Accused of Defrauding the Government? A Minnesota Lawyer on Fighting False Claim Charges Under § 609.465.
You submitted a claim for payment. It could have been an invoice for contract work, a request for reimbursement, an application for public benefits, or a bill for services rendered to a state agency. You expected a check, but instead, you got a letter from a prosecutor. Now you are facing a criminal charge for Presenting a False Claim to a Public Officer or Body under Minnesota Statute § 609.465. The government is accusing you of fraud. They are alleging you intentionally tried to deceive them to get money you weren’t entitled to. Your reputation, your business, and your freedom are now in jeopardy.
This is a profoundly serious and intimidating accusation. Often, these charges arise from complex misunderstandings. Perhaps you made an honest mistake on a complicated billing form. Maybe a subordinate prepared the paperwork incorrectly without your knowledge. It could be that you have a legitimate contract dispute with the government agency, and they have decided to use the threat of a criminal charge as leverage instead of resolving it in civil court. Whatever the situation, the prosecutor will try to paint you as a criminal who deliberately schemed to steal from the taxpayers. As a Minnesota defense attorney who has defended individuals and businesses against serious financial crime allegations across the state—from Minneapolis and St. Paul to Rochester, Duluth, and beyond—I know that there is always another side to the story. You do not have to let them define you. It’s time to fight back.
What Does Presenting a False Claim Actually Mean in Minnesota?
In the simplest terms, Presenting a False Claim is a type of fraud committed against a government entity. The law makes it a crime to knowingly submit a claim for payment or benefits that you know is false, in whole or in part, with the specific intent to defraud the government. This isn’t about making a simple clerical error or having a legitimate disagreement over how much you are owed. The entire crime hinges on your state of mind: your knowledge that the claim was false and your intent to deceive.
A Minnesota false claim charge can be brought against a wide range of people in various situations. A building contractor working on a project in Maple Grove could be accused of inflating invoices for materials. A medical provider in Eagan could be charged for billing the state for services that were never performed. An individual in St. Cloud receiving public assistance could face charges for not reporting new income on a renewal form. The core of a § 609.465 accusation is that you didn’t just make a mistake; you consciously tried to trick the government out of money.
The Law on Government Fraud — Straight from the Statute
The legal foundation for the charge against you is Minnesota Statute § 609.465. This law is brief but carries immense power, as it links directly to the state’s theft statutes for its penalties. To build a strong defense, you must first understand the exact language the prosecutor will use to try and convict you.
Here is the full text of the statute:
609.465 PRESENTING FALSE CLAIMS TO PUBLIC OFFICER OR BODY.
Whoever, with intent to defraud, presents a claim or demand, with knowledge that it is false in whole or in part, for audit, allowance or payment to a public officer or body authorized to make such audit, allowance or payment is guilty of an attempt to commit theft of public funds and may be sentenced accordingly.
Breaking Down the State’s Case Against You: The Legal Elements
For a prosecutor to convict you of Presenting a False Claim, they must prove three distinct elements beyond a reasonable doubt. My role as your defense attorney is to systematically attack each of these elements, exposing the weaknesses in the government’s case. If we can show that the state has failed to prove even one component, you cannot be found guilty. This is where the battle for your future will be fought.
- An Intent to Defraud: This is the most critical element. The prosecutor must prove that you acted with a specific purpose to deceive the government agency to obtain money or benefits. An honest mistake, a misunderstanding of a complex billing code, or negligence in preparing a form is not enough. They must get inside your head and prove you had a fraudulent state of mind. Without this, their entire case collapses.
- Knowledge that the Claim Was False: The government must also prove that you knew the claim you submitted was false, either in whole or in part. It’s not enough to show that the claim was factually incorrect. They have to prove your awareness of the falsity. If a subordinate prepared the claim and you signed it, believing it to be accurate, you may have been negligent, but you did not have the criminal knowledge required for a conviction under this statute.
- Presenting the Claim to an Authorized Body: The final element is the act of submitting or “presenting” the claim to a public officer or government body that has the authority to audit, allow, or pay it. Importantly, the law treats this as an attempt to commit theft. This means the government doesn’t even have to pay the fraudulent claim. The crime is complete the moment you submit the false claim with fraudulent intent.
The Penalties Hinge on the Dollar Amount of the Claim
The statute itself does not list specific penalties. Instead, it states that a person guilty of this offense is sentenced “accordingly” as an “attempt to commit theft of public funds.” This means the potential penalties are tied directly to Minnesota’s general theft statute, § 609.52, and are based on the dollar amount of the fraudulent claim you are accused of submitting. The higher the value of the claim, the more severe the consequences.
Misdemeanor Penalties
If the value of the false claim is not more than $500, the offense is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.
Gross Misdemeanor Penalties
If the value of the false claim is more than $500 but not more than $1,000, the offense is a gross misdemeanor, punishable by up to 364 days in jail and a $3,000 fine.
Felony Penalties
If the value of the false claim is more than $1,000, the offense becomes a felony. The severity of the felony, and the potential prison sentence, increases as the dollar amount rises:
- More than $1,000 up to $5,000: Up to 5 years in prison and a $10,000 fine.
- More than $5,000: Up to 10 years in prison and a $20,000 fine. In any conviction, you will also be ordered to pay full restitution. The penalties for presenting false claims in Minnesota are severe and designed to make an example of those accused.
How False Claim Charges Happen in Real Life: Minnesota Scenarios
These accusations can arise in any situation where an individual or a business interacts financially with a government entity. A simple billing dispute can quickly escalate into a criminal investigation if a government auditor suspects fraud.
Here are a few common scenarios of how a person in Minnesota could find themselves facing a false claim charge:
The Minneapolis Construction Contractor
A construction company has a contract with the City of Minneapolis to repair a public building. Nearing the end of the project, the site manager realizes they are over budget. To cover the shortfall, the manager knowingly submits invoices that bill for hours that were never worked and for premium materials that were not actually used. Even if a city official catches the discrepancy before the invoice is paid, the contractor can be charged for the attempt.
The St. Paul Public Benefits Recipient
A person in St. Paul is receiving monthly public assistance benefits, which requires them to report any changes in their income. They get a new part-time job but intentionally fail to report the new income on their renewal forms, knowing it would reduce or eliminate their benefits. By submitting a form that presents a false picture of their financial need, they are presenting a false claim to a public body.
The Rochester Medical Provider
A medical clinic in Rochester that treats patients covered by MinnesotaCare or Medical Assistance engages in a practice known as “upcoding.” This involves submitting bills to the state using billing codes for more complex and expensive services than were actually provided to the patients. This intentional misrepresentation on a claim for payment is a classic violation of § 609.465.
The Duluth Small Business Owner
A small business owner in Duluth applies for a city-sponsored economic development grant. The grant application requires detailed financial statements and specifies that the business must be profitable. The owner, whose business is struggling, knowingly alters their financial records to show a profit and submits the falsified documents with the application. This is presenting a claim for payment (the grant) that is based on information known to be false.
Building a Strong Defense Against a False Claim Accusation
When you are accused of fraud, especially against the government, it can feel like you are presumed guilty until proven innocent. The prosecutor will have auditors and investigators who have spent months building a case that makes you look like a criminal. But their case is often built on assumptions about your intent. My job is to shatter those assumptions with facts, context, and a powerful legal defense that protects your rights.
We will not let the government’s narrative go unchallenged. A thorough defense requires a deep dive into the financial records, the contracts, the billing codes, and the communications between you and the government agency. We will find the holes in the prosecutor’s theory and expose the reasonable doubt that they want to hide. A charge for presenting a false claim in Minnesota can be defeated.
Lack of Intent to Defraud
This is the most critical defense. The entire crime rests on your state of mind. We will work to prove that you did not act with a deceptive or fraudulent purpose.
- It Was an Honest Mistake: Complex government contracts and benefit applications are filled with confusing language and complicated rules. We can argue that any error on the claim was the result of a simple, honest mistake, a misunderstanding of the requirements, or a clerical error made without any intent to deceive. Negligence is not fraud.
- Good Faith Contract Dispute: We can argue that this is not a criminal matter at all, but a legitimate civil dispute over the terms of a contract. If you submitted a claim based on your good faith interpretation of what you were owed, even if the government disagrees, you did not have the intent to defraud. This should be handled in civil court, not criminal court.
No Knowledge of Falsity
The prosecutor must prove you knew the claim was false. We can attack this element directly.
- Reliance on Others: If an employee, an accountant, or a billing specialist prepared the claim and you signed it, we can argue that you reasonably relied on their work and had no personal knowledge of any inaccuracies. You cannot be held criminally responsible for the unknown mistakes or fraudulent acts of others.
- The Information Was Believed to be True: We can present evidence that, based on the information available to you at the time, you had a good faith belief that the claim was accurate. Perhaps a supplier gave you incorrect pricing information, or a client provided faulty data. If you didn’t know it was false, you cannot be convicted.
Challenging the Government’s Financial Evidence
The state’s case is built on its own financial analysis. We can show that their analysis is flawed.
- Hiring a Forensic Accountant: The most powerful way to fight a financial crime charge is with your own financial professional. We can hire a forensic accountant to conduct an independent review of the records. This professional can often find errors in the government’s audit, provide alternative explanations for financial discrepancies, and testify on your behalf, creating powerful reasonable doubt.
- The Claim Was Not Materially False: We can argue that any inaccuracy on the claim was minor and not “material”—meaning it was not significant enough to have influenced the government’s decision to pay. A small, trivial error does not rise to the level of criminal fraud.
Minnesota False Claim FAQs: Your Urgent Questions, Answered
Am I going to prison if I am convicted?
If the claim is for more than $1,000, you are facing a felony charge with the potential for a prison sentence. The risk is very real. However, an experienced attorney can often negotiate alternatives, especially for first-time offenders, but you must be prepared to fight a charge that carries the threat of incarceration.
Can I make the charge go away by just paying the money back?
Paying the money back (restitution) is a critical step and a powerful negotiating tool, but it does not automatically erase a criminal charge. The crime was the attempt to defraud. However, your ability and willingness to make the government whole is the single most important factor in persuading a prosecutor to reduce the charges or agree to a more lenient sentence.
Is this a state or a federal crime?
This specific statute, § 609.465, is a Minnesota state crime. However, the federal government has its own very powerful False Claims Act. If the claim was submitted to a federal agency or involved federal funds, you could face separate federal charges, which carry even more severe penalties.
What is the difference between a billing mistake and criminal fraud?
The difference is your intent. A mistake is an unintentional error. Fraud is an intentional act of deception for financial gain. The entire criminal case hinges on the prosecutor’s ability to prove, beyond a reasonable doubt, that you acted with a fraudulent state of mind.
Do I need a lawyer who understands financial documents?
Absolutely. This is not a standard criminal case. You need an attorney who is comfortable reading complex financial statements, contracts, and audits, and who knows how to work with and cross-examine financial professionals. This specialized knowledge is crucial to your defense.
What if my employee submitted the false claim without my knowledge?
This can be a strong defense. As a business owner or manager, you generally cannot be held criminally liable for the illegal acts of your employees unless you directed them, knew about their actions and did nothing, or were willfully blind to the fraud.
Is it possible to get a felony false claim charge reduced?
Yes. This is often the primary goal of a skilled defense attorney. By attacking the weaknesses in the state’s case, particularly the evidence of your intent, we can often negotiate a reduction of a felony charge to a gross misdemeanor or even a misdemeanor, which can save your career and protect you from the most severe consequences.
What if I have a legitimate dispute with the agency over how much they owe me?
This is a “good faith dispute” defense. We would argue that this is a civil contract matter, not a criminal one. You submitted a claim for what you genuinely believe you are owed. This transforms the case from a criminal fraud allegation into a business disagreement.
How does the government even find out about a false claim?
These cases are often initiated by a government audit, a whistleblower (often a disgruntled employee), or a competing business. Once an allegation is made, a government agency can launch a full-scale investigation with its team of auditors and investigators.
What is the first thing I should do if I am contacted by an investigator?
Exercise your right to remain silent and contact a defense attorney immediately. Do not talk to the investigator, do not turn over any documents, and do not try to explain your side of the story. Anything you say can and will be used against you. Your only safe move is to speak to a lawyer first.
Can I be charged if the government never even paid the claim?
Yes. The law is written as an “attempt” to commit theft. The crime is the act of presenting the false claim with fraudulent intent. The government does not need to suffer an actual financial loss for you to be charged and convicted.
Will I lose my professional license if I am convicted?
A conviction for a crime of fraud or dishonesty, especially a felony, will almost certainly lead to disciplinary action from your professional licensing board (e.g., for doctors, nurses, accountants, contractors, etc.). This could result in the suspension or permanent revocation of your license to practice your profession.
The Lifelong Consequences of a Fraud Conviction
A conviction for presenting a false claim is a brand of dishonesty that is nearly impossible to erase. The consequences extend far beyond any sentence a judge might impose, affecting your rights, your career, and your future in profound and permanent ways.
A Career-Ending Criminal Record
A conviction for fraud, especially a felony, is a career killer. You will be deemed untrustworthy by future employers. Finding a job in any field that involves handling money, holding a position of trust, or requiring a background check will become nearly impossible. This one conviction can effectively end your professional life.
The Permanent Loss of Firearm Rights
If you are convicted of a felony-level false claim offense, you will be permanently stripped of your right to own or possess a firearm under both state and federal law. This is not a temporary suspension; it is a lifetime ban.
Loss of Professional Licenses and Business Opportunities
A fraud conviction can lead to the revocation of any professional license you hold. It can also prevent your business from being able to secure the bonds needed to bid on public contracts and can lead to being debarred or blacklisted from doing business with government agencies in the future.
Severe Immigration Consequences
For any non-citizen, a conviction for a fraud crime is catastrophic. It is considered a “Crime Involving Moral Turpitude” (CIMT), which is a deportable offense. A conviction will almost certainly lead to your removal from the United States and a permanent bar on your re-entry.
Why You Need a Tough, Financial Crime Defense Attorney
When you are facing a financial crime allegation, the government brings the full force of its resources against you. They have auditors, investigators, and experienced prosecutors dedicated to securing a conviction. You cannot face this fight alone or with an attorney who does not have experience in these complex cases. You need a dedicated advocate who can meet the government on its own turf.
A Defense That Speaks the Language of Finance
I have the experience to handle document-intensive financial cases. I know how to read the balance sheets, the invoices, and the contracts. I know how to work with forensic accounting professionals to challenge the government’s numbers and find the story that the spreadsheets don’t tell. We will fight the state’s financial case with a more thorough and more credible financial defense.
Seizing Control of the Investigation Immediately
The time to act is now. The longer you wait, the stronger the government’s case becomes. We must move quickly to preserve evidence, interview key witnesses, and get ahead of the prosecutor’s narrative. By launching our own investigation immediately, we can identify the weaknesses in their case and begin building the leverage we need to negotiate a dismissal or reduction of the charges.
Navigating Minnesota’s Courts with a Sophisticated Strategy
I have defended clients against serious financial allegations in courtrooms across Minnesota, from the federal courts in the Twin Cities to county courts throughout the state. I know how to present complex financial information to a jury in a way that is clear, compelling, and persuasive. I understand the strategies that work in these high-stakes cases and how to dismantle the testimony of the government’s financial investigators.
A Singular Focus on Protecting Your Future
As a solo practitioner, your case is my mission. I am singularly focused on one goal: protecting you from a career-ending conviction. Every decision we make, every motion we file, and every negotiation we enter is aimed at achieving the best possible outcome for you, whether that is a pre-trial dismissal, a favorable plea to a lesser charge that avoids a felony, or a hard-fought acquittal at trial. Your future is on the line, and I am ready to fight for it.