False Claims Act Investigations, Litigation and Enforcement

McGuireWoods is a national leader representing subjects of government fraud enforcement investigations and actions under the federal False Claims Act and state law equivalents. Relying on that wealth of experience navigating high-risk matters, clients time and again call on McGuireWoods for assistance upon receiving a Civil Investigative Demand, subpoena or complaint naming them in False Claims Act (FCA) investigations or lawsuits.

The government wields the FCA as its primary fraud enforcement tool to recover billions of dollars every year. When fraud allegations arise, our False Claims Act Investigations, Litigation & Enforcement Team leverages a storied record helping corporate clients and individuals navigate the complexities of potentially perilous investigations and enforcement actions and attain favorable resolutions. The multidisciplinary team includes former federal enforcement officials with extensive experience prosecuting FCA cases at the Department of Justice, and seasoned trial attorneys who have defended numerous fraud actions in the healthcare or government contracting and procurement sectors. Enhancing this representation, our team combines its enforcement and litigation capabilities with McGuireWoods’ recognized regulatory proficiency in the healthcare, financial services and government procurement sectors.

Our False Claims Act Investigations, Enforcement & Litigation Team incorporates attorneys from our Government Investigations & White Collar Litigation Department. Our team includes a former deputy attorney general of the United States, former U.S. attorneys, and more than a dozen federal prosecutors and other former enforcement officials, such as a trial attorney in the DOJ Civil Fraud Section, the office charged with prosecuting False Claims Act cases. McGuireWoods’ government investigations team has been recognized twice as a Law360 Group of the Year.

Our FCA practice also includes members of McGuireWoods’ Healthcare Department and Defense, National Security & Government Contracting Team, whose lawyers have drawn recognition by Chambers USA, Best Lawyers in America, Legal Elite and Super Lawyers as among the top legal service providers in the nation. Many of these lawyers worked for the enforcement agencies that bring investigations and initiate litigation against clients, and they maintain strong personal and professional relationships with investigating agencies. This means we bring credibility to any representation in this area.

This extensive experience, as well as our attorneys’ close relationships with prosecutors and regulators, provides unique insights into the government’s tactics and policy concerns. That insight is critical in helping persuade prosecutors to decline to file a complaint or intervene in a qui tam (whistleblower) suit, dismiss a qui tam complaint outright, or take other actions that lead to favorable outcomes for clients.

How We Help

Fortune 500 companies, senior executives, boards of directors and other high-profile individuals rely on McGuireWoods to handle responses to fraud investigations from inception to resolution. We focus on minimizing the business and personal interruptions an investigation can cause. By developing strategies to reduce civil, criminal and administrative exposure, we help navigate a cumbersome, time-consuming process while limiting the consequences of an investigation or action. More specifically, our FCA attorneys:

  • Utilize their close relationships with prosecutors to attempt to glean details about potentially under-seal matters and confidential investigations and limit the scope and breadth of discovery requests;
  • Formulate and execute a comprehensive internal investigation and defense strategy to quickly and efficiently learn the relevant facts and circumstances, minimize risks and maximize the chances of a quick and favorable outcome for the client;
  • Confer with McGuireWoods’ premier regulatory attorneys to master the relevant industry-specific legal regime, program and reimbursement rules, standards and practices; and
  • Navigate ancillary risks and attendant negotiations, such as corporate integrity or monitoring agreements and potential suspension and debarment actions or revocation from federal healthcare programs.

We also work closely with our Strategic Risk & Crisis Management Team to manage related issues, including board and shareholder relations, media inquiries and other crisis management matters.

Beyond responding to investigations and enforcement actions, we advise clients regarding the unique ethical obligations of federal government contractors, such as preventing kickbacks, bribery and illegal gratuities, product substitution, false claims and false statements, and organizational conflicts of interest, as well as compliance with lobbying restrictions and procurement integrity principles. We help clients draft codes of conduct and compliance policies, and structure corporate compliance programs to educate their employees about the added level of scrutiny applied to business dealings with the government. Upon request, we will conduct an internal investigation to address concerns in advance of any government knowledge, so clients stay ahead of possible problems. Please see the brochure linked below for a list of representative FCA matters.

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