18 U.S.C. § 287 – False, Fictitious or Fraudulent Claims
18 U.S.C. § 287 makes it a federal crime to knowingly submit a false, fictitious, or fraudulent claim to the United States government or any of its departments or agencies.
Federal false claims prosecutions often involve Medicare billing fraud, Medicaid reimbursement schemes, tax refund fraud, inflated government contract invoices, and other attempts to obtain money from the federal government through deception.
If you are under investigation or have been charged under 18 U.S.C. § 287, you face serious penalties, including federal prison, restitution, and substantial fines. Early legal intervention is critical.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.
What Is a False Claim Under 18 U.S.C. § 287?
A false claim is a demand for money or property made to the United States government that is knowingly untrue, misleading, or fraudulent.
Examples include:
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Billing Medicare or Medicaid for services not provided
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Submitting inflated invoices under a government contract
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Claiming reimbursement for fabricated expenses
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Seeking payment based on falsified documentation
The claim must relate to money or property owed by the government. Simply making a false statement is not enough. There must be an actual claim for payment.
What Must the Government Prove?
To convict under 18 U.S.C. § 287, federal prosecutors must prove beyond a reasonable doubt:
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The defendant made or presented a claim to the United States or a federal agency
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The claim was false, fictitious, or fraudulent
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The defendant knew the claim was false
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The defendant acted with the intent to defraud
Intent is the key element.
The government must show that the defendant knowingly attempted to deceive the government to obtain payment to which they were not entitled.
What Does the Statute Say?
18 U.S.C. § 287 provides that anyone who knowingly makes or presents a false claim to the United States or any department or agency thereof may be:
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Imprisoned for up to five years
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Fined as provided by federal law
The statute applies broadly to individuals, contractors, and businesses dealing directly or indirectly with federal funds.
How Is Section 287 Different From the False Claims Act?
18 U.S.C. § 287 is a criminal statute.
The federal False Claims Act is primarily a civil statute that allows the government and whistleblowers to seek civil penalties and treble damages.
While civil False Claims Act cases often proceed separately, criminal charges under Section 287 may arise from the same alleged conduct.
Conspiracy to Submit False Claims
Under 18 U.S.C. § 286, it is also a crime to conspire to submit false claims to the government.
Notably:
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The government does not need to prove that the false claim was actually paid
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An agreement between two or more people is sufficient
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The maximum penalty for conspiracy is up to ten years in federal prison
Attempted false claims can also result in criminal liability.
Common Federal False Claims Cases
Section 287 prosecutions frequently involve:
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Government contracting fraud
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COVID-19 relief fraud
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Tax refund fraud
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Defense procurement fraud
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Veterans benefits fraud
Federal agencies and prosecutors devote substantial resources to investigating suspected fraud against the government.
Sentencing and Penalties Under 18 U.S.C. § 287
If convicted, penalties may include:
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Up to five years in federal prison per count
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Fines up to $250,000 for individuals
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Fines up to $500,000 for organizations
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Full restitution to the United States
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Asset forfeiture
Under the Federal Sentencing Guidelines, the advisory sentence is largely driven by the loss amount.
Importantly, intended loss — not just actual loss — is used in sentencing calculations. Even if the government never paid the claim, the full requested amount may count toward sentencing enhancements.
Defenses to Federal False Claims Charges
A federal criminal defense attorney may pursue several possible defenses depending on the circumstances.
Lack of Intent
If the defendant made a good faith mistake, misunderstood billing procedures, or relied on inaccurate information, criminal intent may be lacking.
Good Faith Contract Dispute
Disputes over contract terms, billing interpretation, or pricing disagreements may not constitute fraud.
No False Claim
The prosecution must prove there was an actual claim for payment, not merely inaccurate paperwork.
Insufficient Evidence
The government must prove every element beyond a reasonable doubt.
Statute of Limitations
In most cases, federal false claims charges must be brought within five years.
Each case requires a careful review of documentation, billing records, internal communications, and contract terms.
Frequently Asked Questions About 18 U.S.C. § 287
Is submitting a false form always a crime?
No. There must be an actual claim for money or property made to the government.
What if the government never paid the claim?
You can still be prosecuted. Sentencing may consider the full intended loss amount.
Can businesses be charged?
Yes. Corporations and organizations can face criminal liability and significant fines.
What if the error was accidental?
Good faith mistakes or negligence may not satisfy the intent requirement.
Can charges be resolved before indictment?
In some cases, early intervention by defense counsel may lead to negotiated resolutions before formal charges are filed.
Speak With a Federal Criminal Defense Attorney
False claims charges under 18 U.S.C. § 287 carry serious consequences and often involve complex financial evidence.
If you or a family member is under investigation or has been indicted for submitting false, fictitious, or fraudulent claims to the federal government, you should seek experienced federal defense counsel immediately.
The Hedding Law Firm represents clients nationwide in complex federal fraud and white-collar criminal cases. The firm is located in Los Angeles.
For a confidential consultation to discuss your case and defense options, contact us.
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