False Claims and Internal Investigations

The False Claims Act and associated qui tam cases are a significant concern for any entity or person who does business or otherwise engages with the U.S. Government or with a state government.  Although many investigations and cases are initiated by the government, the hefty rewards afforded to whistleblowers have led to dramatic increases in qui tam cases launched by disgruntled employees, competitors, advisors, and others claiming ever more innovative theories of statutory violation.  The Supreme Court’s decision in Escobar has added to the scope of potential claims based upon its interpretation of “implied certifications.”

Williams Mullen maintains a robust False Claims Act practice led by attorneys with extensive federal and state experience.  Our attorneys are familiar not only with the law but with the practices and policies of the government investigators and attorneys in investigating and prosecuting these matters, either on its own or in conjunction with a relator’s qui tam matter.  We represent businesses in numerous industries, including health care providers and defense and government contractors, which have undergone investigations and litigation against government entities under the FCA.

Representative Experience:

• Advise companies considering whether to make voluntary disclosures regarding themselves or others;
• Conduct internal investigations in conjunction with False Claims Act matters;
• Represent companies through raids, search warrants, civil investigative demands, subpoenas, government interviews, proffers to the government in lieu of interviews, settlement negotiations (including ability-to-pay resolutions), and litigation;
• Counsel clients in both criminal and civil investigations;
• Assist companies in developing disciplinary actions and corrective measures, and administrative compliance plans; 
• Represent clients in follow-on Suspension & Debarment matters; and
• Address False Claims across a broad range of allegations involving defective parts, defective testing, false certifications, defective accounting, false invoices, false coding of medical records, false statements in offers, and misrepresentation of skills, qualifications, and capabilities, among others.