False Claims Act

Our litigators have deep experience handling matters involving the False Claims Act and qui tam whistleblowers, including matters involving parallel civil and criminal investigations by state and federal agencies.  Our experience includes matters involving federal health care programs including Medicare, Medicaid, TRICARE, the Federal Employee Health Benefits Program and VA health programs, as well as defense against allegations of “upcoding,” payment and receipt of kickbacks in connection with federal health care programs, defective quality, product substitution and “worthless” services.  

Attorneys at the firm previously represented the government in both civil and criminal matters arising out of FCA investigations.  As a result, they have a unique understanding of the government’s strategies in these cases.  The firm works with clients to investigate allegations in order to prepare and present an aggressive defense, with the goal of putting an end to an investigation before it reaches the public.  

Representative matters include:

  • Successfully counseled national contractor through Illinois Attorney General’s Office FCA and Consumer Fraud and Deceptive Business Practices Act investigation related to large public works project.
  • Represented non-profit Medicaid Certified Community Mental Health Provider in qui tam litigation arising from alleged overbilling and improper certification of patients.
  • Represented large City of Chicago contractors in OIG investigation of alleged improper staffing and billing resulting in “submitting false or frivolous or exaggerated claims documents or records” under the City’s Debarment Rules and in violation of the City’s False Claims Ordinance.
  • Represented physician with large medical practice in federal and state FCA litigation, and in a parallel federal criminal case, alleging payment of kickbacks in exchange for allegedly improper prescriptions by a global pharmaceutical company.
  • Successfully obtained dismissal of a qui tam suit alleging violations of the Anti-Kickback Statue and Stark Law by a hospital and its CEO.