False Claims Act

Our team, which includes former prosecutors from the DOJ’s civil fraud section and criminal division, defends companies against liability in investigations and litigation, and helps them develop strategic compliance measures to avoid exposure.

Our Approach

The False Claims Act (FCA) is the most powerful weapon in the government’s civil fraud enforcement arsenal, reaching nearly every individual and entity that receives federal funds.

Unique aspects of the FCA contribute to the billion-dollar recoveries that the Department of Justice (DOJ) has reported every year but one for the last two decades. Throughout recessions, administration changes, and shifting criminal enforcement priorities, the DOJ’s reliance on the FCA has continued unabated.

Our multidisciplinary FCA compliance and defense team includes seasoned litigators, regulatory compliance counsel, former federal and state prosecutors from across the country, alumni of the DOJ’s civil and criminal divisions, and a former trial attorney from the civil fraud section. We understand the act, its many nuances, and the regulatory or contractual scheme underlying alleged misconduct.

Our collective experience gives us unique insights into sealed FCA investigations and the DOJ policies that shaped them. We have first-hand familiarity with the government’s investigatory techniques, the critical decisions that the government makes throughout an FCA investigation, and the specific opportunities to transform the investigation, persuade the government to decline qui tam allegations, and obtain early, favorable resolution.

Further, not all civil fraud enforcement occurs at the federal level. Thirty-one states and territories now have FCA-like statutes, and interstate coordination of enforcement actions, including through the National Association of Medicaid Fraud Control Units, is becoming more prevalent. Our team also includes former assistant attorneys general who have successfully defended high-profile false claims and consumer fraud actions brought under state law.

Our Services

  • Working together, we help our clients navigate FCA matters, including those facing allegations of defective pricing, faulty contract performance, improper reporting, overcharging, kickbacks, and fraudulent Medicare and Medicaid billing.
  • To mitigate FCA and related administrative exposure, we conduct internal investigations and counsel clients on reinforcing compliance measures and remedial programs.
  • When pre-litigation resolution has proven undesirable, we have a proven track record of winning motions to dismiss, conducting targeted discovery in support of successful motions for summary judgment, and otherwise zealously preparing cases for trial. At every stage, we identify additional opportunities for relief from unmeritorious claims, including arguing for dismissal under a unique provision of the FCA that permits DOJ to dismiss declined qui tam actions.
  • Government-led FCA investigations may portend parallel criminal and administrative investigations. Our white-collar bench has decades of experience navigating the grand jury process, government proffer sessions, and, if necessary, indicted matters.
  • We regularly negotiate with the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and other Inspectors General, and have successfully resolved FCA matters without the implementation of a corporate integrity agreement.

We Work With:

  • Fortune 500 companies
  • Pharmaceutical, medical device, and biotech manufacturers
  • Government and defense contractors
  • Grant recipients
  • Educational institutions
  • Teaching hospitals
  • Clinics
  • Labs
  • Nursing facilities
  • Medical societies
  • Energy, environmental, and transportation infrastructure
  • Technology companies

Doctors say no secret info used in FCA suit against J&J

Law360 | March 06, 2020

This article mentions Boston Government Investigations and White-Collar Defense partners Hannah Bornstein and Mark Seltzer for their representation of the defendants in a False Claims Act suit centering on faulty hip replacement devices. The defendants have argued the suit should be dismissed on the grounds that confidential information was used in the complaint.

Top DOJ attorney spotlights main FCA target areas for 2020

Law360 | February 28, 2020

This article features Washington, DC, Government Investigations and White Collar Defense partner Adam Tarosky discussing the best approach for Medicare Advantage insurers who may be re-evaluating their chart review programs in the context of possible False Claims Act actions brought by the Department of Justice.

Devicemaker-doctor relationships ripe for fraud litigation

Modern Healthcare | August 23, 2019

This article quotes Washington, DC, Government Investigations and White Collar Defense partner Adam Tarosky for his perspective on the overlap between anti-kickback violations and False Claims Act violations when physicians are accused of accepted improper perks from medical device companies.

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