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.

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.

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....

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....

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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....