False Claims lawyer Prince George County, VA
You run a defense contracting firm in Prince George County, Virginia. For months, you believed your invoices to the Department of Defense were accurate. Then a federal agent left a business card at your door. You learned that a former employee had filed a qui tam lawsuit alleging you submitted false claims for payment. The U.S. Attorney’s Office for the Eastern District of Virginia has opened a criminal investigation under 18 U.S.C. § 287. Suddenly, you face questions about every contract, every invoice, and every compliance record. In the Richmond Division of the Eastern District of Virginia, these investigations can escalate quickly. A federal false claims conviction can mean years in prison and financial penalties. At Law Offices Of SRIS, P.C., we represent individuals and businesses facing false claims allegations in Prince George County, Hopewell, and across Virginia. Our experienced federal defense team can help you understand your rights and build a defense. Call (888) 437-7747 today. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Defense Strategies in Federal False Claims Cases
When the government accuses a person or company of submitting false claims, the prosecution must prove several elements beyond a reasonable doubt: that the claim was made, that it was false or fraudulent, that the defendant knew it was false, and that the claim was material to the government’s payment decision. A strong federal defense challenges each of these elements. Intent is often the central battleground. Many billing disputes arise from ambiguous regulations or good-faith contractual interpretations. Mr. Sris and his Of Counsel examine the underlying contracts, agency guidance, and the defendant’s communication with the government to show benign explanations for the challenged claims. Early in the investigation, we may contact the U.S. Attorney to present a detailed compliance narrative before an indictment is returned. In some cases, a presentation to the grand jury can avert charges. Where charges are filed, we challenge the admissibility of evidence, the scope of the investigation, and the credibility of cooperating witnesses. A successful defense may show that the defendant acted in reliance on a government interpretation or that the alleged overbilling was actually a permissible cost—thereby negating the mens rea requirement.
Civil false claims risk under the federal False Claims Act (31 U.S.C. § 3729) often proceeds in parallel. A qui tam relator may have filed a sealed complaint that the government later joins. Defending the criminal side while coordinating with civil qui tam counsel is essential to avoid statements that expose the client to treble damages and per-claim civil penalties. Mr. Sris and his Of Counsel can help coordinate that defense, drawing on years of federal litigation experience.
What to Expect in a Federal False Claims Investigation
A federal false claims case typically begins with an investigation by a federal agency—often the FBI, the DCIS (Defense Criminal Investigative Service), or a specific agency’s Office of Inspector General. Investigators may execute search warrants at business premises and issue subpoenas for financial records, emails, and contract files. Early on, you may receive a target letter or a subject letter. If you receive either, it is important to retain counsel immediately. The U.S. Attorney will present evidence to a grand jury in the Eastern District of Virginia. Grand jury proceedings are secret, and the target does not have the right to be present or to cross-examine witnesses. The grand jury may return an indictment. After an indictment, the case proceeds to the Richmond federal courthouse for an initial appearance, detention hearing, and arraignment. Discovery then begins under the Federal Rules of Criminal Procedure, including production of the government’s evidence and any Brady material. Pretrial motions may challenge the indictment, suppress evidence, or seek a bill of particulars. If the case does not resolve through a plea agreement, trial follows before a district judge. Post-trial, if convicted, the matter moves to sentencing under the United States Sentencing Guidelines.
Penalties for a Federal False Claims Conviction
A conviction under 18 U.S.C. § 287 for making a false claim to a government agency carries a maximum of five years of imprisonment per count, plus a fine as set forth in the statute for an individual or corporation, or an amount based on gain or loss. Supervised release, restitution, and asset forfeiture may also apply. When multiple counts are charged—for example, one count for each invoice—the potential aggregate sentence can be substantial. A federal felony conviction can also trigger collateral consequences: debarment from federal contracting, loss of security clearance, and professional license repercussions. Civil penalties under the False Claims Act (31 U.S.C. § 3729) include a mandatory penalty per false claim (adjusted periodically for inflation) and treble damages. The combined exposure from criminal charges and civil liability makes a false claims allegation one of the most serious business-defense matters. Timely and experienced legal counsel can help navigate both tracks.
Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. A former prosecutor, he brings insight into how federal investigations are built. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience spans criminal defense, federal litigation, and multi-jurisdictional practice. Mr. Sris is joined by Of Counsel attorneys who concentrate their practices in federal criminal defense, several of whom have substantial experience in the Eastern District of Virginia. Together, they prepare each case with an attention to detail that comes from years of handling federal matters. The team works to protect your rights through every stage—from the initial investigation through trial and appeal.
Our Richmond location serves Prince George County, Hopewell, and surrounding communities. We are available by appointment and can arrange in-person meetings at our Richmond location. Because we accept only a limited number of federal cases, Mr. Sris and his Of Counsel can devote focused attention to your defense.
Frequently Asked Questions
What is the federal False Claims Act?
The federal False Claims Act (FCA), codified at 31 U.S.C. §§ 3729–3733, imposes civil liability on persons and companies who knowingly submit false claims for payment to the government. The FCA allows the government to recover treble damages and civil penalties per false claim. The FCA also permits private individuals, known as relators, to bring qui tam lawsuits on behalf of the government and share in any recovery. While the civil side is the most visible, parallel criminal charges under 18 U.S.C. § 287 can be brought for the same underlying conduct.
Can I be prosecuted for an honest billing mistake?
Criminal liability under the False Claims Act requires proof of an intentional or knowing submission of a false claim. A simple billing mistake, such as a clerical error or a good-faith misunderstanding of a contract’s pricing terms, generally does not meet the “knowingly” standard required for a felony conviction. However, the line between mistake and fraud can be blurry in complex government contracts. Prosecutors often look for evidence of intent such as altered documents, suspicious emails, or a pattern of overbilling. An experienced federal defense attorney can work to show that the disputed claims resulted from ordinary business error rather than criminal intent.
What should I do if federal agents contact me about false claims?
If an agent from the FBI, DCIS, or another federal agency contacts you, you should politely decline to answer questions without an attorney present. You have the right to remain silent and the right to counsel. Do not attempt to explain the situation on your own—even innocent statements can be misconstrued or used against you later. Contact a federal defense attorney immediately. The earlier you involve counsel, the better your chances of containing the investigation and avoiding charges.
How does a qui tam lawsuit relate to criminal false claims?
A qui tam lawsuit is a civil action filed by a private relator under the FCA. The complaint is initially filed under seal while the government investigates. If the government intervenes, it takes over the case and may seek civil penalties. Separately, the government can open a criminal investigation based on the same facts. Often, a target learns of the investigation only after a search warrant or a target letter arrives. Because the two tracks—civil and criminal—proceed independently, it is critical to have a defense team that can coordinate both aspects and protect the client from making statements in the civil case that could be admitted in a criminal prosecution.
What defenses are available in federal false claims cases?
Several defenses may apply. A lack of intent—showing that the defendant acted in good faith or made a mistake—is a common trial strategy. The defendant may also argue that the claim was not false because it complied with the terms of the contract or that the government knew about the billing practice and paid anyway. Materiality challenges can be raised: the government must prove the falsehood was central to its payment decision. Finally, in civil FCA cases, the public-disclosure bar and the original-source exception may limit qui tam actions. Each case is fact-specific, and an experienced attorney can evaluate which defenses are most viable.
How long does a federal false claims investigation take?
Federal investigations into false claims can be lengthy because agents must review thousands of documents, interview witnesses, and coordinate with agency counsel. It is not unusual for an investigation to take several years before an indictment is returned. The Speedy Trial Act requires that trial begin within 70 days of indictment, but that clock can be extended for good cause, complex prosecutions, and pretrial motions. While the timeline is unpredictable, early retention of counsel can help move things along by presenting the government with exculpatory evidence that narrows the investigation or even persuades the U.S. Attorney to decline the case.
Do I need a lawyer if I am under investigation but not yet charged?
Yes. The pre-charge stage is often the most critical phase of a federal false claims case. An attorney can accept service of subpoenas, communicate with the government on your behalf, and guide you through the process of preserving evidence and documents. An attorney can also attempt to persuade the prosecutor not to bring charges. Individuals and companies who retain counsel at the first sign of an investigation have a much better chance of avoiding an indictment altogether. Waiting until after charges are filed limits your legal options.
What role does the Eastern District of Virginia play in federal false claims prosecutions?
The Eastern District of Virginia (EDVA) is one of the most active federal districts in the country, known for its Rocket Docket and active prosecution of white‑collar cases. The Richmond Division, located at 701 East Broad Street, serves Prince George County and the surrounding area. Federal false claims cases brought here move quickly, and the judges are experienced in complex fraud trials. Having counsel familiar with the local rules, the U.S. Attorney’s Office, and the expectations of the EDVA bench can be an important advantage. Law Offices Of SRIS, P.C. Regularly appears in federal court in Richmond and is well-acquainted with the district’s procedures.
Request a Consultation
If you are facing a federal false claims investigation or charge in Prince George County or anywhere in the Eastern District of Virginia, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Our Richmond location serves clients by appointment. We are available to discuss your situation and explain how Mr. Sris and his Of Counsel can assist with a defense strategy. Calling early can make a difference.
For a comprehensive overview of federal criminal defense, visit our Virginia Federal Criminal Defense Lawyer page.
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