False Claims Act Defense
Overview
Even the most diligent companies are vulnerable to False Claims Act investigations and litigation, which can derail business goals and create a public-relations crisis. Crowell’s nationally recognized FCA Practice includes more than 40 lawyers and provides clients with practical and strategic advice at all stages of FCA matters.
Insights
Client Alert | 2 min read | 10.28.24
So You’re Telling Me There’s a Chance: Contractor Recovers COVID-Related Quarantine Costs
In Chugach Federal Solutions, Inc., ASBCA Nos. 62712, et al., the Armed Services Board of Contract Appeals held that a contractor could recover its costs for having to quarantine personnel in accordance with government-imposed COVID safety requirements, because the underlying contract contemplated that the contractor would be compensated for complying with any changes to health and safety requirements.
Client Alert | 5 min read | 10.08.24
Client Alert | 1 min read | 08.12.24
Firm News | 3 min read | 08.08.24
Representative Matters
Government Investigations
- Representing managed care organization in FCA investigation involving Medicare marketing guidelines and payments to third-party marketing organizations.
- Defending global technology company in FCA investigation of alleged failure to comply with cybersecurity requirements in $700 million government contract.
- Representing an integrated health care delivery system in responding to a DOJ investigation into allegations that the company provided false or incomplete data to state authorities in support of the company’s request for a rate increase in its Affordable Care Act individual plans for plan years 2018 and 2019.
- Represented defense contractor in DOJ investigation of alleged FCA violations based on failure to comply with and false certifications related to Qualified Product List requirements; case settled on favorable terms.
- Defended managed care organization in FCA investigation involving allegations that company submitted duplicate and inflated claims for health care services to veterans. Persuaded the government to resolve the matter contractually.
- Represented large engineering and construction firm in qui tam action and FCA investigation of overcharging based on violations of the Truth in Negotiations Act; case settled on favorable terms, with vast majority of settlement payment focused on non-fraud contract claims.
Litigation
- Obtained dismissal of qui tam suit alleging that contractors marketed and sold products that were not compliant under the Trade Agreements Act. The dismissal was affirmed by the Seventh Circuit on appeal.
- Defended a subcontractor in FCA litigation where the DOJ intervened in case alleging that the subcontractor had provided defective material on a government construction project. The case settled on terms favorable to the defendant.
- Obtained dismissal of a qui tam suit against a national partnership of physicians alleging that the defendant was “upcoding” when billing CMS.
- Defended a Medicare Advantage plan against allegations in a qui tam case that it mispresented the adequacy of its provider network to CMS. The court granted our motion to dismiss.
- Represented regional health system in FCA qui tam action based on alleged pervasive Stark Law and Anti-Kickback Statute violations; won motion to dismiss that forced relator to settle for nuisance value.
Insights
Client Alert | 2 min read | 10.28.24
So You’re Telling Me There’s a Chance: Contractor Recovers COVID-Related Quarantine Costs
In Chugach Federal Solutions, Inc., ASBCA Nos. 62712, et al., the Armed Services Board of Contract Appeals held that a contractor could recover its costs for having to quarantine personnel in accordance with government-imposed COVID safety requirements, because the underlying contract contemplated that the contractor would be compensated for complying with any changes to health and safety requirements.
Client Alert | 5 min read | 10.08.24
Client Alert | 1 min read | 08.12.24
Firm News | 3 min read | 08.08.24
Insights
The False Claims Act: Compliance issues in US government procurement and healthcare
|08.07.24
Global Investigations Review
FEATURE COMMENT: The Top FCA Developments Of 2021
|02.16.22
The Government Contractor, Vol. 64, No. 7
- |
09.16.20
The Government Contractor, Vol. 62, No. 34
Crowell Ramps Up Hiring Amid Expected Rise In COVID-19 Relief Investigations
|08.03.20
American Lawyer
39th Annual Ounce of Prevention Seminar—Government Contracting Amidst a Global Shake-Up
|05.09.23 - 05.10.23
CMS & State Medicaid Agencies Seek to Expand Enrollee Protections During COVID-19 Pandemic
|03.23.20
Crowell & Moring's Health Law Blog
Just When You Thought It Was Over: Eleventh Circuit Deepens Disagreement on FCA’s Tolling Provision
|06.08.18
Crowell & Moring's Government Contracts Legal Forum
- |
02.01.17
Crowell & Moring's Government Contracts Legal Forum
Feature Comment: The Top FCA Developments Of 2016 For Government Contractors
|01.11.17
The Government Contractor
- |
09.29.16
Crowell & Moring's Government Contracts Legal Forum
Mount Sinai Health System to Pay $2.95 Million in 60-Day Overpayment FCA Settlement
|08.25.16
Crowell & Moring's Health Law Blog
- |
07.07.16
Crowell & Moring’s Health Law Blog
- |
06.13.16
Crowell & Moring's Government Contracts Legal Forum
Professionals
Insights
Client Alert | 2 min read | 10.28.24
So You’re Telling Me There’s a Chance: Contractor Recovers COVID-Related Quarantine Costs
In Chugach Federal Solutions, Inc., ASBCA Nos. 62712, et al., the Armed Services Board of Contract Appeals held that a contractor could recover its costs for having to quarantine personnel in accordance with government-imposed COVID safety requirements, because the underlying contract contemplated that the contractor would be compensated for complying with any changes to health and safety requirements.
Client Alert | 5 min read | 10.08.24
Client Alert | 1 min read | 08.12.24
Firm News | 3 min read | 08.08.24