False Claims Act and Qui Tam Actions

Because of the huge sums of money being disseminated under the Recovery Act, plaintiffs’ lawyers will be focused on bringing qui tam lawsuits under the False Claims Act (FCA) concerning Recovery Act programs. Moreover, there is a significant risk of FCA actions filed directly by the U.S. Department of Justice, especially because Recovery Act fund recipients will be subjected to extensive oversight by Inspectors General, the Government Accountability Office and other federal investigators.

To minimize the possibility of FCA lawsuits, companies receiving Recovery Act funds must, of course, follow all contract and grant requirements carefully, and follow normal company policies and compliance processes.  Moreover, there are certain labor practices and strategies that can be adopted to minimize the risk that employees will file qui tam lawsuits.  Contractors and grantees must adopt and follow compliance processes to ensure that allegations of FCA violations are investigated and any “credible evidence” of such a violation is disclosed to the inspector general.  Finally, all contractors and grantees should stay tuned to the possibility of amendments to the FCA, which may require changes in their compliance programs and labor policies.

Akin Gump Strauss Hauer & Feld LLP has extensive experience advising clients on the FCA and defending FCA lawsuits and related civil, criminal and congressional investigations. Our lawyers have assisted Fortune 500 and nonprofit companies in more than 40 significant FCA matters. We routinely conduct internal investigations, respond to government and congressional investigations, defend lawsuits filed under the FCA, defend retaliation lawsuits brought by alleged whistleblowers and seek to avert debarment and exclusion proceedings. We have proven experience in handling the most complex and high-stakes FCA matters, and our team includes lawyers with experience working at the U.S. Department of Justice and the Office of Inspector General at the U.S. Department of Health and Human Services. This government experience provides Akin Gump clients with invaluable insights into government strategy and decision-making in FCA litigation and lays the groundwork for effective negotiations with government officials.

Please click here for more information about our False Claims Act/Qui Tam Actions practice

Contacts:
	Email:	Phone:
	Scott Heimberg	202.887.4085	See More…
	Bob Huffman	202.887.4530	See More…
	Peter Hutt	202.887.4294	See More…
	Robert Salcido	202.887.4095	See More…
	Gary Thompson	202.887.4118	See More…