In recent years, Congress has expanded the False Claims Act’s (FCA’s) reach and penalties, and the Department of Justice (DOJ) has trumpeted the enormous sums it has recovered through alliances with private FCA whistleblowers. In fiscal year 2009, approximately $2 billion was recovered in lawsuits filed under the federal FCA’s qui tam provisions. Nearly every state legislature has enacted false claims legislation, many including qui tam provisions, and state FCA claims are on the rise.
It is more critical than ever that companies and boards of directors engage experienced counsel who have demonstrated the ability both to forestall government suits (for example, by convincing the DOJ to terminate an investigation or not to intervene in a sealed qui tam case) and to litigate aggressively and effectively when necessary.
For more than two decades, Dickstein Shapiro has represented companies and individuals in FCA investigations and litigation. Our False Claims Act Investigations and Defense Practice draws upon the experience of more than 25 former federal and state prosecutors and leverages experience from the firm’s Complex Dispute Resolution, Government Contracts, and State Attorneys General Practices to provide comprehensive service and advice to our clients.
Our attorneys represent companies in all phases of FCA investigations and litigate cases in federal and state courts around the country. More importantly, we have resolved FCA cases prior to intervention and costly litigation—effectively and quietly convincing enforcement officials to agree not to proceed or to resolve the matter short of litigation.
Dickstein Shapiro has successfully represented clients against FCA allegations involving nearly all forms of alleged misconduct, including: cost and labor mischarging, false representations and certifications, false statements, GSA schedule violations (including those based upon pricing and discounting disclosures), kickbacks, Medicare/Medicaid fraud, organizational conflicts of interests, and Truth in Negotiation Act violations. We have worked with clients in a wide array of industries, including professional services, hardware and software, pharmaceuticals and health care, and defense and civilian agency contracting.
Representative FCA Experience
Our FCA Practice has represented: