We counsel and defend clients in government fraud investigations and False Claims Act (FCA) litigation, including cases filed by whistleblowers under the qui tam provisions of the FCA and parallel criminal investigations. Our FCA defense team consists of skilled litigators who have handled federal and state FCA matters in jurisdictions throughout the country and who understand the complex nuances of the FCA. Our team includes numerous former Assistant United States Attorneys and Department of Justice officials.

Our lawyers are often called upon to defend clients while the government is investigating qui tam claims and making its determination whether or not to intervene in the actions. We have been highly successful in convincing the government not to pursue related criminal charges against our clients and to decline to intervene in FCA litigation. Additionally, our lawyers regularly defend clients in high-stakes whistleblower litigation at the trial and appellate levels. We are among the few law firms that have actually tried FCA cases before juries. We work with each client to develop a comprehensive litigation strategy that meets the client’s needs and objectives, and then execute that strategy throughout the course of the investigation, discovery, pre-trial motions, negotiation and trial. Our lawyers also advise clients on whistleblower issues and assist in the development and strengthening of internal policies related to employees and whistleblower complaints.

As a result of our work in this area, as well as through our collaboration with colleagues in other practice groups, our False Claims Act litigators have acquired deep knowledge of Medicare, Medicaid and other government programs and regulatory regimes that are often the subject of FCA litigation.

Our representative matters include:

Environmental

  • Defending a solvent recycler in a criminal investigation and parallel civil whistleblower suit arising out of alleged improper discharges.

Health Care

  • Represented major pharmaceutical manufacturer in multiple FCA cases alleging off-label and other unlawful promotion of anti-psychotic medication.
  • Represented large medical supply company in qui tam action alleging violations of the Anti-Kickback Statute.
  • Defended hospitals in multiple FCA matters alleging violations of the Anti-Kickback Statute and Stark Law, including in the context of hospital-physician joint ventures, physician practice acquisitions, physician employment agreements, medical directorships and other services agreements, and office space rental agreements.
  • Defended home health agency in qui tam action alleging violation of Anti-Kickback Statute.
  • Defending large ambulance company in FCA investigation of multiple issues, including medical necessity of transports and coding.
  • Defending multiple hospitals in investigations into alleged unnecessary implantations of cardiac stents.
  • Defended multiple hospitals in government investigation alleging unlawful implantation of cardiac defibrillators.
  • Defended physician practices accused of upcoding and billing for medically unnecessary services.
  • Defended multiple hospitals in FCA matters alleging hospitals submitted claims to Medicare for inpatients who did not satisfy inpatient criteria.
  • Defending hospital in investigation of alleged unnecessary ophthalmologic procedures.
  • Defended multiple hospitals accused of excessive charges intended to obtain additional Medicare outlier reimbursement.
  • Serving as pool counsel for several managers and employees of a major pharmaceutical company that allegedly engaged in off-label promotion of pain medication.
  • Representing the business unit head of a pharmaceutical company in connection with a criminal investigation and multiple qui tam actions related to alleged off-label promotion of various medications.

Higher Education

  • Representing several schools in qui tam actions relating to Title IV funds.
  • Representing a university alleged to have violated Department of Education rules by paying bonuses to its recruiters.
  • Representing an academic medical center in a qui tam action under Medicare Fraud and Abuse laws relating to the United Network for Organ Sharing (UNOS) organ transplant program.
  • Defending a medical school and a lead university researcher in a qui tam action alleging misuse of federal research funds and scientific misconduct.

Labor and Employment

  • Defending several qui tam and whistleblower claims brought under the Federal False Claims and Sarbanes-Oxley Acts.

Securities and Corporate Governance

  • Representing the audit committee of a NYSE-listed company, investigating a whistleblower complaint charging improprieties in the accounting at a subsidiary.
  • Conducting Sarbanes-Oxley whistleblower investigations.
  • Representing corporate stakeholders, including boards of directors, audit committees and general counsel, in connection with confidential and independent internal investigations of suspected employee misconduct, often brought to the company’s attention through whistleblower complaints.

Procurement and Government Contracting

  • Conducting an internal investigation on behalf of a Fortune 1000 telecommunications hardware company in connection with allegations of inflated inventories and vendor kickbacks.
  • Conducting an internal investigation on behalf of a major educational institution in connection with allegations of fraud in the procurement of construction services.
  • Conducting an internal investigation on behalf of a computer manufacturer and representing that company in connection with a federal procurement fraud investigation involving computer sales to the Drug Enforcement Administration.
  • Conducting internal investigations for a prime contractor on federal courthouse construction projects in connection with alleged Anti-Kickback Act violations and alleged procurement fraud, and representing that company in separate state criminal investigations.
  • Representing the general manager of a defense contractor in connection with a Department of Defense/Department of Justice investigation into an alleged conspiracy to circumvent manufacturing, testing and quality assurance requirements in the production of nuclear, biological and chemical filters for use in military tanks.
  • Representing a global heavy construction company in connection with allegations of bid rigging on United States Agency for International Development (USAID) construction contracts.
  • Defending a financial company accused of defrauding the government of billions of dollars while overseeing U.S. Department of Housing and Urban Development’s (HUD) sale of mortgage loans to the private sector. The case was tried and we obtained a favorable settlement in which our client recovered more money than the whistleblower.
  • Defending a large international construction company accused of defrauding the government on a project involving construction of a water and sewage system in Cairo, Egypt.
  • Successfully defending a major shipbuilder falsely accused in a qui tam action in the Eastern District of Pennsylvania of defrauding the government by misspending government funds allocated for worker training.

Drug Enforcement Administration

  • Conducting internal investigations for a prime contractor on federal courthouse construction projects in connection with alleged Anti-Kickback Act violations and alleged procurement fraud, and representing that company in separate state criminal investigations.
  • Representing the general manager of a defense contractor in connection with a Department of Defense/Department of Justice investigation into an alleged conspiracy to circumvent manufacturing, testing and quality assurance requirements in the production of nuclear, biological and chemical filters for use in military tanks.
  • Representing a global heavy construction company in connection with allegations of bid rigging on United States Agency for International Development (USAID) construction contracts.
  • Defending a financial company accused of defrauding the government of billions of dollars while overseeing U.S. Department of Housing and Urban Development’s (HUD) sale of mortgage loans to the private sector. The case was tried and we obtained a favorable settlement in which our client recovered more money than the whistleblower.
  • Defending a large international construction company accused of defrauding the government on a project involving construction of a water and sewage system in Cairo, Egypt.
  • Successfully defending a major shipbuilder falsely accused in a qui tam action in the Eastern District of Pennsylvania of defrauding the government by misspending government funds allocated for worker training.

Telecommunications

  • Representing one of the largest telecommunications companies in the U.S. in an alleged false certification claiming no abandoned property with regard to unused prepaid calling card balances.