Government Fraud
Fraud against the government or a government agency is defined as the
federal offense of government fraud. This may be in conjunction with a scheme involving
tax fraud, government contracts, medicare fraud, federally-regulated goods, government billing and more. For example, overstating a claim for payment on a government contract or misusing government funds would be considered government fraud.
To secure a conviction for this crime, the prosecution must prove that the defendant had the actual intention of defrauding the government - that it was not simply a bookkeeping error or mismanagement of some sort.
Types of Government Fraud
- Contractor Fraud - A company that is working under a government contract may face contractor fraud charges for billing for incomplete work, overbilling for services or supplies or issuing kickbacks, illegal payments or bribes.
- False Claims - Presenting a false claim or making false statements in an attempt to defraud the government is a type of government fraud. For example, an individual may file a false Social Security claim. This act may be penalized by imprisonment and restitution totaling three times the amount of money fraudulently obtained. Civil fines may also be enforced.
- Medicare/Medicaid Fraud - Medicare and Medicaid fraud may occur when a healthcare provider overbills, bills for procedures that were never performed, performs unnecessary procedures or otherwise defrauds the government.
Government fraud cases are taken very seriously, and the highest penalties are generally pursued against a defendant. In many cases, the defendant will face both criminal and civil charges. If convicted in criminal court, the defendant may face imprisonment, fines and other criminal penalties. In civil court, the penalties are financial in nature. The defendant may be held accountable for all economic and even non-economic losses that the victim or victims allegedly sustained.
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