The False Claims Act

Understanding the False Claims Act

The False Claims Act (FCA) is one of the most powerful tools used by the federal government to combat fraud involving government funds. Originally enacted during the Civil War to prevent fraud against the Union Army, the FCA has since evolved into a broad and aggressive statute used to prosecute a wide range of fraudulent activities involving federal funds, contracts, and programs.

Under the FCA, individuals or entities can be held liable for submitting false or fraudulent claims for payment to the government. This can include overbilling, submitting claims for services not provided, making false statements to secure government contracts, or manipulating government reimbursement programs. One of the most significant aspects of the FCA is its “qui tam” provision, which allows private whistleblowers (known as “relators”) to file lawsuits on behalf of the government and receive a portion of any recovery.

However, FCA cases can be exceptionally complex. They often involve parallel civil and criminal investigations, government intervention, and the possibility of severe financial penalties, treble damages, and reputational harm. For businesses, executives, and professionals accused of FCA violations, the stakes are high.

Our Approach to False Claims Act Defense: Strategic, Comprehensive, and Proactive

At A Einhorn Law, we understand that FCA cases can be uniquely challenging. They often begin with internal reports, whistleblower complaints, or government investigations — and they can escalate quickly. Our approach is built on providing a strong, proactive defense designed to protect your rights at every stage.

Early Intervention and Risk Assessment: We take immediate action to assess the allegations, review the evidence, and identify potential weaknesses in the government’s case. Early intervention is critical to shaping the outcome of an FCA investigation.
Strategic Negotiation with Government Authorities: If the government has intervened in an FCA case, we engage with federal prosecutors, negotiating on your behalf to resolve the matter as favorably as possible.
Challenging the Elements of Liability: We meticulously analyze the evidence, challenging the government’s ability to prove the elements of an FCA violation — including the existence of a false claim, knowledge of the false claim, and damages.
Defending Against Qui Tam Actions: If the case is driven by a whistleblower (relator), we evaluate the credibility of their allegations, challenge their standing, and defend against excessive claims.
Limiting Exposure and Protecting Reputation: We work to resolve FCA matters discreetly and efficiently, minimizing reputational damage and financial liability for our clients.

Whether you are a healthcare provider, government contractor, corporate executive, or any other professional accused of FCA violations, we are here to protect your rights and defend your interests.

Why Choose Us for False Claims Act Defense?

When facing False Claims Act allegations, the right defense can make all the difference. At A Einhorn Law, we offer a unique combination of experience, skill, and personalized representation. Here is what sets us apart:

Elite BigLaw Background: Our firm is built on nearly a decade of experience at a top-tier BigLaw firm, where we handled complex, high-stakes FCA cases and developed a deep understanding of federal investigations.
Strategic, Thorough Defense: We do not take a one-size-fits-all approach. Instead, we tailor our defense strategy to the specifics of your case, challenging the government’s evidence and identifying critical weaknesses.
Experienced in Qui Tam Litigation: We are familiar with the unique challenges of defending against qui tam actions, including dealing with relators, government intervention, and maximizing defense options.
Proactive Case Management: We believe that early intervention is key to successful FCA defense. From the first sign of an investigation, we take immediate action to protect your rights.
Selective, Client-Focused Representation: Our practice is intentionally selective. We take on fewer cases to ensure that each client receives the focused, high-caliber representation they deserve.

A Einhorn Law is here to defend your rights, protect your reputation, and secure your future — with the experience, strategy, and dedication that complex False Claims Act cases demand.