False Claims Act

Confronting Claims While Protecting Your Business

For companies operating in regulated industries and businesses with government contracts, a False Claims Act (FCA) investigation or case poses an existential threat to the business. Federal, state, and local governments. as well as whistleblowers filing qui tam suits wield extraordinary power via the False Claims Act to extract enormous damages and penalties along with the threat of suspension, debarment, or exclusion from government programs.

Awards

Chambers USA 2024

Ranked "Highly Regarded" Band 1 in New York and Band 2 in Massachusetts

Chambers USA 2024

Health Law Practice recognized Nationally and in Massachusetts, Washington, DC and California.

Our Experience

DOJ Declines to Intervene in Alleged Anti-Kickback/FCA Filing

Mintz is defending a major diagnostics company in a False Claims Act qui tam case filed by a former employee. The Department of Justice declined to intervene in the case, which involves allegations of managed care fraud. Mintz has filed a motion to dismiss and objections to discovery request

Our Approach

Each year, False Claims Act cases initiated by government enforcement agencies or qui tam relators result in billions of dollars in damages being paid by often well-meaning and otherwise compliant companies. Attorneys in Mintz’s False Claims Act Practice draw on decades of defense and government experience to provide strategic and practical guidance to companies, boards, special committees, and individuals through each critical stage of FCA investigations and litigation. The Mintz team understands how disruptive an investigation can be. From our extensive experience dealing with government authorities around the country, we know how the government views and evaluates FCA cases and what key issues will make the difference between the government going forward or declining to intervene in a case.

In every FCA matter, Mintz works efficiently to identify significant issues and resolve the investigation or case as quickly as possible. We routinely persuade the DOJ and state attorneys general not to proceed with cases while they remain under seal. When necessary, we litigate cases to dismissal or trial and defend those victories on appeal. In instances centered on technical violations, we understand the critical role affirmative discovery plays in demonstrating that the issue was immaterial to the government agency’s decision to pay. In resolving cases, we utilize sophisticated damages modeling to support legal and factual arguments to lower any damages owed.

Industries We Support:

Life Sciences
Health Care
Energy
Software
Government and Defense Contractors
Construction

Focus Areas

Known or suspected whistleblowers
Government efforts to interview employees
Grand jury or HIPAA subpoenas
Civil investigative demands

Key Government and Defense Experience

Our team is comprised of former prosecutors from the DOJ Civil Frauds section and US Attorney’s offices in New York, Massachusetts, and California, as well as former state assistant attorneys general and career defense lawyers. These seasoned litigators work collaboratively and efficiently with highly experienced regulatory lawyers from across the firm to bring the team with the right subject matter capabilities to each high-stakes FCA matter.

Finding the Right Solution

Given the recently increased and tangible benefits to a company that self-discloses violations to the DOJ, and the emphasis on the speed of any such disclosure, Mintz works to provide a timely assessment in order to allow our client to weigh all options for potential disclosure and resolution.

Integrated Team Approach

Our specialized, cross-disciplinary team routinely handles the most sophisticated and complex cases with successful outcomes for health care entities, life science companies, and government contractors. The group draws on capabilities from the firm’s health law, white collar defense, litigation, and employment attorneys, who help clients conduct internal investigations to detect and correct problems before the government becomes involved or handle government investigations or enforcement actions once they’ve begun.