False Claims Act Defense
Any government contractor, grantee, or other recipient of federal funds must be aware of the civil False Claims Act (FCA). The stakes are high -- violations may result in treble damages plus steep penalties, suspension or debarment from government contracting or program participation, and even a criminal investigation or prosecution.
Holland & Knight brings together one of the most formidable legal teams in the country for avoiding and defending against FCA investigations and allegations. The Team includes former prosecutors dedicated compliance practitioners, and lawyers involved with government contracts, health care and other industries vulnerable to FCA issues.
Keeping Abreast of the Latest Developments
Holland & Knight lawyers stay abreast of the recent legislative, statutory and regulatory changes that are altering the FCA landscape. The FCA itself was amended by the Fraud Enforcement and Recovery Act of 2009. Mandatory disclosure requirements have been imposed by changes to the Federal Acquisition Regulation. State counterparts of the FCA are proliferating and are being more aggressively enforced. These changes, coupled with increases in federal spending under the American Recovery and Reinvestment Act, create new risks in this area. And Congress is considering additional legislative changes that would further increase the incentives for whistleblowers (relators) to come forward and initiate FCA qui tam actions.
Knowledge of Your Industry
The Holland & Knight False Claims Act Team brings insight and legal know-how to the needs of businesses in any industry likely to receive government funding: government contracts, health care, construction, education, transportation, energy /environment and financial services, among others.
Efficient Integration of Legal Skills and Practices
A Holland & Knight firm hallmark is the ability to rapidly deploy the right mix of “cross practice” talent for the case at hand. In staffing an FCA matter, lawyers focused on the FCA may be partnered with attorneys concentrating in government contracts, health care law and life sciences, labor and employment, energy, environmental law or white collar defense. This approach enables deep substantive knowledge of the relevant law to be coupled with procedural mastery in compliance, investigations, electronic discovery, settlement, jury trials and appeals, increasing the likelihood of a favorable outcome for your case.
From Managing Risk to Aggressive Defense
Your risks are mitigated, and your needs are efficiently met, by lawyers who can assist you in preventing FCA problems and in dealing with every potential stage in the “lifecycle” of FCA matters that do arise, including:
- establishing internal controls and compliance policies and procedures
- providing labor and employment advice and representation concerning whistleblower protections and claims
- conducting discreet, thorough and cost-effective internal investigations
- defense of investigations by Inspectors General, federal investigative agencies or the Department of Justice (DOJ)
- advocacy with the DOJ regarding intervention in qui tam FCA actions and early settlement when appropriate
- evaluating exposure to threatened suits and crafting appropriate litigation strategies
- litigating cases through trial and appeal
In addition, the lawyers have the knowledge and skill to handle important collateral issues that may arise in conjunction with an FCA matter, such as suspension and debarment or a criminal investigation or prosecution.
Experience With the Full Range of Potential Claims
The FCA Team prides itself on providing comprehensive representation and exemplary service to a diverse client base. They have experience in the full gamut of FCA cases, initiated by both the DOJ and whistleblowers, including:
- mischarging or overcharging on government programs
- providing defective or non-conforming products
- Medicare or Medicaid overcharging
- fraud or misconduct in the procurement process
- conflicts of interest
- false certifications or warranties
- misrepresenting qualifications
False Claims Act and Government Contracting
Government contracting long has been the leading source of FCA cases. Government audits are routine and investigations by Inspectors General and federal investigative agencies abound. Currently, the American Recovery and Investment Act is creating additional opportunities for businesses looking to secure work from the federal government, but it also will bring increased scrutiny of how the public's money has been spent. Holland & Knight’s seasoned Government Contracts Practice provides the counsel needed for assessing opportunity, navigating the statutory and regulatory landscape, managing the risks inherent in this area, and for avoiding costly FCA violations.
False Claims Act and the Health Care Sector
Fraudulent activity against federal and state funded insurance programs has reached epidemic proportions. While the DOJ has exposed billions of dollars of fraud, largely through the efforts of qui tam whistleblowers, substantial activity goes undetected. And the detailed, complex regulatory regime creates an environment in which good faith judgments or honest mistakes may be branded as violations. Heightened efforts to uncover fraud means increased risk and vulnerability for the myriad businesses operating in this arena. The FCA Team works closely with the firm’s Health Law and Life Sciences and Compliance Services Teams to guard against actionable practices, and to launch an informed and rapid response in the event of alleged wrongdoing.
False Claims Act and the Construction Industry
Holland & Knight construction lawyers are versed in all aspects of construction-related claims, which may be scrutinized under the FCA. Given the severity of the FCA's sanctions, construction, contracting, design and other professionals involved in this industry demand the experience and know-how of lawyers steeped in construction law and in the FCA. In addition to helping companies design and implement compliance programs, the team has been successful in resolving many construction claims through settlement.
False Claims Act in the Education Sector
Educational institutions that administer federal funding are vulnerable to government scrutiny and the threat of whistleblowers and qui tam actions. Institutions involved with medical research fueled by government funding are particularly at risk. FCA practitioners at Holland & Knight have worked closely with numerous educational institutions to help administer proactive compliance policies to lessen the chances of allegations or missteps.
False Claims Act and the Transportation Industry
For more than 30 years, Holland & Knight lawyers have represented the varied interests of clients operating in the many facets of the transportation industry. We have advised aviation, maritime and transit system clients as well as municipalities and businesses that are involved in government funded projects and grants. This wealth of knowledge and experience enables the team to effectively handle issues that arise under the FCA in connection with government funding or regulatory regimes.
False Claims Act and the Energy and Environmental Industries
The Holland & Knight Energy and Environmental Teams have a long history of advising clients in all areas of energy-related regulatory, legislative, transactional and litigation matters. We counsel clients regarding a range of projects that could involve federal funding, and their attendant risks. Clients we serve have been involved in everything from renewable energy work to large-scale energy industrial projects, and more. The attendant FCA issues that have arisen for clients are also varied, including cases involving: environmental compliance, use of inferior materials, and inflated charges of various types.
False Claims Act and the Financial Services Industry
At a time of intense government scrutiny of banks and other financial institutions, whistleblower activities abound. Holland & Knight’s dedicated industry and FCA practitioners have handled cases involving yield burning, arbitrage schemes, public finance abuse, among other alleged violations.
Related Practices: