Miller & Chevalier | Practices and Industries | False Claims Act and Qui Tam Defense

Practices and Industries Litigation Fraud & White Collar Crime False Claims Act and Qui Tam Defense
Overview Biographies	Miller & Chevalier has long been a leader in defending False Claims Act and qui tam cases in both the defense and health care arenas. We have litigated more than thirty significant cases brought or threatened under the False Claims Act, including many actions initiated by qui tam plaintiffs. We have successfully disposed of many matters through creative motions raising the full range of available defenses, and several of these cases are landmarks in the field, such as United States ex rel. Wilkins v. N. Am. Constr. Corp., 173 F. Supp. 2d 601 (S.D. Tex. 2001) (materiality) and United States ex rel. Foust v. Group Hosp. & Med. Servs., Inc., 26 F. Supp. 2d 60 (D.D.C. 1998) (public disclosure). We are just as proud of having resolved many matters before they are ever filed or unsealed. This has involved undertaking internal investigations, convincing the government not to institute an action or intervene in a pending qui tam action, and occasionally making voluntary disclosures. Our ability to craft innovative solutions to challenging False Claims Act issues stems partly from the firm’s long-standing core practices in the defense procurement and health care areas. For more than forty years, Miller & Chevalier has had a full-service government contracts practice, providing counseling and litigation services for a broad range of government contractors. We also represent many health insurers, HMOs, and other health care providers, and have litigated dozens of precedent-setting cases in health care law. For a fuller list of our experience, click here. Significant recent engagements: We represented a client in two qui tam cases alleging (1) defective pricing, and (2) failure to comply with quality assurance and other contract provisions, in connection with contracts for provision of generator sets for Navy destroyers. More than $200 million in damages and penalties were alleged. We convinced the United States not to intervene in the actions, and spent several years in hard-fought discovery against relators’ counsel. We won the defective pricing claims on summary judgment, and the quality claims were won on directed verdict. We represented Lockheed Martin in two qui tam cases alleging mischarging of costs and defective pricing in connection with contracts for provision of aircraft navigation systems. More than $147 million in damages and penalties were alleged. We successfully convinced the United States not to indict the company or any individuals. We mediated the case to a successful settlement. We represented a client in a qui tam case alleging it had failed properly to inspect tests and other procedures at a subcontractor’s facilities. After extensive investigation, we persuaded DOJ that the facts alleged by the relator were incorrect. DOJ declined to intervene, and the relators voluntarily dismissed the case. We represented a contractor in a qui tam matter alleging defective pricing of more than twenty contracts. After an exhaustive internal investigation, our attorneys discovered exculpatory facts not known either to the relator or the agency’s attorneys. On the strength of this evidence, we convinced the DOJ not to intervene, and persuaded the relator to dismiss the qui tam lawsuit voluntarily. We represented a government contractor in parallel criminal and civil investigations into allegations of defective pricing. No criminal charges were brought, and no civil claims were asserted. To view attorneys who practice in this area, please click here .