False Claims lawyer Maryland, MD
You run a mid-size healthcare practice in Montgomery County. For years you’ve billed Medicare and Medicaid without issue. Then one morning a letter arrives from the U.S. Attorney’s Office for the District of Maryland — a civil investigative demand asking for billing records, patient files, and correspondence going back five years. A former employee has filed a qui tam complaint under the federal False Claims Act. Agents from the FBI, the HHS Office of Inspector General, or the DCIS may already be building a criminal referral. What you do in the next twenty‑four hours can shape whether this becomes a negotiation about repayment or an indictment in the U.S. District Court for the District of Maryland. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The federal False Claims Act, 31 U.S.C. § 3729, imposes civil liability for knowingly submitting false claims for government payment. Criminal charges are brought under 18 U.S.C. § 287, carrying up to five years’ imprisonment per count. Both civil and criminal exposure can arise from the same billing conduct. Mr. Sris and the firm’s Of Counsel attorneys appear in the Baltimore and Greenbelt divisions of the U.S. District Court for the District of Maryland, representing individuals and businesses under investigation for False Claims Act violations. Call (888) 437‑7747 to request a consultation.
Strategy Options When the Government Alleges a False Claim
Federal false claims investigations move on two tracks that often intersect. The civil track — typically a qui tam lawsuit filed by a whistleblower and joined by the Department of Justice — can result in treble damages and per‑claim penalties. The criminal track, investigated by agencies such as the FBI, IRS‑CI, or HHS‑OIG, may lead to an indictment under 18 U.S.C. § 287. Mr. Sris and the firm’s Of Counsel attorneys assess both exposures simultaneously because early statements made in a civil case can be used against you in a criminal prosecution.
Options range from cooperating with the government in exchange for a reduced damages multiplier, to challenging the materiality and scienter elements of the government’s claims in court. The Supreme Court’s decision in Universal Health Services, Inc. V. United States ex rel. Escobar (2016) made clear that the government must show the alleged false claim was material to the payment decision — a standard that provides a viable defense in many Maryland‑based federal cases. Deciding whether to negotiate or litigate depends on the strength of the evidence, the volume of claims at issue, and the agencies involved.
What to Expect in a Federal False Claims Proceeding in Maryland
When the U.S. Attorney’s Office in Baltimore or Greenbelt opens a false claims inquiry, the process typically begins with a subpoena or civil investigative demand. You may not yet be named as a defendant; you may be listed as a “person of interest.” If the agency believes a crime has occurred, the matter will be presented to a federal grand jury. Grand jury proceedings are secret, and you may not know you are a target until an indictment is returned.
If the case proceeds criminally, you will be arraigned before a U.S. Magistrate Judge, and the government will seek conditions of release — which in fraud cases often include surrender of passports, travel restrictions, and financial reporting obligations. Your counsel’s immediate role is to argue for the least restrictive conditions, to begin reviewing discovery (which in healthcare fraud cases can run to hundreds of thousands of pages), and to evaluate whether the government has met its burden on each element of the offense.
Penalties and Consequences of a False Claims Conviction
A conviction under the criminal false claims statute, 18 U.S.C. § 287, exposes a defendant to up to five years in federal prison per count, plus fines, restitution, and a term of supervised release. There is no parole in the federal system. The financial penalties alone can be staggering: the government may seek restitution equal to the amount it overpaid, and in the civil context, treble damages and civil penalties of up to $25,000 per false claim under 31 U.S.C. § 3729 are well‑documented. A conviction also can trigger exclusion from federal health‑care programs, debarment from government contracting, and professional‑license repercussions.
Those who face only civil liability still risk devastating monetary judgments and the reputational damage that comes with a public False Claims Act settlement. The decision to litigate or resolve a case short of trial requires a careful weighing of the sentencing guidelines, the government’s evidence, and the impact on your business and livelihood.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced federal criminal law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. As a former prosecutor, Mr. Sris understands how federal investigators build false claims cases and where those cases are vulnerable. He personally leads the defense strategy in complex federal matters.
The firm’s Of Counsel attorneys bring experience in federal court practice, healthcare fraud investigations, and white‑collar defense. Together, Mr. Sris and the firm’s Of Counsel attorneys appear at U.S. District Court in Maryland, challenging the government’s evidence at every stage — from the civil investigative demand through trial, if necessary. To schedule a consultation, call (888) 437‑7747.
Frequently Asked Questions
What should I do if I receive a civil investigative demand related to false claims in Maryland?
Contact an experienced federal defense attorney immediately. Do not ignore the demand or attempt to produce documents without legal guidance. The government may be evaluating both civil and criminal exposure. Your response must be timely and complete, but it also must be crafted to avoid inadvertently waiving privileges or making statements that could be used against you later.
Can a false claims case against me be dismissed before trial?
Yes, a false claims case can be dismissed at several stages. A motion to dismiss can challenge the legal sufficiency of the complaint or indictment — for example, arguing that the alleged false claim was not material to the government’s payment decision. Additionally, the government may voluntarily dismiss a case if the evidence does not support the charges after further investigation. Early engagement of counsel can identify grounds for dismissal before a case proceeds too far.
How does the government prove a criminal false claims violation in Maryland federal court?
The government must prove beyond a reasonable doubt that you knowingly presented a false or fraudulent claim to a federal agency. The element of “knowingly” requires evidence that you acted with actual knowledge, deliberate ignorance, or reckless disregard of the truth. The government often uses billing records, emails, and witness testimony — including cooperating former employees — to establish that the claim was false and that you knew it was false when submitted.
Will I have to go to prison if convicted of a false claims offense?
Prison is a possible outcome, but not an automatic one. The sentencing guidelines consider the amount of loss, your role in the offense, and your acceptance of responsibility. A first‑time offender with a relatively small loss amount may receive a probationary sentence or a shorter term of imprisonment. However, false claims cases often involve significant alleged losses, and the guidelines frequently recommend incarceration. Having counsel who can effectively argue for a downward variance is crucial.
What is the difference between a civil and a criminal false claims case?
A civil case seeks money damages; a criminal case seeks punishment including imprisonment. The civil False Claims Act (31 U.S.C. § 3729) allows the government to recover treble damages and per‑claim penalties for fraudulent claims. A criminal case under 18 U.S.C. § 287, by contrast, requires proof beyond a reasonable doubt and can result in a prison sentence. The same underlying billing conduct can give rise to both civil and criminal liability, and the government may pursue both avenues simultaneously.
Do I need a lawyer if I am only a witness or a person of interest in a false claims investigation?
You should consult with an attorney immediately even if you are told you are only a witness. Witnesses can become targets if the investigation uncovers evidence suggesting their involvement. Anything you say to investigators can be used against you. An attorney can communicate with the government on your behalf, evaluate your potential exposure, and help you decide whether it is safe to cooperate without a formal agreement.
How much does a false claims defense lawyer cost in Maryland?
Legal fees in federal false claims cases vary widely based on complexity and the length of the investigation. Factors include the volume of documents to review, the number of potential witnesses, and whether the case is civil, criminal, or both. Most defense counsel charge an hourly rate or a fixed fee for specific phases of representation. At Law Offices Of SRIS, P.C., we discuss fees during an initial consultation so you can make an informed decision. Call (888) 437‑7747 to schedule a consultation.
What if the false claims allegations involve a former employee who is retaliating against me?
Retaliation by a disgruntled former employee does not automatically defeat a false claims case, but it can provide a strong defense narrative. The government must prove that the claims you submitted were actually false and that you knew they were false. If you can show that the allegations originated from a biased source with a personal motive to harm you, your attorney can use that information to attack the credibility of the whistleblower and to demonstrate that the claims at issue were legitimate.
For a more comprehensive statutory overview of how false claims prosecutions are handled in federal court, see our detailed analysis at srislawyer.com.
Also serving clients in Montgomery County, Prince George’s County, Howard County, and Anne Arundel County. Learn about our False Claims defense in Montgomery County, our work in Prince George’s County, and our representation in Howard County.
Law Offices Of SRIS, P.C.
Rockville Location — 199 E. Montgomery Avenue, Suite 100, Room 211, Rockville, MD 20850
By appointment only. Call (888) 437‑7747 to schedule your consultation.
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