False Claims Act – 18 USC § 287.

According to the Department of Justice website, “Settlements and judgments under the False Claims Act exceeded $2.68 billion in the fiscal year ending Sept. 30, 2023…”[1] This figure constitutes 543 settlements and judgments, which the DOJ provides was “the highest number of settlements and judgments in a single year.” Moreover, recoveries resulting from these settlements and judgments total more than $75 billion.

The DOJ continues to focus on the health care industry and continues to investigate and bring cases against parties that it alleges provide false information for the submission of medical claims.

The False Claims Act is codified in 18 U.S. Code § 287. This statute provides in part:

• Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title.

In general terms, this statute makes it a federal crime if one knowingly presents a false or fraudulent claim against any United States agency. The term “false claim” refers to any request or demand for money or property made directly or through a third party.

Frequently, the investigation and charges brought by the DOJ stem from fraudulent billings associated with Medicare.

LGR Law, LLC is a boutique, federal criminal defense law firm, with offices in New York and New Jersey.  We represent many individuals who have been advised that they are being investigated by the DOJ.  Many of these cases involve healthcare fraud allegations.

If you or a loved one are contacted by a federal agency or the Assistant United States Attorney, for allegations of violating any federal law, contact the attorneys at LGR Law Group. We will fight for your rights and protect your freedom.

Lorraine Gauli-Rufo and LGR Law Group focus on defending federal charges brought in New Jersey or in Manhattan, New York, and White Plains. If you or a loved one is facing federal criminal charges or is under investigation by federal agents or have been contacted by a federal agent or an Assistant United States Attorney, we can help you. Ms. Gauli-Rufo and her team have successfully defended people charged with crimes throughout New York and New Jersey. They have obtained acquittals of many charges and have been able to obtain reduced charges and below Guideline sentences (including probationary sentences) in thousands of cases over the last 30 years. Our representative cases include healthcare fraud, bank fraud, wire fraud, mail fraud, internet and computer fraud, securities fraud, Hobbs Act Robbery, Firearm and gun charges, drug offenses, RICO charges, gang crimes, and more. We also handle appeals and habeas matters. We have appeared and argued in both the Third Circuit Court of Appeals and the Second Circuit. We offer a free 15-minute consultation and defense strategy session for all potential clients. Call today to schedule an appointment with our experienced and trusted criminal defense lawyers. Call (973) 239-4300 or contact us from our website www.lgrlawgroup.com or email us at [email protected].

[1] https://www.justice.gov/opa/pr/false-claims-act-settlements-and-judgments-exceed-268-billion-fiscal-year-2023 (accessed February 29, 2024)