False Claims Act Investigations & Litigation
Miles & Stockbridge assists government contractors, healthcare providers and other recipients of federal funds prepare for and respond to the substantial risks imposed by False Claims Act (FCA) investigations and litigation. FCA’s multifaceted exposure includes not only treble damages and monetary penalties, but also reputational harm, suspension, debarment, exclusion and criminal prosecution. State laws modeled on the FCA present similar risks and exposure.
In addition, we see the risks and exposure increasing. Every year, federal and state governments collect billions of dollars from FCA enforcement. The number of investigations and qui tam actions continues to grow, prompted by significant monetary awards given to whistleblowers. Further, statutory changes and court decisions can make these actions more difficult to dismiss.
Our attorneys understand the nuances and complexities involved in FCA actions, particularly when they run in tandem with other investigations or civil actions. We guide clients through every phase of the process:
- Designing proactive compliance to reduce potential FCA exposure;
- Responding to investigative subpoenas;
- Advocating to prevent intervention and prompt dismissal by DOJ;
- Navigating false claims litigation, if necessary; and
- Addressing challenges that often run in parallel or follow FCA actions, including
- suspension, debarment, or exclusion proceedings;
- criminal investigations;
- Congressional or government agency investigations;
- third-party class actions;
- securities litigation;
- employment disputes; and
- coordinating public relations activities.
Our Team
Because FCA actions can be complicated and involve multiple areas of law, we work closely with our colleagues across all Miles & Stockbridge offices to provide our clients with the expert advice they need. We understand the statutes, regulations and contract and grant provisions at the core of FCA matters. Our judgment and legal advice are shaped by decades of experience both inside and outside federal and state investigative agencies. We not only have counseled on FCA matters, but we also have tried them in court. We offer our clients creative and practical approaches to reduce risks, manage the challenges presented and navigate to the best end result.
