False Claims Act Investigations & Litigation

The team is known for navigating clients through sensitive investigations, qui tam actions, and parallel criminal, administrative and retaliation proceedings, while minimizing reputational and operational risks within highly regulated industries. Our team’s national reputation is built on decades of success in FCA matters and reinforced by consistent recognition from leading legal publications. Many of our lawyers have been recognized in the areas of white collar, healthcare and government contracting, including in Chambers USA, Best Lawyers in America, Legal Elite and Law360.

We combine enforcement and litigation experience with McGuireWoods’ nationally recognized regulatory practices, particularly healthcare, financial services and government contracting. With attorneys from our nationally recognized Government Investigations & White Collar Litigation and Healthcare Department, and aerospace and defense industry team, the group offers a coordinated defense across multiple at-risk industries. Many of our practitioners have served inside enforcement agencies and/or are industry experts, allowing us to anticipate government strategy, advocate on highly technical matters, and effectively advocate for declinations, dismissals or favorable resolutions.

Clients benefit from our experience persuading the DOJ to decline intervention, dismiss whistleblower complaints or negotiate favorable settlements, avoiding the disruption and exposure of litigation. Our team’s collaboration with McGuireWoods’ strategic risk and corporate compliance program counseling team ensures support managing board relations, media inquiries and reputational threats throughout the lifecycle of an FCA matter.

How We Help

We tailor our defense strategies to each client’s regulatory, operational and reputational risks, guiding them from the earliest stages of an investigation through resolution. Our team works swiftly to limit exposure, resolve matters efficiently, and safeguard our clients’ interests in parallel civil, criminal and administrative proceedings. These activities include:

• engaging with prosecutors to obtain insight into under-seal and confidential investigations;
• conducting internal investigations and developing responsive defense strategies;
• collaborating with McGuireWoods’ regulatory teams to interpret complex industry-specific statutes and programs;
• persuasively — and objectively — presenting facts to enforcement officials and prosecutors, credibly arguing where the facts do not support further action while recognizing where settlement may be reasonable;
• guiding clients through related negotiations (e.g., corporate integrity agreements, suspension and debarment risks);
• managing reputational exposure and crisis communications with support from the strategic risk and crisis management team;
• advising on compliance-related considerations, including codes of conduct and programs to mitigate future risks and prevent FCA-triggering conduct; and
• conducting proactive internal reviews to preempt government knowledge of potential FCA risks, including the submission of mandatory and voluntary self-disclosures for cooperation-related credit.

Representative Experience

• Electronic medical record vendor in the successful voluntary dismissal of the case in connection with an FCA allegation in which a relator alleged software caused an upcoding of medical claims;
• Network infrastructure and internet service provider in connection with a self-disclosure and resolution of claims that it violated government contract requirements related to the implementation of certain cybersecurity-related protocols, in one of the first settlements of DOJ’s Cyber Fraud Initiative, and where the client received substantial cooperation credit for the disclosure and robust investigation and remediation of issues identified in the matter;
• Mail order pharmacy in the dismissal with prejudice of claims in connection with allegations it engaged in improper marketing activities that violated statutes and gave rise to FCA liability;
• Industry-leading telecommunications and wireless company in connection with allegations it engaged in fraud related to the sale of wireless internet hot spot devices to state authorities during the COVID-19 pandemic, resulting in DOJ declining to intervene and the case’s dismissal;
• Physician practice that had a relationship with a local health system alleged to have violated the Anti-Kickback Statute and the FCA;
• Large physician practice group in an ongoing FCA investigation related to allegations of billing for medically unnecessary psychiatric services;
• Pharmaceutical manufacturer in an ongoing FCA investigation related to allegations of inappropriate sales and pricing practices;
• Large pharmaceutical manufacturer in an ongoing FCA case alleging fraudulent reporting of pricing for Medicaid rebate purposes;
• Environmental remediation company in a DOJ / DCIS investigation into alleged contractual violations of the terms of a Superfund remediation contract by an acquired subsidiary, resulting in a written criminal declination; civil resolution of claims under the FCA and Comprehensive Environmental Response, Compensation, and Liability Act; and no administrative action against the company;
• Fish processing company in an FCA qui tam case alleging failure to comply with the American Fisheries Act, resulting in resolution of the matter in a motion to dismiss;
• Client in an FCA action based on a high-dollar government contract for hundreds of thousands of pieces of equipment, which the relator alleged were defective, obtaining a Second Circuit ruling that adopted a new legal test under which a relator can release his right to bring an FCA claim on behalf of the government, so long as the government is made aware of the potential fraud — the Second Circuit also found the relator had not and could not adequately plead that the equipment the client delivered to the government was defective, in a tremendous financial and precedent-setting victory;
• Large defense contractor in an ongoing FCA investigation related to allegations of providing goods with nonconforming parts;
• Financial technology company in connection with the resolution of FCA qui tam actions related to allegations the company inflated claims and failed to implement adequate controls in connection with the issuance of Paycheck Protection Program loans; and
• Two top defense contractors in their joint venture in an FCA qui tam lawsuit alleging $90 million in over-charging on national security aerospace contracts as a result of allegedly improper estimating practices, resulting in a resolution and dismissal with prejudice from the DOJ and all relevant agencies on favorable settlement terms.

Download a copy of our FCA Enforcement brochure.

Download a copy of our Healthcare Enforcement practice brochure.