False Claims Act Defense

With an interdisciplinary approach to FCA issues, Crowell assembles a team that is tailored to best handle your specific matter, leveraging our experience across diverse industries. Chambers proclaims that Crowell clients benefit from our “institutional expertise in regulatory matters,” especially when matters involve complex issues in government contracting, healthcare, and other industries.

Seasoned counsel for high-stakes challenges

Our deep bench combines the investigatory and trial experience of former prosecutors and civil litigators with deep subject matter knowledge of the regulatory regimes under which FCA cases frequently arise. Our firm has earned a reputation with the Department of Justice and relators’ counsel as not only formidable, but credible in our approach to every FCA case we handle. In addition, our practice includes a Chambers-ranked partner who focuses on FCA trial and appellate work.

While we resolve most FCA cases long before trial, our team has successfully tried cases to jury verdict and overturned unfavorable rulings on appeal, obtaining landmark victories for our clients. Recent matters include:

• Successfully represented major airline in qui tam suit involving a $1.4 billion Air Force contract for the maintenance of C-17 aircraft engines. The district court granted the motion to dismiss with prejudice, and the Fourth Circuit affirmed the dismissal of the substantive FCA counts.
• Won dismissal of a qui tam suit filed against a drug manufacturer alleging fraudulent pharmaceutical testing methods.
• Successfully defended pump manufacturer during two-week jury trial and on appeal in an intervened qui tam case in which the DOJ sought more than $220 million in damages.
• Persuaded DOJ not to intervene in qui tam action alleging that company had transshipped product to evade customs duties.
• Negotiated favorable settlement for construction company in FCA investigation involving allegation that the company had improperly obtained set-aside contracts.

A proven track record in offering strategic advice

For nearly four decades, Crowell attorneys have helped clients navigate the full range of complex issues that can arise in connection with the FCA. We assist clients at every phase of the FCA lifecycle with services such as:

• Advising clients on how to manage strategic responses to Civil Investigative Demands as well as subpoenas from grand juries, federal agencies, and inspectors general.
• Developing and executing sensitive internal investigations.
• Counseling clients on litigation risks, self-reporting and mandatory disclosure requirements and considerations, and potential steps for remediation.
• Counseling on employment policies and personnel issues, including interactions with whistleblowers to mitigate the risk of an employment discrimination or retaliatory discharge action.
• Providing FCA risk management strategies including employee training, assessing potential FCA noncompliance, and developing procedures and controls to help prevent compliance failures.