When federal prosecutors pursue fraud charges, one of the statutes they frequently rely on is 18 U.S.C. § 287, also known as the False Claims statute. This law makes it a crime to knowingly present a false, fictitious, or fraudulent claim for payment or approval to any department or agency of the United States.

What Constitutes a False Claim?

A “false claim” can take many forms. Examples include:

• Submitting fraudulent invoices to a federal program.
• Inflating reimbursement requests to Medicare or Medicaid.
• Seeking improper tax refunds.
• Billing the government for services never provided.

Importantly, the statute applies to any federal agency, meaning contractors, medical providers, and private citizens can all be targeted under this law.

To secure a conviction, prosecutors must show that the defendant:

• Submitted a claim to a federal agency.
• Knew the claim was false, fictitious, or fraudulent.
• Acted with the intent to deceive the government.

Interestingly, the statute does not require proof that the government actually suffered a financial loss, only that a false claim was made.

Penalties for Violations of 18 USC 287

Under 18 U.S.C. § 287, penalties can include up to five years in federal prison, heavy fines, and restitution. In some cases, defendants may also face civil liability under the False Claims Act, leading to increased damages and additional penalties.

These cases often hinge on the government's ability to prove intent. A strong defense may focus on whether the alleged misrepresentation was truly intentional or simply a mistake, misunderstanding, or administrative error. Defense strategies may also involve challenging the credibility of witnesses, the accuracy of financial records, and the legality of investigative methods.

How Sigal Law Group Can Help

At Sigal Law Group, we have extensive experience in federal fraud cases, including false claims prosecutions. If you or your business is under investigation, it is critical to act quickly. We will fight aggressively to safeguard our clients' rights, protect their reputations, and achieve the best possible outcome for their case.

Contact our offices today for a free consultation.