Litigation + Investigations
False Claims Act
The False Claims Act (FCA) is one of the government’s main tools to fight fraud, waste, and abuse involving federal programs. Its breadth, complexities, and potentially severe consequences require experienced and knowledgeable practitioners to handle matters where FCA liability arises. Whether clients are businesses that want to implement effective controls to avoid FCA issues, individuals facing allegations of FCA liability, or entities concerned about potential actions that involve FCA liability, our FCA team can guide clients through the framework to generate better strategies, operational efficiencies, and outcomes.
Fluet’s FCA Practice has represented numerous companies and organizations investigated for FCA liability by the U.S. Department of Justice, U.S. Attorney’s Offices, and various State Attorneys General. The team has also dealt with internal employment matters and other subcontractors within the contracting chain when their conduct has invoked potential FCA. Additionally, our attorneys represent relators in filing qui tam suits with the Department of Justice and representing them throughout. Whatever clients’ needs concerning the FCA and its severe consequences, Fluet’s team of former DOJ Trial Attorneys, Assistant U.S. Attorneys, Assistant State Attorneys General, agency in-house counsel, and contracting officers has the depth of industry knowledge and government experience to help clients navigate the entire process from before there is ever an FCA issue to the ultimate resolution of an FCA complaint.
Our clients benefit from Fluet’s past experience, including:
- Representing a government contractor in an internal investigation and successful response to a cure notice, involving a mandatory disclosure regarding potential FCA violations relating to its federal contract.
- Conducting internal investigation into TAA violations by a major government contractor, resulting in disclosures to the contracting officer to mitigate FCA exposure.
- Representing a federal grant recipient in internal investigation into suspected FCA violations by sub-grantees and contractors, resulting in mandatory disclosure and a favorable outcome for the client.
- Representing a federal grant funds recipient in an internal investigation and related state enforcement matter regarding potential FCA and state and federal government grant violations.
- Representing a construction company for possible FCA violations due to the improper receipt of grant funds under Section 1603 of the American Recovery and Reinvestment Act of 2009, resulting in the U.S. Attorney’s Office and the DOJ closing its investigation into the client.
- Representing several employees of publicly traded global supplier of test systems and industrial position sensors/federal government contractor, in government contracting and FCA investigation regarding potential violations of the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Addendum.
- Representing a drop shipper/federal government contractor in FCA investigation and subsequent settlement for Export Administration Regulations, BAA/TAA, and other government contracting violations involving prohibited items on Government Services Administration schedule contract.
- Representing the director of a federal government contractor who was the target of an FCA investigation regarding the improper billing of “P-Stim” devices, resulting in the U.S. Attorney’s Office closing its investigation.
- Representing several former employees of a large national federal government contractor in FCA litigation involving allegations of upcoding for medically unnecessary rehabilitation therapy.
- Representing several employees of a publicly traded federal government contractor in various FCA investigations and criminal health care fraud investigations led by the Department of Health and Human Services Office of Inspector General and the DOJ.
- Representing a publicly traded medical device manufacturer/federal government contractor in internal investigation and subsequent voluntary disclosure regarding potential government contracting violations, Federal Supply Schedule pricing issues, and FCA violations.
