False Claims Act

At Almonte Law, we offer sophisticated, high-stakes False Claims Act defense for businesses, executives, health care providers, and government contractors facing civil or criminal liability under federal fraud statutes.

As a former federal prosecutor Robert Almonte has experiences with false claims act cases at the highest level, attorney Almonte brings unique insight and unmatched experience to every defense strategy. We represent clients in San Antonio and throughout Texas in federal investigations, qui tam litigation, and enforcement actions initiated by the Department of Justice (DOJ), U.S. Attorneys’ Offices, and HHS-OIG.

What Triggers a False Claims Act Investigation?

False Claims Act cases are often triggered by:

• Whistleblower (qui tam) lawsuits from former employees, contractors, or competitors
• DOJ civil investigative demands (CIDs)
• Parallel criminal investigations
• Health care audits and data-mining by CMS, MACs, or ZPICs
• Referrals from agencies like HHS-OIG, SBA, or DOD

If you’ve received a subpoena, target letter, or notification that a qui tam lawsuit has been filed under seal, it’s critical to retain experienced counsel immediately.

Industries We Defend in FCA Cases

We represent clients in False Claims Act investigations and litigation across multiple sectors:

• Health care (Medicare/Medicaid providers, pharmacies, labs, hospitals, DME suppliers)
• Defense and aerospace contractors
• Construction and infrastructure firms
• Education and research institutions (grants, SBIR/STTR fraud)
• Telehealth and telemedicine companies
• Financial institutions receiving COVID-19 relief funds (PPP, EIDL)

Our False Claims Act Defense Strategy

Our approach is proactive, discreet, and aggressive. We:

• Challenge scienter (intent) and materiality—two essential elements under the FCA
• Attack whistleblower credibility and standing
• Conduct internal investigations to assess risk early
• Negotiate with Main Justice, Civil Fraud Section, and U.S. Attorneys’ Offices
• Avoid government intervention or limit case exposure pre-filing
• Use former government experience to position your case for dismissal, non-intervention, or resolution without liability

Frequently Asked Questions (FAQ)

✅ Is the False Claims Act civil or criminal?

The False Claims Act is a civil statute, but related conduct often triggers parallel criminal investigations under 18 U.S.C. § 1347 (health care fraud), § 1001 (false statements), or § 371 (conspiracy). Almonte Law is experienced in defending both civil and criminal FCA matters.

✅ What is a qui tam lawsuit?

A qui tam action allows a private whistleblower (relator) to file suit on behalf of the government. If DOJ intervenes and recovers funds, the whistleblower may receive 15%–30% of the recovery. We aggressively defend these cases to avoid liability, limit exposure, or get them dismissed.

✅ What are the penalties under the False Claims Act?

FCA penalties can include:

• Treble damages (3x the government’s losses)
• Civil penalties per claim ($13,508–$27,018 as of 2025)
• Exclusion from Medicare/Medicaid
• Criminal indictment in severe cases