False Claims Against the Government Crimes

Filing False Claims Against the Government: Title 18, United States Code, Section 287

The Federal government spends over $3 Trillion every year. Much of that money goes to individuals and businesses that do work on behalf of the government – entities that make claims to the government for services provided for the government. Since the government spends almost $1 Trillion more than it collects in taxes, it must try to get that money from somewhere. One place it looks is to these individuals and companies that do business with or for the government. Recently, the federal government has cracked down on false claims that have been filed against it. And it has the power of the federal law behind it – under Title 18, United States Code, Section 287, anyone who knowingly makes a false claim against the government can go to prison for up to five years and pay a $250,000 fine. Make no mistake. Most, if not all, businessmen and women would prefer to deal with a commercial lawyer then a Federal criminal defense attorney. However, when the federal government questions your business practices, knocks on your door or sends you a subpoena, a Federal criminal lawyer is exactly what you will need. These direct and collateral consequences to your career, livelihood and freedom are too great to ignore.

Understanding Filing a False Claim Against The Government

Quite simply, anyone who knowingly makes or presents a false, fictitious or fraudulent claim to the government (including any department of the government such as Defense or Medicare) for any amount of money, is guilty of Filing a False Claim and can be punished by up to five years in prison and a $250,000 fine.

The Essential Elements of Title 18, United States Code, Section 287
  1. The defendant made or presented a claim against the United States, (or a department or agency of the United States); and
  2. The claim was false, fictitious, fraudulent; and
  3. The defendant knew the claim was false, fictitious, fraudulent and (in some courts);
  4. The defendant acted with the intent to defraud.
Filing a False Claim Against the Government: The Penalties & Punishment

Anyone who knowingly makes a false claim against the government can go to prison for up to five years and pay a $250,000 fine. In addition, the defendant can be barred from participating in any federal program (such as being a Medicare provider or a Department of Defense contractor) for any term of years, including life.

Remember, if the potential for a quarter million dollar fine and five years in prison isn’t concerning enough, many Federal white collar crimes do not stand on an island. That is, an arrest or indictment will charge you with multiple offenses. Whether your career, livelihood, immigration status or your liberty is in jeopardy, take the steps to protect the present and the future. Contact the former prosecutors and Federal criminal defense attorneys at Crotty Saland PC and put our experience, advocacy and knowledge to work for you.

Call the Federal criminal lawyers and former prosecutors at (212) 312-7129 or contact us online today.

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