Our experienced FCA practitioners help clients navigate the perils of FCA enforcement actions. Our team, which includes many former government lawyers, utilizes its experience, insight, and government relationships to streamline the investigative process and achieve favorable results for Fortune 500 companies, smaller closely held entities, and individuals.
The FCA represents an existential threat to targeted entities in many industries, including health care, government contracting, cybersecurity, consulting, and education. The government uses the FCA to extract extraordinary sums in trebled damages and civil penalties and imposes other devastating non-monetary punishments such as corporate integrity agreements, monitors, and exclusion from federal programs. Minimizing liability requires counsel that understands how the government investigates such allegations as well as the key exposure points that can be fatal to the government’s case
Our team includes former trial attorneys from the United States Department of Justice Criminal and Civil Fraud Sections, including the former head of the Justice Department’s Criminal Division, Fraud Section, and the lead counsel for one of the Department’s most successful civil trial recoveries. This insider experience that spans the entire lifecycle of an FCA case from its inception to a final verdict is invaluable for (1) helping clients understand the complexities of the government’s approach to the FCA; (2) streamlining the investigative process to narrow issues and minimize costs; (3) identifying areas of weakness and strength; (4) knowing when and how to raise issues; (5) negotiating favorable resolutions; and, perhaps most importantly: (6) trying a case when necessary.
With our experience in both criminal and civil matters, we are able to manage the challenges of FCA cases involving both criminal and civil exposure, related agency investigations, congressional inquiries, and state AG matters. Our deep bench of experienced litigators also aids clients in managing ancillary challenges that often follow FCA investigations such as consumer and third-party class actions, derivative suits, securities litigation, product liability claims, and employment disputes.
Having served/responded to hundreds of subpoenas and CIDs, our team can narrow the scope of government requests and minimize production burden. We also decipher coded language in the requests to:
- discern the government’s theory of liability;
- identify key facts contradicting/supporting that theory; and
- develop an affirmative narrative to advocate for our clients from the matter’s inception.
Our team combines decades of professional experience and technology assisted review software to analyze the impact of key documents before they are produced.
Using our unique insight into the government’s practices and procedures, our team limits the number witnesses and the scope of their testimony.
Having sat on both sides of the negotiating table—recovering billions for the government and now defending cases with billions more at stake—we identify key leverage points and litigation risks that minimize liability.
Our unrivaled record of successfully litigating FCA matters has resulted in favorable pre-litigation resolutions, early dismissals at the pleading stage, successful motions for summary judgment, and favorable verdicts at trial.
- Represented multi-billion dollar logistics company Agility Logistics in a criminal fraud indictment and False Claims Act litigation venued in the Northern District of Georgia. The litigation arose from allegations from a qui tam relator that Agility defrauded the federal government in the performance of Prime Vendor Contracts in Iraq. Agility resolved the alleged $10 billion fraud with a single count misdemeanor plea in connection with a single invoice valued at $551 and a civil settlement.
- Represented a defense contractor alleging violations of the False Claims Act, breach of contract and fraud based on a conduct in Iraq. Successfully secured a voluntary dismissal with prejudice from the qui tam relator in an action where the government declined to intervene.
- Represented Actelion Pharmaceuticalsin a three year Department of Justice investigation into marketing practices related to the drug Tracleer. The investigation concluded without any criminal charges being filed and with the dismissal of the related qui tam action.
- Represented Parsons Corporation in a multi-million dollar complaint alleging violations of the Federal False Claims Act. Obtained dismissal of complaint by motion.
- Represented Toyobo, a major Japanese fiber manufacturer, in federal and state False Claims Act cases arising from the sale of a high-performance fiber used in the manufacture of hundreds of thousands of bullet-resistant vests.
- Represented AIG in False Claims Act litigation relating to two former life insurance subsidiaries. Obtained dismissal with prejudice of all claims in multiple federal and state proceedings.
- Representing Gilead Sciences, Inc. in litigation arising under the False Claims Act in the United States District Court in the Eastern District of Pennsylvania.
- Represented Novartis Pharmaceuticals Corporation in a civil action commenced by the U.S. Attorney’s Office for the Southern District of New York alleging violations of the False Claims Act arising from market share rebate agreements with specialty pharmacies.
- Represented Abbott Laboratories against qui tamsuit alleging improper payments to physicians related to use of biliay, carotid, and peripheral vascular products.
- Represented Apollo Corporation in False Claims Act litigation filed in Sacramento, California. Obtained dismissal of case following depositions of Relators and other discovery. Successfully handled appeal to Ninth Circuit.
- Represented Johnson & Johnsonin an eight year criminal and civil investigation into the alleged off label promotion of the drug Natrecor.
- Represented Alvarado Hospital Medical Center, Inc.in an eleven-month jury trial in which the Hospital, Tenet, and a former CEO of the Hospital were accused of conspiracy and violations of the federal healthcare anti-kickback statute. Following trial, the judge dismissed all criminal charges.
- Represented Lovelace Hospital, which at the time was owned by CIGNA Healthcare, in a DOJ civil False Claims Act investigation and settlement of Medicare Part A reimbursement issues.
- Represented the Orange County Health Care Agencyin a DOJ civil False Claims Act investigation and settlement of Medicare and medical billing issues.
- Represented a defense contractor in an action alleging violations of the False Claims Act, breach of contract and fraud based on conduct in Iraq. Successfully secured favorable settlement of all claims in government-intervened action.
- Represented a defense contractor in False Claims Act case involving allegations of falsified weapons qualifications in Kabul, Afghanistan, resulting in favorable settlement of all claims.
- Represented pharmaceutical, medical device, and health care technology companies and executives in non-public investigations conducted by federal and state enforcement agencies alleging off-label promotion, improper sales and marketing practices, pricing issues, and violations of the Anti-Kickback Statute, the False Claims Act, HIPAA and HITECH.
- Represented a Southern California hospital chain in connection with criminal and civil investigations by the United States Attorney’s Office for alleged violations of the anti-kickback statute.
- Represented a Medicare Advantage (“MA”) against allegations that it inflated its Risk Adjustment scores in order to increase the capitated payments that Medicare paid for each beneficiary in the plan.
- Worked with a regional health care system to refute allegations that it upcoded various procedures and also provided medically unnecessary services to its patients.
- Represented a not-for-profit educational corporation in responding to a government investigation alleging the misuse of federal grant money and conspiring to commit grant fraud.
- Represented a medical device company in a False Claims Act case alleging that client overcharged the United States for patient monitoring equipment sold to the U.S. Department of Veterans Affairs (VA) and the Department of Defense.
- Represented a not-for-profit health system and several individual defendants in a False Claims Act case alleging that Defendants upcoded medical procedures and accepted kickbacks from medical device companies.
- Represented a client in responding to a government investigation alleging client’s business practices violated the Financial Institutions Reform, Recovery, and Enforcement Act.
- Represented nine former employees of an MA plan in a FCA case alleging that defendants failed to allocate federal insurance dollars in an appropriate way.
- Representing ACADEMI in false claims case involving allegations of falsified weapons qualifications in Kabul, Afghanistan.
- Representing a medical device company in connection with parallel civil and criminal actions for alleged violations of the Food Drug and Cosmetic Act and the False Claims Act for alleged off label drug promotion.
- Representing a compound pharmacy in connection with parallel civil and criminal actions for alleged violations of the anti-kickback statute.
- Successfully represented Beverly Enterprises in false claims action.