False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.
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False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.
Beyond Adversarialism: How to Steer FCA Investigations
False Claims Act Insights
27 minutes 22 seconds
3 months ago
Beyond Adversarialism: How to Steer FCA Investigations
Host Jonathan Porter welcomes Husch Blackwell partner Todd Gee to the program to discuss why establishing a good working relationship with the Department of Justice is important and how to accomplish that while remaining a fierce advocate for your client. The conversation begins with a short recap of DOJ structure and the lines of supervision between line attorneys—assistant U.S. Attorneys and Main Justice trial attorneys—and their supervisors and what role Main Justice has, if any, in the matter. In the context of False Claims Act cases, AUSAs often enjoy wide latitude to conduct the investigation; however, there are a few inflection points, like the issuance of civil investigative demands or settlement talks, where attorneys further up the line may have more input, and these in turn are decision points in time for defense counsel to consider.
Jonathan and Todd also discuss the importance of understanding why DOJ attorneys move aggressively on some matters while allowing others to languish. The conversation includes some key practical tips for how to work with line attorneys at DOJ, and at the top of the list is personal comportment—don’t be a jerk!—when dealing with DOJ. Additionally, storytelling and providing DOJ with important context can help shape line attorneys’ points of view in handling FCA investigations where nuance and complexity reign supreme.
Jonathan and Todd also take on instances of needing to elevate an issue over the head of line attorneys to the supervisor level. As one can imagine, this decision is fraught with risk, as mishandling a supervisor meeting can ruin relationships and make it harder to secure favorable settlements or case dispositions. One solid tip for practitioners: never appeal above the line attorney’s head without letting him or her know ahead of time in a respectful manner. An appropriately delicate touch is needed when appealing investigative decisions; former DOJ personnel often understand the tact required and the processes involved. There are often solid reasons for appealing investigative decisions; however, the way it is done can be hugely impactful.
False Claims Act Insights
False Claims Act Insights explores how the U.S. government uses the False Claims Act (FCA) to stamp out fraud and corruption in government contracts. Each episode, Jonathan Porter, a former Assistant U.S. Attorney and currently a partner with Husch Blackwell’s White Collar, Internal Investigations & Compliance team, chats with preeminent guests to provide listeners with an up-to-date understanding of the FCA, including trends in recent litigation and compliance efforts. The show also explores those elements of the FCA that make it a uniquely powerful tool for the government against private business, including the Act’s utilization of whistleblowers and its qui tam provisions, as well as evolving theories of FCA liability that expand the boundaries of what the Act covers, including cybersecurity and so-called reverse FCA claims.
