As the government expands its use of the False Claims Act (FCA) to investigate and litigate contractual disputes and regulatory infractions, and as whistleblowers use the qui tam power with greater frequency to bring suits against former employers, a successful white collar defense team must be able to defend against accusations of civil fraud and false claims. Wiley Rein's White Collar Defense Practice has extensive experience with the FCA, defending against government actions and private qui tam or whistleblower actions under the FCA. The Practice has worked extensively with the Fraud Section of the Department of Justice's (DOJ) Civil Division Commercial Litigation Branch, and frequently responds to government subpoenas, develops detailed legal and factual responses to the government's concerns and prepares witnesses for interviews by investigators. Furthermore, we have a track record of success in persuading the government not to intervene in private actions or otherwise bring suit after investigations of potential regulatory non-compliance.
Our experience has transcended industries, representing clients in government contracts, technology, health care, lending, consulting, travel, defense, and other industries. Some recent examples of our efforts include:
- Persuading the government not to intervene against three government contractors in industry-wide qui tam suits alleging improper allocation and disclosure of alliance benefits by technology vendors and affiliated resellers and systems integrators.
- Winning a motion to dismiss the qui tam allegations brought against our client, a military contractor alleged to have committed fraud in the performance of its services contract.
- Convincing the government not to file suit against a health care provider, after the government asserted a nine-figure alleged damages theory.
- Negotiating a favorable settlement on behalf of a government contractor alleged to have improper accounting methodology.
- Convincing the government to reach a civil settlement with a government contractor accused of committing fraud, where the government was originally planning to bring criminal charges.
Our Practice Group also has a wealth of experience counseling clients on their compliance with federal regulations that are common sources for False Claims litigations, including government contracting; the allocation of commissions, rebates, and discounts; and health care. Working with our Government Contracts, Health Care, and other regulatory practice groups, we can provide counseling to effectively minimize the risk of expensive investigations and litigation.
Keeping Out of Treble: What the Seventh Circuit’s Adoption of Net Trebling Means for FCA Damages
By Roderick L. Thomas and Dylan Hix
March 27, 2013
FCA Liability For Davis-Bacon Act Violations
By Eric W. Leonard, Erin K. Nord and Dylan Hix
October 4, 2012 | Government Contracts Law360
D.C. District Court Allows Qui Tam Case Involving the Service Contract Act Compliance-Related Allegations to Move Forward
By Eric W. Leonard and Christopher M. Mills
August 3, 2011