Protecting Your Business in the Face of False Claims Act Allegations

Our team of highly experienced attorneys are ready to help defend you against an alleged False Claims Act (FCA) violation.

The FCA is one of the government’s most powerful tools to combat alleged fraud involving federal funds. It allows the Department of Justice and whistleblowers (known as relators) to pursue claims against companies, institutions and other entities accused of submitting false reimbursement requests, misrepresenting regulatory compliance or otherwise defrauding federal programs. The Trump administration has highlighted the FCA as an important tool in its enforcement efforts, and FCA claims are expected to increase.

Further, numerous states have their own false claims laws, which are enforced by state Attorneys General. It’s common for federal FCA matters in the health care industry to also involve alleged violations of state false claims laws, which are pursued in the same investigation or lawsuit.

FCA matters often carry high stakes. If you are found liable, the penalties can be steep, including treble damages (three times the government’s alleged losses), additional fines per alleged false claim and potential exclusion/debarment from future government programs. Investigations can also be disruptive to your business. Having a team that understands how the FCA applies to your industry and business operations is critical to protecting your organization’s reputation and bottom line.

Responding Strategically to Civil Investigative Demands

If you receive a Civil Investigative Demand (CID), you are already under the government’s microscope. A CID is a formal demand for documents, written answers or testimony specifically authorized by the FCA. How you respond in the first days and weeks can shape the trajectory of the case. Our attorneys act quickly and guide clients through every step of the process — preserving necessary records, protecting privileged information, negotiating scope and ensuring compliance while advancing your defense. We work quickly to understand the government’s objectives and to position you for the best possible outcome.

Proven Experience in FCA Defense Across Industries

Our team has significant experience defending clients in FCA investigations and litigation across a wide range of sectors. We understand the nuances of government procurement, regulatory compliance and the intricate contractual frameworks in highly scrutinized sectors such as health care, defense contracting, construction, higher education and government-funded research. Our deep bench of attorneys brings industry-specific insight that can make the difference in complex FCA matters, particularly in reaching the appropriate resolution for clients.

Internal Investigations

Our attorneys have the experience and insight to guide clients through sensitive internal investigations — whether proactively or in response to a CID. We work closely with clients to uncover the facts, assess potential exposure and determine the most strategic course of action. By addressing issues early and implementing targeted solutions, we help mitigate risks and place the client in the best position to address the alleged FCA claim, whether brought by the government or whistleblowers.

We have experience responding to FCA claims originating with:

• U.S. Department of Justice
• U.S. Attorney General
• U.S. Assistant Attorneys General
• State Attorneys General
• Office of Inspector General
• Federal agency referrals
• Whistleblowers
• Internal compliance reporting

Representative Matters

• Health Care — Represented in False Claims Act investigations and litigation: home health care entities, hospitals and health systems, compounding pharmacies, laboratories, marketing companies, pharmacies, genetic laboratories, physician practices, durable medical equipment suppliers, physicians, dentists and other licensed health care providers, executives, officers and directors.
• Health Care — Conducted numerous internal investigations of health care entities related to allegations of health care fraud or alleged compliance violations and assist entities with appropriate responses.
• Private Club — Defended False Claims Act investigations brought by a qui tam relator and Department of Justice related to a club’s qualifications for PPP loan and forgiveness under Small Business Administration regulations and guidance addressing eligibility for funds.
• Disability Nonprofit — Defended False Claims Act litigation.
• Federal Contractor — Conducted internal investigation on behalf of federal contractor concerning potential size certification fraud by multiple subcontractors. Responsible for determining scope of review, negotiating with U.S. Attorney General, interviewing witnesses, analyzing risks implicit in recently revised regulations and presenting findings. Obtained successful result of government declining to pursue civil or criminal charges against client under the False Claims Act.
• Construction Services Company — Represented a construction services company in arbitration against a subcontractor that falsified documents. Made disclosures on the company’s behalf. Cooperation with the government resulted in avoiding False Claims Act charges and a beneficial settlement with the subcontractor, whose former president was sentenced to 27 months in prison and ordered to pay fines and restitution.
• Contracting and Design Firm — Represented a contracting and design firm in an internal investigation and defense of a multimillion-dollar qui tam lawsuit involving six federal construction projects for the Naval Engineering and Facilities Command and the U.S. Army Corps of Engineers.
• General Contractor — Represented a general contractor in a False Claims Act qui tam action related to a large-scale, multimillion-dollar construction project for the Department of Defense.
• Joint Venture — Represented a joint venture in an internal investigation involving False Claims Act violations by a qui tam relator. We interviewed employees, reviewed documents, met with agents of the attorney general and provided detailed internal investigation memorandum and recommendations for remedial measures.
• Large National General Construction Contractor — Represented a large, national general construction contractor in a civil False Claims Act qui tam action. The allegations involved Small Business Subcontracting Plan fraud in a contract with the U.S. Army Corps of Engineers for the multimillion-dollar construction of a Veterans Administration Hospital.
• Large Government IT Contractor — Defended an alleged “rent-a-vet” case involving set aside contracts for service-disabled veterans. Case received national media attention due to plaintiff seeking to expand False Claims Act liability.
• Defense Contractor — Conducted internal investigation and defended defense contractor in qui tam case involving alleged substitution of military parts without government approval.
• Government Contractor — Conducted internal investigation and defended a government contractor in a False Claims Act employment retaliation claim involving alleged personal use of government property.
• Tariffs — Represented an importer of electronic chips in connection with a False Claims Act investigation in Eastern District of Pennsylvania related to transshipment of Chinese microchips through Singapore.
• Tariffs — Represented an importer of metals in a False Claims Act investigation in the Northern District of California related to valuation of titanium imported from Russia.
• Tariffs — Represented an importer of food products in a False Claims Act investigation in the District of New Jersey related to Chinese products transshipped through India.
• Served as pool counsel, representing employees of an organization who were crucial witnesses in a False Claims Act investigation.