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False Claims Act Defense

Did you receive a federal letter alleging a False Claims Act violation?

Whether it concerns a PPP or EIDL loan, a federal contract or grant, or Medicare or Medicaid billing — if the Department of Justice, the SBA, or an Inspector General is questioning your certifications under the False Claims Act, talk with a defense attorney before you respond.

A full-service firm established in 1933. Tax controversy and white-collar attorneys serving organizations across the East Coast.

$14,308–$28,619
Civil penalty the government can seek for each false claim
Treble damages, on top of the per-claim penalties
Same day
Confidential case assessments, answered by an attorney
1933
The year Whiteford was established

Does your letter or notice say any of this?

These letters and demands are recognizable. Look for:

If your letter uses this language, you may be dealing with a civil False Claims Act inquiry. It can carry deadlines, and how you respond now may shape the entire matter.

How we help

Respond on deadline

We answer DOJ letters, civil investigative demands, and agency subpoenas within the deadline they set.

Reconstruct the record

The loan, contract, or claims at issue, and the certifications and eligibility rules that applied to you.

Build your defense

Materiality under Universal Health Services v. Escobar, good-faith reliance, and the reasonable basis for the certifications you made.

Resolve and coordinate

Negotiate a resolution and address any related tax, overpayment, or suspension and debarment exposure.

Why Whiteford

Whiteford is a full-service firm established in 1933. Our tax controversy, white-collar, government-contracts, and healthcare attorneys defend organizations and individuals in SBA, IRS, Department of Justice, and Inspector General matters across the East Coast. We handle the government while you keep running your organization.

How it works

1

Consultation

Tell us about the letter or demand you received.

2

Assessment

We review the loan, contract, or claims at issue and the rules that applied to you.

3

Response

We manage the communication with the government and pursue a resolution.

A few quick answers

What is a civil investigative demand (CID)?

A CID is a formal government demand for documents, written answers, or testimony during a civil investigation. It carries a compliance deadline and is often the first formal step in a False Claims Act matter.

Is this criminal?

Usually civil, though civil and criminal reviews can sometimes run in parallel. Which posture your matter is in is one of the first things an attorney will help you understand.

What does “materiality” mean here?

Under the Supreme Court's Escobar decision, an alleged violation must be material to the government's payment decision. Whether a claimed non-compliance actually mattered to payment is often central to the defense.

An employee filed a whistleblower complaint. What now?

Many False Claims Act cases begin as sealed qui tam complaints filed by an insider. Counsel can help you respond to the government's investigation and manage the related employment and retaliation issues.

How long do I have to respond?

Your letter or civil investigative demand states a deadline. Do not miss it, and do not respond before you have spoken with counsel.

Should we just return the money or respond on our own?

Not before you have counsel. Returning funds or volunteering explanations can affect your position. Let an attorney assess the situation and manage contact with the government first.

What are the penalties?

Civil False Claims Act liability can include up to three times the government's damages, plus a civil penalty of $14,308 to $28,619 for each false claim. These matters are most often resolved on more favorable terms at the earliest stage.

Where we practice

Washington
DC
1800 M Street NW, Suite 450N
Washington, DC 20036
Baltimore
MD
7 Saint Paul Street
Baltimore, MD 21202-1636
Charlotte
NC
Two Morrocroft Centre
4064 Colony Road, Suite 315
Charlotte, NC 28211
Columbia
MD
8830 Stanford Boulevard, Suite 400
Columbia, MD 21045
Denver
CO
2128 West 32nd Avenue, Suite 200
Denver, CO 80211
Eastern Shore
MD / DE
Bethany Beach
Ocean City
Rehoboth Beach
Fairfield
NJ
375 Passaic Avenue, Suite 100
Fairfield, NJ 07004
Falls Church
VA
3190 Fairview Park Drive, Suite 800
Falls Church, VA 22042-4510
Lexington
KY
250 West Main Street, Suite 1800
Lexington, KY 40507
New York City
NY
444 Madison Avenue, 4th Floor
New York, NY 10022
Richmond
VA
Two James Center
1021 E. Cary Street, Suite 2001
Richmond, VA 23219
Roanoke
VA
10 S. Jefferson Street, Suite 1110
Roanoke, VA 24011
Towson
MD
Towson Commons, Suite 300
One West Pennsylvania Avenue
Towson, MD 21204-5025
Virginia Beach
VA
249 Central Park Avenue, Suite 300-91
Virginia Beach, VA 23462
West Palm Beach
FL
222 Lakeview Avenue, Suite 1550
West Palm Beach, FL 33401
White Plains
NY
1025 Westchester Avenue, Suite 106
White Plains, NY 10604
Wilmington
DE
600 North King Street, Suite 300
Wilmington, DE 19801
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