Mintz navigated a five-year parallel investigation of a national health care provider conducted by multiple US Attorney’s Offices and the DOJ’s Civil Division, ultimately negotiating the settlement of three qui tam actions and convincing the Office of Inspector General for the Department of Health and Human Services not to pursue a Corporate Integrity Agreement. Mintz is currently litigating a retaliation claim brought by one relator who is a former employee.
After the US Attorney’s Office for the Middle District of Florida declined to intervene in a qui tam action brought by an LLC relator against a national health care provider, its parent company, and senior management, Mintz successfully advocated to the court to dismiss the relator’s complaint on two occasions. The court then dismissed the third complaint sua sponte. The case is currently before the US Court of Appeals for the Eleventh Circuit.
A Mintz team of health law attorneys and litigators represented a vendor to Medicare Advantage and Medicaid plans in a False Claims Act lawsuit. After the US Attorney’s Office for the Southern District of New York declined to intervene in a qui tam action brought by an LLC relator against our client, Mintz filed a motion to dismiss and convinced the district court to dismiss the relator’s complaint. The relator then appealed to the Second Circuit Court of Appeals. Mintz successfully briefed and argued the appeal, and the Second Circuit affirmed the dismissal of the complaint.
Additional Health Care and Life Sciences FCA experience can be found here.
Government Contractors
Small Business and Set-Aside Contracts
Secured declination of criminal charges and a False Claims Act case following a government contractor’s voluntary self-disclosure to the DOJ regarding small business set-aside requirements.
Convinced the DOJ to decline to proceed with a False Claims Act case against an SBIR grant recipient company following a DOJ investigation and coordinated surprise interviews by the FBI, Department of Defense, and Naval Criminal Investigative Service (NCIS) of company employees at their homes.
Favorably resolved a DOJ investigation without charges in a matter involving Service Disable Veteran Owned Small Business set-aside contracts.
Defense Contractors
Currently representing a large defense contractor in parallel criminal and False Claims Act investigations.
Following various presentations to the government, persuaded the DOJ and NASA OIG to end an investigation into a supplier of highly specialized equipment pursuant to a government contract.
Favorably resolved a False Claims Act matter with the DOJ, DoD, DoD OIG, and DCIS on behalf of a large supplier of equipment to the US military.
Public Works Contracts
Negotiated with the Department of Transportation, Federal Highway Administration, and the Massachusetts Highway Department to avoid the debarment of a public construction company following an indictment arising in parallel criminal and civil False Claims Act investigations.
Represented a national construction company and its principal in a long-running FCA investigation regarding public construction projects. The government declined to bring a case.
Favorably resolved criminal and civil investigations of a concrete supplier to a multibillion-dollar federal public works project.
Favorably resolved a state AG’s FCA investigation into two contractors involved in the public construction of a sports stadium.
Education/Nonprofit
Resolved an investigation into a company that supplied goods to the state of Massachusetts and the state police without any charges or case brought by the Massachusetts Attorney General.
Negotiated a favorable resolution of an investigation into overbilling in connection with the provision of software systems to the state of Massachusetts.
