NP Alumni NP Team Work Ideas News Careers Locations HOME WORK GOVERNMENT INVESTIGATIONS & WHITE COLLAR DEFENSE False Claims Act Our team, which includes former prosecutors from the DOJ’s civil fraud section and criminal division, defends companies against liability in investigations and litigation, and helps them develop strategic compliance measures to avoid exposure. Our Approach The False Claims Act (FCA) is the most powerful weapon in the government’s civil fraud enforcement arsenal, reaching nearly every individual and entity that receives federal funds. Unique aspects of the FCA contribute to the billion-dollar recoveries that the Department of Justice (DOJ) has reported every year but one for the last two decades. Throughout recessions, administration changes, and shifting criminal enforcement priorities, the DOJ’s reliance on the FCA has continued unabated. Our multidisciplinary FCA compliance and defense team includes seasoned litigators, regulatory compliance counsel, former federal and state prosecutors from across the country, alumni of the DOJ’s civil and criminal divisions, and a former trial attorney from the civil fraud section. We understand the act, its many nuances, and the regulatory or contractual scheme underlying alleged misconduct. Our collective experience gives us unique insights into sealed FCA investigations and the DOJ policies that shaped them. We have first-hand familiarity with the government’s investigatory techniques, the critical decisions that the government makes throughout an FCA investigation, and the specific opportunities to transform the investigation, persuade the government to decline qui tam allegations, and obtain early, favorable resolution. Further, not all civil fraud enforcement occurs at the federal level. Thirty-one states and territories now have FCA-like statutes, and interstate coordination of enforcement actions, including through the National Association of Medicaid Fraud Control Units, is becoming more prevalent. Our team also includes former assistant attorneys general who have successfully defended high-profile false claims and consumer fraud actions brought under state law. Our Services Working together, we help our clients navigate FCA matters, including those facing allegations of defective pricing, faulty contract performance, improper reporting, overcharging, kickbacks, and fraudulent Medicare and Medicaid billing. To mitigate FCA and related administrative exposure, we conduct internal investigations and counsel clients on reinforcing compliance measures and remedial programs. When pre-litigation resolution has proven undesirable, we have a proven track record of winning motions to dismiss, conducting targeted discovery in support of successful motions for summary judgment, and otherwise zealously preparing cases for trial. At every stage, we identify additional opportunities for relief from unmeritorious claims, including arguing for dismissal under a unique provision of the FCA that permits DOJ to dismiss declined qui tam actions. Government-led FCA investigations may portend parallel criminal and administrative investigations. Our white-collar bench has decades of experience navigating the grand jury process, government proffer sessions, and, if necessary, indicted matters. We regularly negotiate with the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and other Inspectors General, and have successfully resolved FCA matters without the implementation of a corporate integrity agreement. We Work With: Fortune 500 companies Pharmaceutical, medical device, and biotech manufacturers Government and defense contractors Grant recipients Educational institutions Teaching hospitals Clinics Labs Nursing facilities Medical societies Energy, environmental, and transportation infrastructure Technology companies MEDIA CLIPS IDEAS Whistleblower-initiated FCA investigation highlights risks to PPP borrowers, other pandemic relief beneficiaries Government Investigations & White Collar Alert | 09.27.21 Previous Next PRESS Former senior DOJ official and decorated federal prosecutor joins Nixon Peabody’s Government Investigations & White Collar Defense practice 06.09.21 Previous Next EVENTS A Conversation with the Prosecutors Who Tried United States v. AseraCare: Lessons from a False Claims Act Jury Trial 12.10.19 | Webinar Previous Next TALKS Strategies in Evaluating and Pursuing Medicare Part C and Medicaid Managed Care Cases—Falsity and Damages 02.25.22 | Virtual Presentation Previous Next CONTACTS Adam R. Tarosky Partner Leader, False Claims Act Team atarosky@nixonpeabody.com Phone: 202-585-8036 View All Contacts FALSE CLAIMS ACT RELATED PRACTICES NP TEAM WORK IDEAS NEWS CAREERS LOCATIONS SITEMAP PAL LEGALLY GREEN® Privacy Policy | Terms of Use and Conditions | Statement of Client Rights | Nixon Peabody International LLP ©2021 Nixon Peabody LLP This website contains attorney advertising. Prior results do not guarantee a similar outcome.