The U.S. Department of Justice has recovered billions of dollars in False Claims Act (“FCA”) settlements and judgments in civil cases involving alleged fraud against the government.
2018 marked the ninth straight year of more than $2 billion recovered annually under the FCA, bringing the total recovery since 2010 to $35.4 billion. On top of these sums, nearly 800 new FCA matters were initiated last year, more than 84% of which were actions brought by private whistleblowers seeking bounties under the FCA’s qui tam provisions. Not to be left behind, most states have enacted their own false claims laws including qui tam provisions, and state FCA claims are expected to rise.
More than $35 Billion: U.S. Justice Department Recoveries for False Claims Act Cases in the Past Nine Years.
Today, virtually any company or person receiving federal or state funds may be at risk of an FCA investigation or lawsuit, including traditional targets in healthcare and government contracting. With the potential for treble damages and penalties, as well as collateral consequences from suspension and debarment to exclusion from Medicare and Medicaid programs, the stakes for companies have never been higher.
How We Can Help
False Claims Act
For more than two decades, Blank Rome has represented companies and individuals in FCA investigations and litigation. Our False Claims Act practice draws upon the experience of many former federal prosecutors and leverages capabilities from the Firm’s government contracts; state, federal, and joint investigations; and white collar defense practices to provide comprehensive service and advice to our clients.
We have a successful history of resolving FCA matters for clients prior to intervention and often short of litigation. When litigation is necessary, we draw on a seasoned team of trial attorneys, many of whom are former prosecutors, and litigate aggressively in federal and state courts around the country. We also have substantial experience resolving suspension and debarment cases and similar eligibility matters (including Medicare and Medicaid exclusions) that may arise from an FCA case.
We successfully represent clients against FCA allegations involving virtually all forms of alleged misconduct:
- Cost and labor mischarging
- False representations and certifications
- GSA Schedule violations (including those based upon pricing and discounting disclosures)
- Medicare/Medicaid fraud
- Organizational conflicts of interests
- Truth in Negotiation Act violations
Our clients span industries, including:
- Professional services
- Hardware and software
- Medical/surgical devices
- Healthcare services
Our Chambers USA-ranked Government Contracts Practice handles procurement fraud matters involving civilian and defense agencies. We draw on our deep insight into the unique statutes, regulations, and other contracting requirements that underlie FCA actions to build the strongest possible defense.
In the healthcare sector, Blank Rome has represented pharmaceutical and biologics companies, medical/surgical device manufacturers, clinical laboratory companies, hospitals, wholesalers, distributors, and other providers in a wide range of matters including allegations of Medicare/Medicaid fraud.
Blank Rome also has unique experience in resolving state FCA investigations and litigation through our state, federal, and joint investigations and white collar practices.