The False Claims Act (FCA), 31 U.S.C. § 3729 et seq., is one of the most effective civil enforcement statutes used by the United States government to combat false or otherwise fraudulent claims for payment made to the Government in areas such as procurement and health care reimbursement. The FCA allows private persons to file suit for violations of the FCA on behalf of the government. These whistleblowers (referred to as “relators”) can receive up to 30 percent of the government’s recovery. They are also entitled to certain whistleblower protections under the FCA. Of the $2.8 billion in settlements and judgments obtained by the DOJ in fiscal year 2018 from civil cases involving fraud and false claims against the federal government, $2.1 billion arose from lawsuits filed under the Qui Tam provisions of the False Claims Act.
This program is designed for both plaintiff and defense counsel, regardless of experience level, who might represent whistleblowers or defend against FCA claims. The panelist will discuss what makes for preparing and filing an effective qui tam complaint along with approaches defense counsel should be aware of when responding to government investigations.
Agenda
- Introduce the False Claims Act [discussing the elements, defining a claim, damages, awards, retaliation, burden of proof, and statute of limitations]
- Walk through the anatomy of a qui tam case [uncovering and assessing the fraud, considering whether to inform the potential defendant, preparing disclosure statements, working under seal, the investigatory phase, and settlement discussions]
- Review common types of qui tam cases
- Review claims that are not actionable
- Key Defenses
- Emerging trends
Speakers include Western District of Kentucky U.S. Attorneys: Hannah C. Choate and Jessica R.C. Malloy
All handout materials are via electronic download. Paper copy may be purchased for an additional cost.
Cancellation Policy: All cancellations must be received by the LBA 24 hours in advance to receive a credit or refund. Substitutes will be allowed.
