Facing a Felony Under § 609.455? A Minnesota Lawyer Explains the High Stakes.
Your career has been built on a foundation of public trust. As a public officer or employee, you hold a position of responsibility, managing taxpayer money and ensuring the government runs honestly. The thought of being accused of betraying that trust was unimaginable. Yet, here you are, facing a devastating allegation: Permitting False Claims Against the Government. This isn’t a minor infraction or a simple mistake—it’s a felony charge that threatens to destroy everything you have worked for. Your freedom, your financial future, your reputation, and the career you meticulously built are all hanging in the balance.
You may be reeling, trying to understand how this happened. Perhaps you were pressured by a superior to approve an invoice that didn’t feel right. Maybe you were deceived by a sophisticated vendor who submitted fraudulent documents that looked legitimate, or you simply missed a red flag while buried under a mountain of paperwork and tight deadlines. The line between a clerical error and a criminal act can seem razor-thin, but a prosecutor is now attempting to portray you as a criminal who knowingly defrauded the government.
This is the fight of your life, and you cannot afford to face it alone. As a Minnesota criminal defense attorney who has defended public employees across the state—from the government centers of Hennepin and Ramsey Counties to the municipal offices in Rochester, Duluth, St. Cloud, and Eagan—I have seen how good people get caught in these terrible situations. I understand the immense pressure you are under. My purpose is to stand between you and the power of the state, to challenge the prosecution’s narrative, and to build the aggressive, intelligent defense you need to protect your liberty and your name.
More Than a Paperwork Error: What This Felony Charge Actually Means
Being charged under Minnesota Statute § 609.455 means the government is accusing you of something far more serious than a simple mistake. In plain English, you are alleged to have used your official position to knowingly audit, allow, or pay a claim or demand on a government entity that you knew was false or fraudulent. This is a crime of knowledge and intent. The state isn’t just saying an error occurred; they are saying you were aware of the fraud and willfully approved it, betraying your duty as a gatekeeper of public funds.
The core of the accusation lies in your specific actions—the “auditing, allowing, or paying” of a claim. This could involve signing off on an inflated invoice from a contractor in Minneapolis, processing a payment for services that were never actually rendered for a project in Plymouth, or giving the final approval for a fraudulent expense report within a state agency in St. Paul. A Minnesota false claims charge is a direct attack on your integrity, and facing such a government fraud accusation requires a defense that is equally direct and forceful. Understanding the gravity of the charge is the first step toward fighting it effectively.
The Law You’re Accused of Breaking: Minnesota Statute § 609.455
The entire case against you is built upon a single, powerful felony statute. To defend yourself, you must first understand the precise language the prosecutor will use to try and convict you. The law that defines this serious offense is Minnesota Statute § 609.455. You deserve to see exactly what it says.
609.455 PERMITTING FALSE CLAIMS AGAINST GOVERNMENT.
A public officer or employee who audits, allows, or pays any claim or demand made upon the state or subdivision thereof or other governmental instrumentality within the state which the public officer or employee knows is false or fraudulent in whole or in part, may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Anatomy of a Prosecution: The Elements the State Must Prove
To secure a felony conviction, a prosecutor can’t rely on suspicion or speculation. They carry the heavy burden of proving every single component of that statute beyond a reasonable doubt. My job is to dissect their case and attack its weakest points. Each of these legal elements is a hurdle the state must clear, and each one is an opportunity for a powerful defense.
- Public Officer or EmployeeThis initial element defines who can be charged. It covers a vast range of individuals on the public payroll, including county auditors, city finance clerks, state agency department heads, and anyone entrusted with the authority to approve financial claims against the government in Minnesota. The prosecutor must first firmly establish your status and show that your actions were directly tied to your official, tax-payer-funded role.
- Audits, Allows, or Pays a ClaimThis is the action-based element of the crime. The state must prove you took a specific, affirmative step to approve a fraudulent claim. “Auditing” means reviewing the claim for accuracy. “Allowing” means giving it your official sanction or approval. “Paying” means authorizing the disbursement of funds. Simply being aware of a bad invoice is not enough; the state must prove you took one of these concrete actions to move it forward.
- Upon the State or a SubdivisionThis clarifies that the victim must be a government entity. This includes the State of Minnesota itself, any county (like Hennepin or Ramsey), any city (like Bloomington or Duluth), any township, a school district, or any other government-funded body within the state. The claim must be made upon the public treasury in some form.
- Knowledge of FalsityThis is the most critical element and the heart of most defenses. The prosecutor must prove that you knew the claim was false or fraudulent. It is not enough to show that you should have known or were negligent. They must present evidence that demonstrates your actual, conscious awareness of the fraud. An honest mistake, being cleverly deceived, or even incompetence does not meet this high legal standard. Your state of mind is everything.
- False or Fraudulent in Whole or in PartFinally, the state must prove the claim itself was illegitimate. A “false” claim contains untrue information, such as billing for 80 hours of work when only 40 were performed. A “fraudulent” claim is one made with the intent to deceive, like submitting an invoice for materials that were never purchased. The claim doesn’t have to be entirely fabricated; even a partially inflated or false claim can trigger this statute.
The Severe Penalties for a False Claims Conviction in Minnesota
You cannot overstate the life-altering consequences of a conviction under this statute. This is not a misdemeanor that ends with a fine and probation. This is a felony charge that carries the threat of state prison. A conviction will strip you of your civil rights and permanently brand you as a convicted felon, creating a lifetime of obstacles long after any sentence is served.
Felony Sentencing Under § 609.455
If you are convicted of Permitting False Claims Against the Government, you face a potential sentence of up to five years in prison, a fine of up to $10,000, or both. In addition to incarceration and fines, a judge will likely order you to pay restitution to the government for the full amount of the fraudulent claim you allowed. You could also be placed on a lengthy period of probation with strict conditions. The penalties for permitting false claims in Minnesota are designed to be harsh, and you need a defense designed to prevent them.
From the Office to the Courtroom: How These Charges Happen in Minnesota
A felony charge for permitting false claims rarely stems from a clear-cut scheme. More often, it arises from the pressures, complexities, and gray areas of public administration. You might recognize your own difficult situation in these real-world scenarios that unfold in government offices across Minnesota.
The Pressured Department Head in Minneapolis
You manage a department in a large Minneapolis agency. A high-priority project is behind schedule, and a powerful, politically-connected superior is breathing down your neck to get a key contractor paid. The contractor submits an invoice with questionable overtime hours. Your boss tells you, “Just get it paid. We’ll sort it out later.” Fearing for your job if you delay the project, you sign off on the payment. Now, an audit has flagged the payment, your boss claims ignorance, and you are the one holding the bag.
The Deceived County Auditor in Greater Minnesota
You work as an auditor in a smaller Minnesota county, where you know most of the local vendors personally. A long-standing, trusted vendor submits a series of invoices with highly technical line items for a complex road project. The paperwork appears to be in order, and you approve the payments based on years of trust. It is later discovered that the vendor used sophisticated software to create fraudulent supporting documents, billing the county for work that was never done. You were deceived, but the prosecutor argues you should have known.
The Overworked Clerk in a St. Paul Agency
Your desk in a busy St. Paul state agency is piled high with hundreds of invoices that need to be processed by the end of the fiscal week. With the pressure on, your review process becomes more of a rubber stamp. You miss an obvious double-billing from a vendor because you simply didn’t have time to cross-reference it with previous payments. What was a mistake born of an overwhelming workload is now being framed by investigators as a knowing approval of a false claim.
The “Friendly Vendor” in Rochester
In Rochester’s tight-knit community, you’ve developed a friendly, professional relationship with a vendor who has done work for your city department for years. They submit a claim for “emergency repair services” that seems a bit high, but they assure you it’s legitimate due to after-hours work. You take them at their word and allow the claim. Later, it’s revealed there was no emergency and the work was routine. Your trust and professional courtesy have been twisted into criminal complicity.
You Have a Defense: Strategies to Fight a Government Fraud Charge
Being charged with a felony is terrifying. It can feel like the entire weight of the government is crashing down on you. But you must remember this: an accusation is not a conviction. The U.S. and Minnesota Constitutions guarantee you the right to a defense. The burden of proof rests entirely on the prosecutor, and it is a very high burden. My entire focus is on building a powerful, strategic defense designed to dismantle the state’s case against you piece by piece.
A strong defense begins with a deep investigation into the facts. I will meticulously review every document, email, and contract. I will identify the weaknesses in the prosecution’s evidence and find the evidence that supports your innocence. We will work together to build a compelling narrative that shows the judge and jury what really happened. There are numerous ways to fight government fraud charges in Minnesota, and we will find the one that best fits your situation.
Lack of Knowledge
This is the cornerstone defense against a § 609.455 charge. The state cannot win without proving, beyond a reasonable doubt, that you knew the claim was false. We will work to show that you did not possess this criminal knowledge.
- Deceived by a Third Party: We can present evidence showing you were the victim of a sophisticated fraud. Expert witnesses or forensic accountants might be used to demonstrate how cleverly the fraudulent documents were created to deceive a reasonable person.
- Reliance on Others: You approved the claim based on information provided by other trusted individuals—a project manager who certified the work, or an assistant who prepared the payment packet. We can argue your reliance on them was reasonable and that you had no independent knowledge of any fraud.
- No Red Flags: We will demonstrate that, given the information you had at the time, there was no logical reason for you to be suspicious. The claim may have been consistent with past billings or within the expected budget, giving you no cause for a deeper, forensic-level review.
No Intent to Defraud
This defense concedes that an error may have occurred in paying an improper claim, but argues that it was a mistake, not a crime. Your actions were not driven by an intent to help someone defraud the government.
- Clerical Error: The payment was a result of a simple but critical mistake, such as a data entry error, a misread invoice number, or an accounting mix-up. This shows negligence, perhaps, but not the criminal intent required for a felony conviction.
- Misinterpretation of Contract: The payment dispute may stem from a legitimate disagreement over the terms of a complex contract. We can argue that you approved the payment based on a reasonable, good-faith interpretation of the contractual obligations, even if the state now disagrees with that interpretation.
Under Duress or Coercion
This defense asserts that you did not act of your own free will. You knew the claim was false, but you were forced to approve it anyway.
- Threats to Your Employment: We can present evidence that a superior threatened to fire you, demote you, or otherwise destroy your career if you refused to sign off on the payment. This shows you were a victim of coercion, not a willing participant in a crime.
- Intimidation: In some cases, a vendor or other interested party may use intimidation or threats to force an approval. We will gather any evidence of threatening calls, emails, or confrontations to build a defense of duress.
The Claim Was Not Actually False
Sometimes, the government is simply wrong. The most direct defense is to prove that the claim the state alleges was false or fraudulent was, in fact, legitimate.
- Proving the Work Was Done: We can use witness testimony, project logs, photographs, and other evidence to demonstrate that the services or goods were provided exactly as billed.
- Justifying the Costs: We can bring in industry experts to testify that the costs in the claim, while perhaps high, were reasonable and justified under the circumstances (e.g., due to market rates, emergency conditions, or specialized labor requirements).
Answering Your Urgent Questions About Permitting False Claims Charges
Will I definitely go to prison if convicted of this felony?
While a conviction carries a maximum of five years in prison, it is not an automatic sentence. The Minnesota Sentencing Guidelines will play a major role, taking into account the severity of the offense and your criminal history. An effective defense attorney can argue for significant departures from the guidelines, seeking probation or a much lower sentence. My goal is to prevent a conviction entirely, but if that’s not possible, I will fight relentlessly to keep you out of prison.
Can a felony like this be reduced to a lesser charge?
Yes. It is often possible to negotiate with the prosecutor to have a felony charge reduced to a gross misdemeanor or even a misdemeanor. This is a crucial goal, as it can avoid the life-long consequences of being a convicted felon, such as the loss of your right to own a firearm. This is often the result of demonstrating significant weaknesses in the state’s case.
How will this affect my public employee pension?
A felony conviction related to your official duties could lead to the forfeiture of your public pension. This is known as a collateral consequence and can be financially devastating. Protecting your pension is a critical part of a comprehensive defense strategy, and it highlights the immense stakes of your case.
What’s the difference between a “false” and a “fraudulent” claim?
A “false” claim is simply one that is factually untrue. A “fraudulent” claim involves an element of deceit or a scheme to cheat the government. The statute covers both. The state may argue a claim was fraudulent to imply a more sinister motive, but legally, they only need to prove it was false and that you knew it.
What should I do if I am under investigation but haven’t been charged yet?
This is a critical time. You must hire an attorney immediately. Do not speak to investigators, auditors, or law enforcement under any circumstances. Anything you say can be misconstrued and used to build a case against you. An attorney can intervene early, manage all communications, and potentially prevent charges from ever being filed.
Can I be sued civilly in addition to being charged criminally?
Yes. The government can file a separate civil lawsuit against you and the vendor to recover the money. This is another reason why a strong criminal defense is so important, as the outcome of the criminal case can heavily influence any parallel civil proceedings.
Do I really need a lawyer who handles “white-collar” crime in Minneapolis?
Yes. This is not a standard criminal case. It is a document-intensive, “white-collar” crime that requires a specific skill set. You need an attorney who is comfortable dissecting complex financial records, understands government contracting and payment processes, and has the experience to challenge the state’s financial experts.
What if I was just following orders from my boss?
“Following orders” is not a legal defense in itself, but it is a powerful factual argument that goes directly to your lack of criminal intent. It can be used to build a defense of coercion or to show that you did not knowingly participate in a crime, but rather acted under the direction of a superior.
Does it matter if the government didn’t actually lose any money?
Even if the false claim was caught before the money was paid out, you can still be charged. The crime is in the act of “auditing” or “allowing” the claim that you know to be false. The government does not need to prove a financial loss to secure a conviction.
How long will a felony stay on my record in Minnesota?
A felony conviction in Minnesota is a permanent part of your record. While expungement laws exist, they are very difficult to use for serious felonies, and a conviction for a crime of public trust may be impossible to seal. The only way to truly protect your record is to prevent the conviction.
What happens to my right to vote or own a gun with a felony?
If you are convicted of a felony in Minnesota, you will lose your right to vote until you have completed your entire sentence (including any probation). You will also be permanently banned from possessing a firearm or ammunition under both state and federal law.
The amount of the claim was very small. Does that matter?
The statute does not list a minimum dollar amount. However, the amount of the alleged fraud can have a huge impact on how the case is handled. A very small amount gives your attorney significant leverage to argue for a dismissal or a reduction in charges, as a prosecutor may be reluctant to spend significant resources on a minor case.
What if I’m the one who discovered the fraud and reported it?
If you discovered and reported the fraud, it is a powerful fact in your favor. It demonstrates that you had no intent to allow a false claim and that you acted consistently with your duties as a public servant. However, you still need a lawyer to ensure the investigators don’t try to turn your initial involvement into a criminal accusation.
Will my coworkers be called to testify against me?
It is very likely. The prosecution will interview and potentially call as witnesses anyone involved in the payment approval process. It is vital that your attorney has a chance to interview these individuals as well to understand what they might say and to find testimony that is helpful to your defense.
Is it possible to get into a diversion program for a charge like this?
For some first-time, non-violent felony offenses, diversion programs may be available. These programs typically require you to remain law-abiding and fulfill certain conditions, and upon successful completion, the charges are dismissed. Gaining admission to such a program for a public trust crime is challenging but can be a key goal of a skilled defense attorney.
The Lifelong Impact: More Than Just a Conviction
The sentence handed down by the judge is only one part of the punishment. A felony conviction for permitting a false claim carries with it a lifetime of collateral consequences that will fundamentally alter your future. This is what the prosecution doesn’t talk about, but it is a reality you must fight to avoid.
The End of Your Public Service Career
A conviction for a crime of public trust is an automatic disqualifier for future government employment. It is, in effect, a lifetime ban from the career you chose. The trust that is the bedrock of public service will be considered shattered, and you will find it nearly impossible to ever again work for the state, a county, or a city in Minnesota or elsewhere.
Becoming a Convicted Felon
This label will follow you everywhere. As a convicted felon, you will lose fundamental civil rights, including the right to vote while under sentence and the right to own a firearm forever. You will have to disclose your felony status on job applications, housing applications, and loan applications, creating immense hurdles to rebuilding your life. This stigma is a heavy burden that affects not just you, but your entire family.
Financial Ruin and Professional Fallout
Beyond the fines and potential restitution that can lead to bankruptcy, the professional fallout is catastrophic. Finding any sort of meaningful employment in the private sector becomes incredibly difficult. Many companies will not hire a convicted felon, especially for any position involving finances, management, or trust. You could face a future of underemployment and financial instability.
Erosion of Trust and Community Standing
Your reputation is one of your most valuable assets, and a public conviction will destroy it. News of the charge and conviction can spread quickly, especially in smaller communities like Maple Grove or Brooklyn Park. It can strain your personal relationships, isolate you from your community, and bring shame to your family. The personal toll of this public disgrace is immeasurable.
Why Your First Call Must Be to a Strategic Minnesota Defense Lawyer
When you are facing the full power of the state in a felony prosecution, you must respond with equal force and intelligence. The prosecutor and investigators have a head start. You need a dedicated legal advocate to level the playing field immediately. Your choice of attorney is the most critical decision you will make in this entire process.
A Private Defense for a High-Stakes Charge
This is not a case for an overburdened public defender juggling an impossible caseload. A felony government fraud charge is a complex, document-heavy case that requires hundreds of hours of focused work. When you hire me, you are getting a private attorney who will dedicate the necessary time and resources to your defense. Your case will be my priority. You will have direct access to me to ask questions and will be involved in every strategic decision. This level of personal commitment is essential when your liberty is at stake.
Pre-Charge Intervention Can Change Everything
The ideal time to fight a criminal charge is before it is even filed. If you are under investigation, I can intervene immediately. By opening a line of communication with the investigators and prosecutor, I can present our side of the story, point out weaknesses in their evidence, and provide context that they may be missing. This early, proactive advocacy can sometimes persuade the government to reduce the charges or to decline filing them altogether. It is a critical window of opportunity you cannot afford to miss.
Mastering the Complexities of Financial Cases
These white-collar cases are won and lost in the details. They require a lawyer who is not intimidated by thousands of pages of financial records, contracts, and government policies. I have the experience to meticulously analyze complex financial data, to work with forensic accountants and other experts, and to build a defense based on a sophisticated understanding of the evidence. I know how to turn the state’s own documents against them and expose the reasonable doubt that lies within the complexity.
A Singular Focus: Protecting Your Freedom and Future
From our first meeting, my mission is clear: to protect your freedom, your future, and your name. My primary goal is always the complete dismissal of the charges or a “not guilty” verdict at trial. I will prepare your case from day one as if it is going to trial, ensuring we are ready for a fight. If a negotiation is in your best interest, I will be an aggressive and persuasive advocate for a favorable plea. Every action I take is driven by a singular focus on achieving the absolute best result for you.