

False Claims Act (FCA) investigations and litigation – at both the federal and state level – present significant risks for companies operating in the healthcare, defense, finance, information technology, education, construction, logistics and transportation sectors, among others. Miller & Chevalier has long been a leader in helping clients respond to FCA investigations and defending such cases in all phases of litigation. Our multi-disciplinary team includes expert investigative counsel, seasoned litigators and trial attorneys, and lawyers with extensive government experience within the U.S. Army, Department of Justice (DOJ), Customs and Border Protection's (CBP) Office of Regulations and Rulings, and the Internal Revenue Service (IRS). We have litigated numerous significant FCA cases, including many actions initiated by qui tam plaintiffs, and have successfully resolved multiple large FCA matters and disposed of many others through creative motions. We have had similar success in the investigations stage, resolving many matters before they are ever filed or unsealed. In addition to our litigation successes, our advocacy has involved undertaking internal investigations, engaging in proactive outreach to convince the government not to institute an action or intervene in a pending qui tam action, and making voluntary disclosures in the appropriate circumstances. We work closely with in-house counsel, compliance teams, and internal auditors to establish procedures and improve compliance programs, helping companies doing business with government agencies to mitigate risk and avoid FCA problems in the future.
At Miller & Chevalier, our FCA team leverages the firm's extensive experience advising federal contractors, conducting internal investigations, managing government investigations, and litigating disputes to defend our clients. Our practice includes former in-house lawyers, federal prosecutors, and experienced litigators who have handled all aspects of FCA investigations and litigation for companies and the government. Miller & Chevalier has been named a top investigation firm by Global Investigations Review for 10 consecutive years, noting that we are "recognised for its ability to resolve complex cases with U.S. authorities" and "regularly tapped by clients facing major corporate crises."
Spotlight
- Represented one of the nation's largest energy services companies in an FCA suit based on alleged violations of the Buy American Act (BAA) and Trade Agreements Act (TAA) on a U.S. military energy-savings performance contract. Filed successful motion to dismiss within weeks of the complaint being unsealed.
- Obtained a jury verdict, subsequently affirmed by the Fourth Circuit, for a contractor in an FCA case in the Eastern District of Virginia seeking more than $70 million for alleged defective pricing.
- Currently representing an Alaska Native Corporation in an FCA case involving allegations of small business subcontracting fraud.
- Successfully represented an information technology company in several FCA suits alleging worthless services and mischarging.
- Successfully represented a defense contractor in multiple FCA suits arising from various procurement contracts with the U.S. government.
- Represented the Blue Cross and Blue Shield Association in an FCA suit alleging fraud in the performance of a Federal Employees Health Benefits Act (FEHBA) contract with the Office of Personnel Management (OPM). Summary judgment was granted in the Association's favor.
- Represented a life sciences company in an internal investigation with FCA implications arising from government pricing.
- Represented a major construction and engineering firm in an internal investigation with FCA implications arising from violations of the Anti-Kickback Act involving a subcontractor.
- Represented a U.S. Agency for International Development (USAID) public health contractor navigating FCA concerns arising out of employee self-dealing resulting in local law tax violations and improper cost-accounting, including interacting with the contracting officer and Office of Inspector General and negotiating remediation.