False Claims Act Defense: Protecting Your Business and Reputation

If You’re Facing a False Claims Act Investigation, You Need an Experienced Federal Defense Attorney

Being accused of submitting a false or fraudulent claim to the federal government is one of the most serious legal challenges a business or individual can face. False Claims Act (FCA) investigations can threaten your company’s finances, licenses, and reputation — and in some cases, lead to criminal prosecution.

At Almonte Law, led by former federal prosecutor Robert Almonte II, False Claims Act Defense Attorney, we provide proactive and strategic False Claims Act defense for clients throughout Texas and Nationally. We understand how these cases are built and how to dismantle them before they become career-ending or company-ending problems.

What Is the False Claims Act?

The False Claims Act (31 U.S.C. §§ 3729–3733) is a federal law that allows the government — or private whistleblowers acting on its behalf — to pursue individuals or entities accused of defrauding federal programs or contracts.

Common Examples of False Claims Allegations

• Billing Medicare or Medicaid for services not rendered
• Overcharging the government or inflating invoices
• Falsifying quality, compliance, or cost reports
• Submitting false certifications on government contracts
• Misusing federal grant or research funds

Because whistleblowers (called relators) can earn up to 30% of any recovered amount, False Claims Act suits have become a major enforcement tool — particularly in health care and defense contracting.

Penalties Under the FCA

The penalties for a False Claims Act violation are severe:

• Treble damages — up to three times the government’s alleged loss
• Civil fines between $13,946 and $27,894 per claim (adjusted annually)
• Attorney’s fees and possible criminal charges in parallel investigations

That’s why immediate representation by an experienced FCA defense lawyer is essential.

Common Industries Targeted in False Claims Act Investigations

The FCA applies to any entity receiving federal funds or payments, but certain industries face a far higher risk due to the nature of their work with government programs and contracts.

1. Healthcare and Medical Providers

This is by far the most heavily scrutinized sector under the FCA.
Common targets include:

• Physicians, clinics, and hospitals billing Medicare/Medicaid
• Home health agencies and hospice providers
• Durable medical equipment (DME) suppliers
• Pharmaceutical and biotech manufacturers
• Telehealth and remote monitoring services

Allegations often stem from “upcoding,” billing for unnecessary procedures, or kickback arrangements. Even honest errors can trigger audits and investigations.

2. Government Contractors and Defense Suppliers

Companies performing services or supplying goods to federal agencies — from the Department of Defense to FEMA — are frequent FCA targets.
Examples include:

• Inflated or duplicate invoices
• Falsified compliance or quality reports
• Misrepresentation of subcontractor costs or capabilities
• Billing for non-compliant or undelivered work

Defense and infrastructure contractors face heightened scrutiny due to large federal spending and complex project structures.

3. Education and Research Institutions

Universities, laboratories, and educational organizations receiving federal research grants (e.g., NIH, NSF, or DoD funding) may face FCA exposure for:

• Misuse of grant funds
• False data or certifications in research reports
• Non-compliance with grant conditions or cost-sharing rules

Whistleblower suits from within academic institutions are increasingly common in this area.

4. Construction and Infrastructure Projects

Construction firms participating in federally funded projects may face FCA actions for:

• Misrepresenting materials, quality, or subcontractor work
• “Pass-through” billing fraud
• False minority-business enterprise (MBE/WBE) certifications

These claims often involve collaboration between local and federal authorities.

5. Financial Services, Tech, and Emerging Industries

Banks, fintech, cybersecurity firms, and AI or cloud-service providers involved in federal procurement or lending programs (like PPP or SBA loans) are increasingly under scrutiny for:

• False certifications in loan forgiveness applications
• Overstating compliance or security standards in contracts
• Data reporting inaccuracies in government technology projects

As federal technology spending grows, so does FCA enforcement in these newer sectors.

How Almonte Law Can Help

At Almonte Law, we approach FCA defense with precision, confidentiality, and deep government insight.
Our process includes:

• Rapid assessment of exposure and evidence
• Strategic engagement with the Department of Justice and federal agencies
• Internal investigations and document preservation
• Defense or settlement negotiation when appropriate
• Protection of your reputation and business continuity

Led by Robert Almonte II, a former Assistant U.S. Attorney, now federal defense attorney, he understands how federal investigations are built — and how to get ahead of them.

Frequently Asked Questions (FAQ)

1. What should I do if I receive a subpoena or Civil Investigative Demand (CID)?

Contact an attorney immediately. Do not respond on your own or destroy documents. The government uses CIDs to collect information early in an FCA investigation. Having counsel involved from the start can limit your risk and shape how the case develops.

2. What’s the difference between a False Claims Act case and criminal fraud?

The FCA is a civil statute, but many cases run in parallel with criminal investigations. A civil FCA case may expose you to monetary penalties, while a related criminal case could lead to prosecution. Experienced counsel ensures that your defense strategy addresses both risks.

3. Can a whistleblower really file a lawsuit against me?

Yes. Private individuals known as relators can bring a qui tam lawsuit under the FCA on behalf of the government. If the government intervenes and recovers funds, the whistleblower may receive a share of the award — giving them a strong incentive to report.

4. How long does a False Claims Act investigation take?

FCA cases are complex and often take months or years. The initial investigation stage (while the case is “under seal”) may be confidential for over a year. The key to a faster, more favorable outcome is proactive legal defense.

5. What if my company made honest billing errors?

The FCA targets knowing submission of false claims — not honest mistakes. If errors were unintentional, a defense can argue lack of intent, immateriality, or that the government suffered no loss. Early cooperation and corrective action can also reduce penalties.

6. Do I need a local attorney in Texas for an FCA case?

FCA cases are federal but often prosecuted regionally. Having a Texas-based lawyer who understands both the Southern and Western Districts of Texas is a major advantage. Almonte Law represents clients throughout San Antonio, Austin, and across the State.

Why Choose Almonte Law

• Former Federal Prosecutor Experience – Insight into DOJ tactics and priorities
• Strategic Defense – Focused on early dismissal, reduced exposure, or favorable settlement
• Client Confidentiality – Discreet representation to protect your reputation
• Tailored Approach – Each case gets individualized attention and strategy

When your business and career are at stake, experience matters. Trust Almonte Law to stand between you and the full force of the federal government.

Contact Almonte Law Today

If you or your company are facing a False Claims Act investigation or whistleblower lawsuit, don’t wait for the government to build its case — start building your defense now.

Call: 210-866-3233
Visit: www.robertalmontelaw.com