Dallas False Claims Act Defense Attorney
A federal False Claims Act investigation can put your business, livelihood, and freedom at risk before you even know the government is investigating you. At Broden & Mickelsen, LLP, we defend individuals and businesses across Dallas and throughout Texas against allegations of healthcare fraud, government contract fraud, and qui tam whistleblower claims.
If you’ve received a subpoena, a civil investigative demand, or notice of an unsealed qui tam lawsuit, contact us now for a confidential, free consultation with a Dallas False Claims Act defense attorney.
Why Work with Broden & Mickelsen, LLP in a Dallas False Claims Act Defense Case?
False Claims Act cases can expose you to both civil and criminal consequences, so you need support from lawyers who know their way around the federal court system. Attorneys Clint Broden and Mick Mickelsen have more than 60 years of combined criminal defense experience.
Both partners are board-certified by the Texas Board of Legal Specialization as specialists in criminal law and criminal appellate law. With extensive trial and appellate experience, our Dallas criminal defense lawyers take a collaborative, hands-on approach to every case we accept.
That approach has allowed Broden & Mickelsen, LLP to successfully defend clients across the state, including for one doctor who was charged with Medicare fraud in the Eastern District of Texas. He faced prison time and the loss of his medical license.
Both partners prepared the case together, and shortly before trial, they negotiated pretrial diversion with no conviction and no damage to their client’s license.
Here’s how one client described the level of commitment we provide:
“My family was referred to Mick Mickelsen by another attorney. From day one we met Mick, we felt he knew what he was doing! Most of all, I appreciate his honesty, diligence, professionalism, and his extensive knowledge of the law! What I also appreciated was that he always responded in a timely manner, even when I texted him after hours! We won the case, and we are grateful to him. Every penny spent on Mick was worth it! Highly recommend Mr. Mickelsen!”
If you’re facing False Claims Act allegations, an experienced attorney from our firm can help you by:
- Responding to a civil investigative demand or subpoena
- Communicating with federal prosecutors and agency investigators
- Preparing a strong defense strategy on your behalf
- Advocating for a favorable resolution or pretrial diversion in a criminal matter
- Defending you in False Claims Act litigation and federal criminal proceedings
- Handling any related appeal or post-conviction matters
When you need help building a government contract, federal fraud, or healthcare fraud defense in Dallas, Broden & Mickelsen, LLP has the proven track record and litigation experience to defend you at every stage of the legal process.
What Is a False Claims Act Case?
The False Claims Act is a federal law that holds individuals and businesses liable for knowingly submitting false or fraudulent claims for payment to the federal government, as well as for furnishing false documents or concealing certain obligations to pay the government. These cases can arise in response to allegations of:
- Fraudulent Medicare and Medicaid billing
- Misrepresentations made during bidding or performance of government contracts
- False statements connected to grant funding for universities, research institutions, or nonprofits
In these contexts, the government or a private whistleblower must show that the defendant knowingly committed one or more of the following acts:
- Presented a false claim
- Used a false record that was material to that claim
- Improperly avoided an obligation to repay money owed to the government
The law defines “knowingly” as acting with actual knowledge, deliberate ignorance, or reckless disregard of the truth. Specific intent to defraud is not required for these cases.
How Do Qui Tam Whistleblower Lawsuits Work?
Many False Claims Act cases begin as qui tam lawsuits filed by private individuals called relators, often current or former employees. Relators file their complaints under seal, and their cases remain confidential while the Department of Justice (DOJ) investigates. The complaint must remain under seal for at least 60 days while the DOJ reviews the information. However, the government may request extensions “for good cause,” meaning it must show legitimate need for an extension before receiving approval.
During the review period, the government evaluates evidence, interviews witnesses, and decides whether to intervene and take over the case or allow the relator to proceed independently. Because these complaints are sealed, defendants may have no idea that a case exists until the government unseals it or contacts them directly as part of its investigation.
What Types of Conduct Can Lead to False Claims Act Allegations?
Federal investigators and whistleblowers may cite a range of allegations as evidence of a false claim. Common allegations include:
- Medicare or Medicaid billing fraud
- False certifications of compliance or eligibility
- Illegal kickbacks or referral payments
- Overbilling for services rendered
- Upcoding to higher-reimbursement billing codes
- Billing for medically unnecessary services
- Misrepresentations by federal contractors regarding pricing, quality, or performance
What Penalties Can Businesses and Individuals Face Under the False Claims Act?
The financial consequences of a False Claims Act case can be severe. A defendant found liable may be required to pay treble damages, meaning three times the amount the government lost, plus a civil penalty for each individual false claim submitted. For healthcare providers or contractors with hundreds or thousands of claims at issue, these penalties can add up quickly.
Healthcare providers may also face exclusion from participating in Medicare and Medicaid in the future, which can end some practices entirely. False Claims Act allegations can also damage professional reputations and expose practices to criminal penalties for health care fraud, mail fraud and wire fraud, and false statements to the government.
The most robust federal False Claims Act defense strategies are those that take shape early. If you know or suspect you’re under government investigation, contact an experienced attorney for help as soon as possible.
Contact a Dallas False Claims Act Defense Attorney Today
If you or your business faces a False Claims Act investigation, do not wait until formal charges appear to seek help. Arrange a free consultation with Broden & Mickelsen, LLP today, and let us put more than 60 years of combined federal defense experience to work for you. Contact us now to get started.
Frequently Asked Questions About False Claims Act Defense
False Claims Act investigations raise urgent legal questions. Below, our Texas criminal defense lawyers answer some of the questions we hear most often from clients facing these cases.
What should I do if I receive a civil investigative demand in a False Claims Act case?
Contact a False Claims Act lawyer in Dallas immediately. Civil investigative demands are subject to strict legal requirements and deadlines, and the way you respond can shape the direction of your entire case.
Can a False Claims Act investigation lead to criminal charges?
Yes. The same conduct that supports civil liability can also support criminal charges, depending on the facts of the case.
Can healthcare providers be accused of False Claims Act violations for billing mistakes?
Possibly. Simple billing errors typically do not satisfy the statute’s knowledge requirement, but the government and whistleblowers sometimes characterize systemic billing practices as knowing conduct.
What is the difference between a whistleblower claim and a government False Claims Act case?
A whistleblower, or relator, may initiate a qui tam case and pursue it even if the government declines to intervene. The government can also investigate and file a False Claims Act suit without a private relator. A qui tam defense lawyer at our law firm can explain the legal process when a relator initiates a claim.