In today’s increasingly complex regulatory environment, companies and their officers, directors and executives, in virtually all industries, face an increased risk from government investigations and enforcement actions brought under the False Claims Act. Whether initiated by qui tam whistleblowers or government regulators, these high-stakes matters come with potentially severe consequences for the companies and employees involved—including the potential for substantial financial penalties and even parallel criminal investigations.

Vedder Price’s False Claims Act team has successfully represented clients in health care, government contracting (including both DoD and civilian government contracts), and other industries in civil False Claims Act litigation and related civil and criminal investigations across numerous regulatory agencies. We represent clients at every stage of a matter—from developing compliance policies and responding to whistleblower hotline complaints, to tirelessly representing clients during investigations, litigation and at trial. We are recognized for our ability to achieve favorable results, such as convincing the government not to proceed, early settlement, as appropriate, or outright dismissal. Our team conducts internal investigations to evaluate risk and defend against potential allegations of misconduct.

The Vedder Price team combines skilled white collar defense attorneys, many of whom are former prosecutors or government investigators, with the industry knowledge of the firm’s top-tier Government Contracts and Health Care practices. This blend of litigation, regulatory and compliance experience allows us to develop customized defense strategies that mitigate risk and maximize the chances of an optimal resolution.

Representative Matters

Health Care

• Represented former CEO of surgical specialty hospital in False Claims Act qui tam litigation related to alleged anti-kickback and Stark law violations regarding the hospital’s various financial arrangements with physician-owners, and in related DOJ and state government investigations
• Represented multiple physicians in False Claims Act qui tam litigation related to alleged improper billing of testing procedures, and in related DOJ and state government investigations 
• Represented hospital system in federal and state False Claims Act litigation related to alleged Stark law and anti-kickback violations regarding use of physician medical directorships, resulting in a favorable resolution
• Represented hospital CFO in expansive federal parallel criminal and civil prosecutions involving anti-kickback and Stark law allegations related to the use of various types of agreements to conceal payments to over 70 physicians, with a loss exceeding $40 million. Resolved the matter on favorable terms, with no sentence of imprisonment
• Conducted internal investigation for large hospital system regarding potential anti-kickback, Stark law, and other health care compliance issues
• Represented multiple employees of health care specialty practice in DOJ fraud investigation
• Successfully resolved False Claims Act qui tam litigation and related DOJ investigation for a medical billing company and its President, resulting in a favorable monetary settlement
• Routinely advise lender and private equity clients regarding False Claims Act and other health care regulatory issues faced by their borrowers and portfolio companies
• Routinely speak and write on whistleblower, health care fraud investigation and qui tam litigation
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Government Contracting and Procurement

• Represented large defense contractor in False Claims Act qui tam action brought by a former engineering employee that alleged fraudulent equipment testing. Obtained dismissal of the 127-page complaint for failure to state a claim, concluding the case
• Represented large government contracts reseller of IT products in False Claims Act qui tam action alleging misrepresentation and falsely certification of compliance with the Buy American Act and Trade Agreements Act. Obtained dismissal for failure to allege any actual false claims with sufficient particularity
• Represented large government contracts reseller in False Claims Act qui tam action alleging violation of the Trade Agreements Act in the sale of IT products to the federal government. Obtained dismissal under the first-to-file rule
• Represented aerospace defense contractor in False Claims Act case brought by DOJ alleging government property issues. Resolved prior to trial for less than 1% of DOJ’s demand
• Represented government contractor in False Claims Act qui tam action alleging defective pricing and price reduction issues. Resolved on the eve of trial for less than 1% of the relator’s and DOJ’s demands
• Represented defense contractor in False Claims Act qui tam action alleging improper product substitutions. Established that the relator’s case had no merit, resulting in the DOJ declining to intervene and the relator agreeing to voluntarily dismiss the case with prejudice
• Represented defense contractor in False Claims Act matter alleging problems with the contractor’s quality control and testing system. Established that the relator’s case had no merit, resulting in the DOJ declining to intervene and the relator deciding not to file suit
• Successfully resolved civil and criminal DOJ investigations into publicly traded defense contractor related to alleged violations of SBA regulations without litigation and for a civil monetary settlement for less than the government’s single damages theory, following the guilty plea of a former employee
• Represented defense contractor in a federal False Claims Act matter involving alleged wrongful retention of overpayments under a substantial federal government contract
• Represented defense contractor in connection with DOJ and state False Claims Act investigations related to delivery of alleged faulty equipment
• Represented defense contractor in connection with DOJ False Claims Act investigation related to alleged improperly constructed facilities
• Represented non-profit corporation in federal False Claims Act investigation regarding alleged misuse of government funds related to substantial development projects
• Conducted internal investigation for publicly traded airline related to DOJ False Claims Act investigation
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