2. We cast doubt on to the qui tam allegations. So many False Claims Act investigations in Dallas are the result of qui tam lawsuits filed by angry former employees. Our goal is to destroy their credibility. This is a critical move to prove to the government that the qui tam lawsuit doesn’t have any merit and should not be supported by the federal government.

3. In cases that involve civil liability, our goal is to help our Dallas clients reach favorable settlements. We’ve negotiated original damage amounts from the federal government to a small percentage. None of our clients facing a False Claims Act violations have needed to shut down their practice or their business.

Call Oberheiden, P.C. right away if you’re being investigated for violating the False Claims Act. Initial consultations are free and totally confidential. You can call us, email us directly, or use our contact form.

Oberheiden, P.C.

Oberheiden, P.C. has successfully represented doctors, nurses, clinics, physician owned entities, practice owners, laboratories, DME companies, pharmacies, healthcare marketing companies, hospitals, and other healthcare businesses facing False Claims Act violations, qui tam lawsuits, Stark Law violations, Anti-Kickback Statute violations, and Medicare, Medicaid, Tricare, and Department of Labor investigations.

Here’s a small look at our Track Record:

• 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 (Healthcare Service Provider)
  Result: No Liability.

Call Oberheiden, P.C. right away to speak with our Healthcare Fraud Defense Team about your case. Initial consultations are free and confidential.

False Claims Act Defense Attorneys Serving Dallas, Texas

Dr. Nick Oberheiden has represented clients in qui tam lawsuits, False Claims Act investigations, Medicare/Medicaid fraud investigations, Tricare fraud investigations, Stark Law violations, and anti-kickback proceedings before virtually all federal agencies including, but not limited to, the Office of Inspector General (OIG), the Department of Health and Human Services (HHS), the Department of Defense (DOD), the Department of Justice (DOJ), and the Department of Labor (DOL). Dr. Oberheiden is trained in negotiations by Harvard Law School and holds a Juris Doctor from the University of California, Los Angeles, as well as a Ph.D. in law.

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

We are available to discuss your case. You can call us directly or complete our contact form or by sending us an email.