Blog
Federal Grant Fraud Defense
Contents
Federal Grant Fraud Defense: Government Grant Violations
Federal grants fund research, nonprofits, state programs, and countless other activities. Grant fraud—misusing federal funds, false grant applications, or misrepresenting compliance—triggers serious criminal charges. Under various statutes, grant fraud can mean 5-20 years in federal prison, plus treble damages under the False Claims Act.
Types of Grant Fraud
False applications – Misrepresenting qualifications, capabilities, or intended use
Misuse of funds – Spending grant money on unauthorized purposes
False certifications – Lying about compliance with grant requirements
Time and effort fraud – Claiming work not performed
Cost mischarging – Billing personal expenses as grant costs
Duplicate funding – Obtaining multiple grants for same project
Who Gets Prosecuted?
Universities and research institutions. Nonprofits and NGOs. State and local governments. Healthcare organizations. Small businesses with SBIR/STTR grants. Individual researchers and executives.
Federal Charges
Theft of government funds (18 USC 666) – Up to 10 years
False statements (18 USC 1001) – Up to 5 years
Wire/mail fraud – Up to 20 years
False Claims Act – Treble damages plus penalties
Conspiracy – Up to 5 years
Defense Strategies
Allowable Costs
Grant regulations are complex. What looks like misuse may be allowable under OMB cost principles.
No Intent
Grant compliance errors—especially in complex multi-year grants—often reflect confusion, not fraud.
Institutional Policies
Following institutional policies and guidance can negate individual criminal intent.
Act Now
Grant fraud investigations often start with OIG audits. If your organization is being audited, or if you’ve received individual inquiry, contact defense counsel before responding.