Portland, Oregon False Claims Act Defense Attorneys

Legal Defense for False Claims Act and Qui Tam Charges in the Portland Area

Portland qui tam lawsuits often cause an investigation into whether you’ve violated the False Claims Act. If you’re part of a qui tam lawsuit or if you’re being investigated for a potential violation of the False Claims Act, call Oberheiden, P.C. now. Our legal defense team represents clients in Portland, Oregon and the surrounding areas. We provide representation for qui tam, False Claims Act allegations, during federal investigations, and during other legal matters. Oberheiden’s legal defense team is managed by a former Chief Healthcare Fraud Coordinator from the U.S. Attorney’s Office. Several of our team members have former experience as federal healthcare prosecutors and as federal senior trial attorneys. Oberheiden, P.C. serves clients in Portland, Oregon and the surrounding areas.

The Oberheiden, P.C. is a law firm who works in False Claims Act Defense. Our firm has substantial experience in regulatory compliance, corporate structuring, litigation, federal government investigations, and in criminal defense. Our staff of healthcare fraud defense attorneys include a former a former Chief Healthcare Fraud Coordinator for the U.S. Attorney’s Office, former senior Department of Justice prosecutors, former lead prosecutors of the elite Medicare Fraud Strike Force, and other talented and knowledgeable attorneys with years of relevant experience and education from the country’s best schools, including Harvard and Yale Law Schools. Our healthcare fraud defense lawyers provide services in Portland, Oregon and the surrounding areas.

What You Need to Know About False Claims Act Investigations in Portland

Portland healthcare providers, facilities, businesses, and entities bear a higher risk of being under investigation for violating the False Claims Act. It is one of nine locations in the United States that is more closely monitored by the Medicare Fraud Strike Force. Portland and its surrounding areas encompass a considerable number of individuals who depend on a federal healthcare program. This causes more claims to be filed with the federal government. The influx of claims means that the federal government watches the area closer than most other areas to determine whether there is also an increase in violations of the False Claims Act.

The Medicare Fraud Strike Force monitors, probes, and prosecutes suspected instances of False Claims Act violations. This is a diversified federal team 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 alerted that you, your practice, or your business is being investigated for violating the False Claims Act, call Oberheiden, P.C. right away. Initial consultations are free and confidential.

Defining the False Claims Act

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

It’s important to recognize that actual knowledge isn’t a requirement under the False Claims Act as far as liability is concerned. Liability arises because you knew or you should have known that what happened would constitute a violation of the False Claims Act. Medical coding presents an easy-to-understand example. If you outsource your billing and coding, you may not know whether the person or company is using the appropriate and most up-to-date codes. However, it is your responsibility to know. If the wrong code or an outdated code is used on your claims, you could be the person held legally liable.

Civil and Criminal Liabilities Under the False Claims Act

Violations of the False Claims Act can cause you to face both civil and criminal liabilities. You may not know whether you’re facing criminal penalties. Call Oberheiden, P.C.. Once retained, we can help you get the answers that you need and begin to advocate on your behalf.

Civil liabilities are assessed by the civil court. These liabilities can affect your career for the rest of your life. You may be subject to 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 liabilities are also extremely serious. You may be subject to one or more of the following penalties:

• 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

Portland, Oregon Qui Tam Lawsuits

Qui tam lawsuits in Portland, Oregon are the most common triggers of False Claims Act investigations. Although qui tam lawsuits started as an incentivized lawsuit to encourage private citizens to protect the federal government from fraud, they are now abused by unhappy former employees and dishonest competitors who are just out to ruin you. Qui tam is a Latin phrase that means he who sues for the king and himself. Those who abuse the system stand to gain more than ruining your business. They could also be financially rewarded for their false claim against you.

Plaintiffs in qui tam lawsuits are known as “qui tam realtors”. These lawsuits are filed in the federal court. In Portland, the suit would be filed in the District of Oregon federal court. Qui tam lawsuits are sealed to protect the identity of the plaintiff. Only the presiding judge and involved federal officials receive an unsealed copy of the documents.

Lawsuits have a timeline associated that dictate what should be done and when it should be completed. When the timeline isn’t kept, lawsuits can be dismissed. However, qui tam lawsuits usually have six month extensions granted on a regular basis. This gives the federal government the time that it needs to finish its investigation.

From the very start of the investigation, your defense lawyer can be in contact with the federal government to advocate on your behalf. This is beneficial because the time can be used to answer questions, propose settlements, and work to resolve the investigation. It can take time to settle these matters. The length of time that it may take is directly related to how complex your case is.

The federal government will issue subpoenas during the investigation that require you to provide certain records. The subpoenas can come from the FBI, the DEA, DOJ, or other federal agencies. Commonly requested records include corporate, financial, billing, and communication records. After reviewing the records it receives from you, the federal government will determine whether it will support the qui tam lawsuit. If the federal government decides that it does not want to lend its support to the qui tam lawsuit, it isn’t necessarily over. The plaintiff can elect to continue the case. If the plaintiff is successful, they will receive a reward of 30 percent of the recovered funds.

If the government decides to support the qui tam, this is referred to as government intervention. This is extremely concerning, because you will likely face additional charges. Intervention requires approval from the Department of Justice. Additional charges may 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.

Strategic Defense for Portland Clients

Oberheiden, P.C. utilizes unique experiences as both former federal healthcare fraud prosecutors and defense attorneys. This has enabled us to develop strategic defense options for our Portland, Oregon clients.

Our experience has taught us that most allegations that cause False Claims Act investigations happen because our clients made an honest mistake and had no intention of defrauding the government. Our goal is to protect our clients from criminal charges and to help resolve investigations. To do this, we use our industry experience and the following strategic principles:

Reducing the risk of criminal charges. Our primary objective is to reduce the risk of criminal charges. To do this, we use our experience as former federal prosecutors and healthcare fraud defense attorneys 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.

Discouraging government intervention. Because many False Claims Act investigations in Portland are initiated because of an abusive qui tam lawsuit, we use assertive tactics to confront the individuals involved, the presented evidence, and their assertion of the facts. Our goal is to destroy their credibility and show the federal government that the case has no merit and 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 violating the False Claims Act or if you are a defendant in a qui tam lawsuit, call Oberheiden, P.C. immediately to discuss your options. Initial consultations are free of charge and totally confidential. No time to call? 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, P.C.

Oberheiden, P.C. has successfully represented doctors, clinic owners, physician-owned entities, toxicology labs, DME companies, pharmacies, service management organizations, marketing companies that work in healthcare, clinics, hospitals, and many other healthcare-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.

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

False Claims Act Violation Defense Attorneys Serving Portland, Oregon

Dr. Nick Oberheiden has successfully represented healthcare 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 healthcare 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 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 healthcare fraud, Anti-Kickback violations, False Claims Act, and Stark 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 every day of the year. You can call us directly or complete our contact form or by emailing us directly.