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Laws on Federal Fraud
Federal Fraud generally occurs when any individual, business, government contractor or subcontractor, medical provider, or drug and medical device company commits an act of fraud against the federal government. Virtually anyone who receives or pays money to the federal government can commit such an act. These acts include knowingly presenting a fraudulent claim for payment, using a false record or statement to get a claim paid, conspiring with others to get a false claim paid and knowingly using a false record or statement to avoid or decrease an obligation to pay or transmit money to the federal government.
Common fraudulent actions occur in the form of overbilling, double billing, phantom billing, data falsification, giving or receiving kickbacks, inflated management fees, phantom labor, concealment, bundling, signature fraud/forgery, unapproved billing, and shortening.
Federal Fraud Penalties
There are numerous types of fraudulent offences against the government. Some of the more typical offences include Medicaid Fraud, Tax Fraud, Federal Funding Procurement Fraud, Misappropriation, Noncompliance, and Evasion.
Possible Penalties
- Federal incarceration periods of varied length, depending on the expanse of the fraud
- Fines consisting of multi-million dollar court-mandated restitution
- Litigation and damage payments as restitution
- Loss of Government Funding
- Loss of Government Grants
- Loss of Government Contracts
- Face ‘qui tam’ Lawsuit from Individual Whistle Blowers
Federal Fraud Sentencing
As there as so many different types of fraud possible, with a multitude of variables to consider for every case, the sentencing varies greatly. The fraud could simply be a case of a clerical error, or it could be a scheme to milk billions from the government. Larger cases of federal fraud often include many people. When this is the case, sentencing can be swayed by cooperation from defendants and testimony against others or a corporation committing fraud.
Hiring an Attorney for Federal Fraud Charges
With the complexities involved in federal fraud cases, and the numerous factors in play when it comes to sentencing, it is imperative you consult a seasoned lawyer to navigate you through this legal process. As restitution and ‘qui tam’ (lawsuit settlement for whistle blowers) are also very real government contracts and guidelines are often a nightmare, and in determining guilt and the burden of proof in such complex cases can be a gray area, it is well within your best interest to have seasoned legal counsel.
- If you need help with a Federal Criminal charge, Submit Your Case for a Free Review from a local Criminal Defense Lawyer.
