Whistleblower, False Claims Act & Fraud Investigations
Many statutes and the FAR address in detail requirements for proper and accurate pricing, cost accounting, certifications of compliance, and other ethical and business conduct. Failing to comply with any one of these many laws or regulations may subject contractors and subcontractors alike to substantial liability under the False Claims Act and other fraud-related statutes. Enforcement by the Department of Justice and various agency Offices of Inspector General (OIG) has increased significantly over the last few years, and headlines regularly highlight the millions of dollars recovered from defense, aerospace, construction and health care companies. Additionally, private individuals (“whistleblowers”) can bring qui tam lawsuits against an organization, even when the government does not, and collect money for such violations. Likewise, businesses performing work with or for the government are subject to extensive ethics rules and obligations.
Our White Collar Crime and Government Contracts teams collaborate to aggressively defend False Claims Act cases and other alleged fraud matters. Our experience ranges from advising on proactive measures and providing mandatory and optional training to companies to reduce False Claims Act and ethics violations-related risks, to effectively representing companies and individuals in trials and appeals. We advise on and represent clients in:
- False Claims Act actions
- Qui tam actions
- S. Attorney General and OIG investigations and court actions
- Grand jury proceedings, response to civil investigative demands and OIG subpoenas
- Government audits and procurement fraud investigations
- Actions involving government bribery allegations
- SBA set-aside and size protests and inquiries (small businesses, HUBZone small business concerns, service-disabled veteran-owned small business concerns, economically disadvantaged women-owned small business concerns and women-owned small business concerns)
- Davis-Bacon and Service Contract Act violations and investigations
We have helped clients achieve settlements early in the investigation or litigation process. Our teams also handle collateral issues involved with these cases, such as suspension and debarment.