The stakes for health care providers, government contractors, and other businesses and individuals accused of seeking payment or reimbursement from the government to which they are not entitled (often based on alleged violations of arcane health care and government procurement statutes and regulations) are high. The consequences can include treble damages, punitive monetary penalties, exclusion from government programs, and sometimes criminal sanctions. We frequently defend our clients against allegations brought under the U.S. Department of Justice’s government weapon of choice in these cases—the False Claims Act (FCA)—including the qui tam provisions, which entice whistleblowers, referred to as relators, to file suit on behalf of the government in exchange for significant monetary rewards of up to 30 percent of recovered funds.
Drawing upon robust experience in government—as former prosecutors and government officials—and before the courts that are most active in FCA-related matters, we serve as counsel in investigations and proceedings brought against our clients by the DOJ in conjunction with the Inspectors General of HHS, DOD, other federal agencies, and state attorneys general under state false claims acts. We steer clients through the complex web of criminal, civil, and administrative concerns as well as the business considerations implicated in these investigations and prosecutions.
We take pride in our ability to protect our clients’ legal interests while working to minimize business disruption, safeguard reputations, and preserve good will. Zuckerman Spaeder attorneys often persuade government lawyers not to pursue these cases or to resolve them before trial. If litigation is unavoidable, our clients benefit from our team of seasoned trial lawyers—a hallmark of our firm.
Our successes for clients includes avoiding prosecution and intervention in civil FCA actions; securing dismissal of civil actions that the government or qui tam relators have pursued; obtaining numerous acquittals, in one case, after a months-long trial; negotiating deferred prosecution agreements and favorable settlements; obtaining declinations; and preserving our wins on appeal. Perhaps most critical for health care providers and government contractors, we work tirelessly to maintain our clients’ eligibility to do business with the government.