What is False Claim?
If you are found defrauding the Federal Government, you will be charged with the false claim charge. Sounds unrealistic, yes, but that’s how it is. Few people in the country dare to defraud the Government, and if they get caught in the end, you know how serious matter this will turn out to be. The false claim charges apply when you submit any payment through any fake resource or submit fake pay orders to the Government. This case happens mostly with the organizations rather than the individuals. Question is; can any individual who is accused of the false claims, fight for the case and bring any attorney in his defense? Yes. As per every other case, you have your chance to prove yourself not-guilty. Easier said than done, though. But, you must give it a chance because the penalties are always too harsh when the Federal Government is involved.
If you are involved in a false claim charge and looking for defense, hire yourself a defense lawyer with experience in the Federal court and who knows how things go in the Federal court. If you are looking for the lawyers in your State, then they might reject the idea of fighting the case. The Federal Court has different rules, different system. So, the lawyers of Federal Court are different from the local ones.
The government needs to Prove the False Claims
The judge or the agency who is investigating you need strong proof to blame you. To attain the conviction, the Government must prove the following items:
- Any payment to any government agency or medical department (such as Medicare or Medicaid)
- Your claim for the payment was fake, fraud or fabricated.
- When you were making a claim, you knew it was fake, fraud or fabricated.
These three points clearly guide everyone to prevent these situations or happenings. Federal Government holds no barriers when they are put into any fraud category, and they will go behind you with all the power to set an example for the rest of culprits. That’s how it has always been. Very rare cases have been dismissed against a person who did get charged with a false claim.
In need to prove the false claims, you need to go for an attorney who has a lot of experience in Federal Court and knows the modesty of it. How things go inside the Court will save you, and that definitely will be a defense lawyer fighting cases in the Federal Court. Before proceeding to the Court with your attorney, you have to enlighten him about all of the situations you have faced or what you have gone through; also what you have done, step by step. Your lawyer will get more grip on the case if you both are on the same page.