Federal False Claims & Major Fraud Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

The Four Charges and Their Elements

False claim against the United States, 18 U.S.C. § 287 (Pattern Instr. O11.2, Elements). The Government must prove you knowingly presented a false claim against the United States to a federal agency; the claim was based on a false or fraudulent material fact; and you acted intentionally, knowing the claim was false and fraudulent. The agency need not have been fooled, and a claim sent to a third party, knowing it would be passed on to the government, can count. Penalty: up to 5 years.

Conspiracy to defraud the government with respect to claims, § 286 (O11.1, Elements). Two or more people agreed on a shared, unlawful plan; you knew its unlawful purpose and willfully joined; and the plan was to defraud the government by getting payment of a claim based on a false or fraudulent material fact. Unlike the general conspiracy law, § 286's text does not mention an overt act. Penalty: up to 10 years.

False declaration or certification to Veterans Affairs, § 289 (O12, Elements). You knowingly presented a false or fraudulent declaration or certificate to the VA; it related to a material fact; and you acted willfully, knowing it was false. Penalty: up to 5 years.

Major fraud against the United States, § 1031 (O43, Elements). You knowingly used or tried to use a scheme to defraud the United States, or to get money or property through materially false or fraudulent pretenses, representations, or promises; it happened as part of acquiring property, services, or money as a contractor, subcontractor, or supplier on a federal contract; and the contract or subcontract was worth $1,000,000 or more. The statute itself also reaches federal grants, subsidies, loans, guarantees, insurance, and other assistance of that size.

Major fraud penalties: up to 10 years and a fine of up to $1,000,000, which can reach $5,000,000 if the gross loss to the government or gross gain to the defendant is $500,000 or more, or the offense involved a conscious or reckless risk of serious personal injury. Total fines in one prosecution are capped at $10,000,000. The charge can be brought up to 7 years after the offense.

For §§ 286, 287 and 289, the fine is set by federal law: up to $250,000 for an individual, or up to twice the gross gain or loss.

What "Material" Means

Under the §§ 286, 287 and 289 instructions, a fact is material if it is important, not a trivial detail, and has a natural tendency to influence, or is capable of influencing, the agency's decision. The major-fraud instruction calls a fact material if a reasonable person would use it in deciding whether to act.

Defense Themes

• Knowledge and intent. Billing mistakes, unclear rules, and honest disagreements about what a contract or regulation requires are not crimes.
• Materiality. Was the claimed falsehood capable of influencing the payment decision, or a trivial detail?
• Contract value for § 1031, and whether the program qualifies.
• The agreement in conspiracy counts. Working at the same company is not joining a plan.

Related charges: Health Care Fraud, PPP and EIDL Loan Fraud, Theft of Government Money, and False Statements to a Federal Agency.

What to Do First

1. Don't talk to agents or auditors about the claims without a lawyer.
2. Preserve records; don't change or delete anything.
3. Watch for parallel civil cases. A civil False Claims Act case can run alongside the criminal one. See White Collar Crimes.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

The agency never paid the claim. Can I still be charged?

Yes. For a § 287 false claim, the Government does not have to show the agency was deceived or paid.

Is a billing mistake a federal crime?

No. The Government must prove you knew the claim was false and acted intentionally.

What makes it "major fraud"?

A scheme tied to a federal contract, subcontract, or assistance program worth $1,000,000 or more.